Written questions by McMurdock.

Pursuant to Answer of 9th December 2025 to Question 96041, on Reoffenders: Sentencing, what assessment he has made of how frequently courts depart from sentencing guidelines on the basis that it is in the interest of justice to do so.

All sentencing courts in England and Wales must follow any sentencing guidelines which are relevant to the offender’s case, unless it is in the interests of justice not to do so (by virtue of section 59 of the Sentencing Code). Whilst there is a high bar for departing from the guidelines, it is necessary, in the interests of justice, that courts retain the discretion to do so, where the individual case and circumstances warrant it. If a court departs from the guidelines, it must give reasons for doing so. As mentioned in my previous response, the Sentencing Council has a statutory duty to monitor and evaluate all definitive guidelines to assess their impact on sentencing outcomes and ensure they operate as intended. Analysis conducted by the Council between 2010 and 2015 demonstrated that the vast majority of sentences imposed for offences for which there were offence-specific guidelines were within the sentence range set out in the guidelines. The findings are presented in the Council’s annual reports for 2010/11 through 2014/15 which are available on its website. As part of its ongoing monitoring of the use of guidelines, the Council conducts quantitative and qualitative research to determine how the guidelines are being used and the effect they are having on sentencing practice. These evaluations will highlight any issues if departures from guidelines are commonplace for a particular offence(s) or aspect of sentencing.

How many Employment Tribunal awards remain unpaid in each of the last three years.

The Government does not collect or publish data on the outcomes of employment tribunal enforcement actions; however we do publish data on the value of awards from the Employment Tribunal for unfair dismissal and discrimination claims. The Department of Business and Trade will collect additional updated data on payment outcomes through the Survey of Employment Tribunal Applications in 2026.

What plans he has to monitor data on (a) conviction rates, (b) sentencing patterns and (c) appeals arising from cases affected by the removal of the right to elect a jury trial; and whether that data will be published.

We will continue to monitor conviction rates, sentencing outcomes and appeals volumes as part of our ongoing assessments of the criminal justice system. The Ministry of Justice publishes data on convictions and sentencing outcomes for a wide range of offences and by defendant characteristics, in the Outcomes by Offences data tool, that can be downloaded from the Criminal Justice Statistics landing page here: Criminal Justice Statistics. The Department will continue to publish this data quarterly. The Ministry of Justice also publishes data on appeals but does not have access to the reasons for appeal, beyond whether a sentence or verdict has been appealed. Data on appeals volumes can be found as part of the Criminal Courts Statistics release: Criminal court statistics - GOV.UK.

What data he holds on the reoffending rates of individuals convicted of offences relating to illegal entry into the UK.

Providing this would incur disproportionate costs.More broadly the Government is tackling the root causes of reoffending by investing in a range of services which address offenders’ underlying criminogenic needs and support their rehabilitation journey. This includes education, employment, accommodation and access to substance misuse treatment.

What plans he has to publish data on convictions and sentencing outcomes for immigration offences.

The Ministry of Justice routinely publishes data on prosecutions, convictions and sentencing at criminal courts in England and Wales in the Outcomes by Offences data tool. This tool includes convictions and sentencing for immigration offences and can be downloaded from the Criminal Justice Statistics landing page here: Criminal Justice Statistics.

What assessment he has made of the potential impact of removing a defendant’s right to elect trial by jury for triable-either-way offences on public confidence in the criminal justice system.

The Government inherited a justice system in crisis, with a record and rising open caseload of nearly 80,000 criminal cases waiting to be heard and too many victims waiting years for justice. One of the first priorities of this Government has been to tackle this crisis, which is why we asked Sir Brian Leveson to undertake his independent review. On 2 December, the Deputy Prime Minister responded to the first part of that review and set out why reform is necessary, alongside investment and modernisation.Jury trials are the cornerstone of our justice system and will remain in place for the most serious crimes. It is the obligation of Government to guarantee everybody a fair trial and timely justice is fundamental to fairness.The vast majority of criminal cases are already heard in magistrates’ courts without juries, with 90% of all criminal cases being dealt with by magistrates. But the status quo is not working for victims, defendants or anyone involved in the justice system. We need to do things differently and prevent defendants from gaming the system. Currently, triable-either-way offences make up around 40% of all cases. Triable-either-way offences allow a defendant to insist on their choice of having a jury trial at the taxpayer’s expense and greater length, irrespective of the seriousness of the offence. What this means it that, currently, according to Crown Prosecution Service figures, over 4,000 defendants, whose cases could have been heard in the magistrates’ court with magistrates’ court sentencing powers, were heard in the Crown Court because the defendant was able to insist on a full jury trial. This means that in each of those cases, money and significant time and resource was spent on a jury trial, not only at taxpayer’s expense but all those in the system.Under the Government’s proposals, the mode of trial will be triaged by the Court, which will determine whether a case needs to be heard in the Crown Court, or could be heard more swiftly in the Magistrates’ Court. The latest figures show offences heard by magistrates already complete more than four times faster than similar cases in the Crown Court. Only reform will free up the space and time needed to prioritise the most serious cases – including those that can and should have a jury trial. We think that will benefit victims, witnesses, and defendants alike.

