Tag Archive: Justice


Philip Davies (Shipley, Conservative)

To ask the Secretary of State for Justice how many people who have served an indeterminate sentence for public protection have re-offended after release; and what estimate he has made of the number of offences committed by such re-offenders in each of the last five years.

Crispin Blunt (Parliamentary Under Secretary of State (Prisons and Probation), Justice; Reigate, Conservative)

As at 13 September 2010, the National Offender Management Service has been notified of 11 offenders subject to indeterminate sentences of imprisonment for public protection (IPP) and who have been convicted of criminal offences committed following release on licence.

The number of offences committed by the offenders broken down over each of the last five years is given in the table below. One offender reoffended on two separate occasions and so appears twice in the table.

Number of offenders

Number of offences

2010

(1)4

4

2009

6

8

2008

2

2

2007

0

0

2006

0

0

(1) For the period 1 January 2010 until 13 September 2010

These figures have been drawn from the Public Protection and Mental Health Group (PPMHG) database and internal PPMHG paper records. As with any large scale recording systems, they are subject to possible errors with data entry and processing.

It is for the independent Parole Board to determine whether IPP offenders should be released from custody on licence.

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Oliver Colvile (Plymouth, Sutton and Devonport, Conservative)

To ask the Secretary of State for Defence how many (a) veterans and (b) veterans diagnosed with mental illness linked to their service are (i) imprisoned and (ii) on probation.

Andrew Robathan (Parliamentary Under Secretary of State (Defence Personnel, Welfare and Veterans), Defence; South Leicestershire, Conservative)

holding answer 20 July 2010

The number of veterans in prison in England and Wales was announced in a written ministerial statement on 6 January 2010, Hansard, column 7WS. The results of the follow-on work referred to in that statement will be announced shortly. Work to determine the number of ex-Service personnel on probation is currently ongoing, jointly with the Ministry of Justice. Information on the numbers of veterans in prison/probation diagnosed with mental illness linked to their service is not available.

The Government are committed to providing effective, through-life, health services for our Service and ex-Service personnel. The Prime Minister has asked my hon. Friend Dr. Murrison to conduct an independent study into the provision of Ministry of Defence and NHS support and services to the armed forces and ex-Service personnel and to make recommendations for improvement particularly in the area of mental health.

NHS Veterans Community Mental Health Pilot schemes have also been established in six NHS Trusts around the country. They are currently being evaluated with a report expected in the autumn. The findings of the evaluation report will inform broader rollout of veterans’ mental health services across the NHS in 2011-12. Additionally, the Medical Assessment programme at St Thomas’ Hospital in London is available to serving and former armed forces personnel who have deployed on operations since 1982.

The Government have also recently confirmed an additional £2 million to allow the Department of Health to work with strategic partners, including combat stress, to ensure the best treatment possible is available for veterans with mental health problems.

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Kerry McCarthy (Bristol East, Labour)

What assistance the Crown Prosecution Service gives to people with disabilities who are giving evidence as victims in rape cases.


Edward Garnier (Solicitor General; Harborough, Conservative)

Giving evidence as a victim in a rape case must be a traumatic experience, no matter whether the person has a disability or not. The Crown Prosecution Service endeavours to ensure that individually tailored support is given to all victims. Victims with disabilities are eligible for a range of special measures to enable them to give their best evidence. In appropriate cases, prosecutors offer to meet victims personally to discuss the need for special measures.

Kerry McCarthy (Bristol East, Labour)

I am afraid that the Minister’s answer reflects the fact that my question has appeared on the Order Paper in a substantially different form from how it went into the Table Office. What I am really concerned about is that people with disabilities, particularly learning disabilities, are disproportionately the victims of rape, yet the prosecution rate in such cases is very low. What more can be done to ensure that, despite any difficulties they might have in giving evidence, their cases are brought to court?

Edward Garnier (Solicitor General; Harborough, Conservative)

I will endeavour to assist the hon. Lady, irrespective of the way in which her question ended up on the Order Paper. First, I want to congratulate her on her appointment as the shadow Minister for those affected by disability issues. I am sure that she will be an active participant in these debates, and I hope that policy will develop as a consequence- [ Interruption. ] I was endeavouring to be genuinely helpful, Mr Speaker.