What steps he is taking to ensure that the removal of a defendant's right to elect a jury trail is compatible with Article 6 of the ECHR.

We are confident that the removal of the defendants’ right to elect is compatible with Article 6 of the ECHR. Whilst the jury trial will remain an important feature of the criminal justice system following these reforms, it is important to recognise that there is no constitutional right to a jury trial. As you will be aware, the vast majority of criminal trials in this country are conducted fairly, without a jury. 90% of all criminal cases being dealt with by magistrates. Only around 3% of all criminal trials are heard by a jury currently. But the status quo is not working for victims, defendants or anyone involved in the justice system.The Government inherited a justice system in crisis, with a record and rising open caseload of nearly 80,000 criminal cases waiting to be heard and too many victims waiting years for justice. One of the first priorities of this Government has been to tackle this crisis which is why we asked Sir Brian Leveson to undertake his independent review. On 2 December, the Deputy Prime Minister responded to the first part of that review and set out why reform is necessary, alongside investment and modernisation.As with all reforms, we will conduct full equalities impact assessment ahead of implementation to obtain an understanding of the impact.

With reference to the Written Ministerial Statement of 2 December 2025, what safeguards will be put in place to ensure that, where defendants can no longer elect a jury trial, decisions are (a) consistent and (b) subject to appropriate oversight.

The court reforms, including removing the right to elect for a jury trial, are not intended to impact trial outcomes; the intention is only to change how trials are heard.The vast majority of criminal cases - over 90% - are already heard without a jury, by magistrates. Their decisions will continue to be based on the law and the facts of the case. Safeguards are in place to ensure magistrates’ court decisions are consistent and subject to appropriate oversight. This includes a new appeals process whereby defendants will be able to seek permission to appeal based on an arguable point of law for their case. This new process will mirror the appeals process from the Crown Court to the Court of Appeal. Magistrates and judges must also follow sentencing guidelines when making sentencing decisions. These guidelines outline the factors they should consider before reaching a final decision.Under the reformed system, trials taking place in the Magistrates’ Court will be recorded. This transparency measure represents an important modernisation of our Courts but also represents an important safeguard for all parties.We will continue to monitor conviction rates and sentencing outcomes as part of our ongoing assessments of the criminal justice system.

What assessment he has made of the potential impact of removing the right to elect for a jury trial on perceptions of the justice system of a) victims, b) witnesses and c) defendants.

The Government inherited a justice system in crisis, with a record and rising open caseload of nearly 80,000 criminal cases waiting to be heard and too many victims waiting years for justice. One of the first priorities of this Government has been to tackle this crisis, which is why we asked Sir Brian Leveson to undertake his independent review. On 2 December, the Deputy Prime Minister responded to the first part of that review and set out why reform is necessary, alongside investment and modernisation.Jury trials are the cornerstone of our justice system and will remain in place for the most serious crimes. It is the obligation of Government to guarantee everybody a fair trial and timely justice is fundamental to fairness.The vast majority of criminal cases are already heard in magistrates’ courts without juries, with 90% of all criminal cases being dealt with by magistrates. But the status quo is not working for victims, defendants or anyone involved in the justice system. We need to do things differently and prevent defendants from gaming the system. Currently, triable-either-way offences make up around 40% of all cases. Triable-either-way offences allow a defendant to insist on their choice of having a jury trial at the taxpayer’s expense and greater length, irrespective of the seriousness of the offence. What this means it that, currently, according to Crown Prosecution Service figures, over 4,000 defendants, whose cases could have been heard in the magistrates’ court with magistrates’ court sentencing powers, were heard in the Crown Court because the defendant was able to insist on a full jury trial. This means that in each of those cases, money and significant time and resource was spent on a jury trial, not only at taxpayer’s expense but all those in the system.Under the Government’s proposals, the mode of trial will be triaged by the Court, which will determine whether a case needs to be heard in the Crown Court, or could be heard more swiftly in the Magistrates’ Court. The latest figures show offences heard by magistrates already complete more than four times faster than similar cases in the Crown Court. Only reform will free up the space and time needed to prioritise the most serious cases – including those that can and should have a jury trial. We think that will benefit victims, witnesses, and defendants alike.