The main point that I want to get across to the hon. Lady is that any prosecution depends on evidence, and achieving best evidence from people with disabilities is vital. If she is right in saying that a disproportionate number of people with disabilities are raped and that their cases do not get to trial, we must do all that we can-and I do mean “we”-to ensure that their evidence is presented to court in a way that juries can consider and, if appropriate, bring in a true verdict of guilty.

Alan Beith (Berwick-upon-Tweed, Liberal Democrat)

Will the Attorney-General keep in mind the recommendation of the Justice Committee that the courts are quite capable of treating people with learning disabilities, and those with mental health problems, as credible witnesses? The Crown Prosecution Service should not be frightened to bring such witnesses before the courts.


Edward Garnier (Solicitor General; Harborough, Conservative)

I entirely agree with the right hon. Gentleman. As I hope I indicated in my first reply, the Crown Prosecution Service does its very best to ensure that all victims of rape are properly treated and that their evidence is put before the court so that the alleged defendants, or alleged criminals, can be brought to justice. I have absolutely no doubt that the CPS will do its very best. I should add that, having recently attended the Judicial Studies Board course on serious sex offences, I know that the judiciary are acutely aware of the need to deal with the sort of problems that the right hon. Gentleman mentioned.

Caroline Flint (Don Valley, Labour)

Given that one of the vulnerabilities that people with learning disabilities face is that if they are abused or raped in a residential setting, some of those carrying out these rapes will move to another care home and might get lost in the system, and given that the Government have announced that they no longer intend to proceed with putting the application for anonymity on to a legislative basis, but want to look at non-statutory options, may I urge the Solicitor-General and his right hon. and learned Friend the Attorney-General to ensure that there is wide consultation on any non-statutory option to extend anonymity?

Edward Garnier (Solicitor General; Harborough, Conservative)

The point is well made and noted.

Rehman Chishti (Gillingham and Rainham, Conservative)

Certain European jurisdictions have the use of specialist rape courts, which enable best evidence and have increased conviction rates, so would the Attorney-General consider that?

Edward Garnier (Solicitor General; Harborough, Conservative)

All judges who try serious sexual offences cases are specially trained, as are the prosecutors from the Crown Prosecution Service and the people who assist prior to trials, such as those who work in the sexual assault referral centres and the independent domestic and sexual violence advisers, who were mentioned in an earlier question. My hon. Friend makes a good point, which underlines our earlier discussions.

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Richard Burden (Birmingham, Northfield, Labour)

To ask the Secretary of State for Justice pursuant to the answer of 1 July 2010, Official Report, columns 614-5W, on Gary Critchley, under which section of the Mental Health Act 1983 Gary Critchley is being detained; when his detention under this section of the Act commenced; and what the dates are of any previous detention of Mr Critchley under the Mental Health Act 1983 since the date of his conviction for murder.

Crispin Blunt (Parliamentary Under Secretary of State (Prisons and Probation), Justice; Reigate, Conservative)

Mr Critchley is detained in hospital under sections 47 and 49 of the Mental Health Act 1983. His transfer to hospital was directed by the Secretary of State by a warrant dated 8 March 2010. Mr Critchley was admitted to hospital on 17 March 2010. There is no record in the Department of his having previously been detained under the Mental Health Act.

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Richard Burden (Birmingham, Northfield, Labour)

To ask the Secretary of State for Justice pursuant to the answer of 1 July 2010, Official Report, columns 614-5W, on Gary Critchley, whether Gary Critchley’s detention under the Mental Health Act 1983 is related to his conviction for murder.

Crispin Blunt (Parliamentary Under Secretary of State (Prisons and Probation), Justice; Reigate, Conservative)

Mr Critchley is serving a mandatory life sentence following his conviction for murder in May 1981. His transfer to hospital was directed by the Secretary of State in March 2010 under section 47 of the Mental Health Act 1983, which applies to convicted serving prisoners. But the transfer was directed on the basis of medical evidence that he was mentally disordered to an extent which justified his detention in hospital for medical treatment and that appropriate medical treatment was available for him.