What assessment he has made of the potential impact of removing a defendant’s right to choose trial by jury for certain offences on the constitution.

We are confident that the removal of the defendants’ right to elect is compatible with Article 6 of the ECHR. Whilst the jury trial will remain an important feature of the criminal justice system following these reforms, it is important to recognise that there is no constitutional right to a jury trial. As you will be aware, the vast majority of criminal trials in this country are conducted fairly, without a jury. 90% of all criminal cases being dealt with by magistrates. Only around 3% of all criminal trials are heard by a jury currently. But the status quo is not working for victims, defendants or anyone involved in the justice system.The Government inherited a justice system in crisis, with a record and rising open caseload of nearly 80,000 criminal cases waiting to be heard and too many victims waiting years for justice. One of the first priorities of this Government has been to tackle this crisis which is why we asked Sir Brian Leveson to undertake his independent review. On 2 December, the Deputy Prime Minister responded to the first part of that review and set out why reform is necessary, alongside investment and modernisation.As with all reforms, we will conduct full equalities impact assessment ahead of implementation to obtain an understanding of the impact.

What assessment he has made of the potential impact of changes to the right to jury trial on the number of appeals and judicial review applications.

Following reforms to the criminal courts, appellants will continue to have the right to appeal convictions and sentences received in both magistrates’ courts and the Crown Court. Permission to appeal will be granted by the judiciary where the appeal has a real prospect of success.

What steps he is taking to reduce the level of reoffending rates of people convicted of immigration offences and sentenced to short custodial terms.

The term “immigration related offences” covers a wide range of offending behaviour including making illegal entry to the country, overstaying leave to remain, employing illegal workers and facilitating breaches of immigration law.As a result, providing reoffending data across all of these offence types would come at disproportionate cost and it is difficult to make generalised assumptions about future risk of offending.More broadly the Government is tackling the root causes of reoffending by investing in a range of services which address offenders’ underlying criminogenic needs and support their rehabilitation journey. This includes education, employment, accommodation and access to substance misuse treatment.

What assessment he has made of the reoffending outcomes for adults released from short custodial sentences; and what steps he is taking to improve those outcomes.

We publish proven reoffending statistics quarterly, including detailed data by sentence type, offence type, and offender characteristics. The next publication is due at the end of January 2026 (Proven reoffending statistics - GOV.UK).We are tackling the root causes of reoffending by investing in a range of services which address offenders’ underlying criminogenic needs and support their rehabilitation journey. This includes education, employment, accommodation and access to substance misuse treatment.For example, to support employment, we are delivering vocational courses, a future skills programme, and expanding the prisoner apprenticeship scheme. All 93 resettlement prisons have key roles in place to prepare prisoners for employment on release, and we have launched regional Employment Councils, which for the first time bring businesses together with prisons, probation, and the Department for Work and Pensions to support prison leavers.Reoffending rates for adults sentenced to less than 12 months in custody remain high – in the latest data, just over 60% reoffended within a year. Ministry of Justice research shows that community orders and suspended sentences are up to 4 percentage points more effective at reducing reoffending than short custodial sentences. That is why we are introducing a presumption to suspend custodial sentences of 12 months or less via the Sentencing Bill, and expanding Intensive Supervision Courts (ISCs), which aim to reduce reoffending by diverting individuals from short custodial sentences into enhanced community-based orders.We are not, however, abolishing short sentences. Judges will always have the power to send offenders to prison where they have breached a court order, where there is a significant risk of physical or psychological harm to a particular individual, or in exceptional circumstances.

What data he holds on the rate of reoffending of people convicted of immigration-related offences.

The term “immigration related offences” covers a wide range of offending behaviour including making illegal entry to the country, overstaying leave to remain, employing illegal workers and facilitating breaches of immigration law.As a result, providing reoffending data across all of these offence types would come at disproportionate cost and it is difficult to make generalised assumptions about future risk of offending.More broadly the Government is tackling the root causes of reoffending by investing in a range of services which address offenders’ underlying criminogenic needs and support their rehabilitation journey. This includes education, employment, accommodation and access to substance misuse treatment.

What steps he is taking to reduce the proportion of offenders who commit a further offence within the one-year follow-up period used in reoffending statistics.

We publish proven reoffending statistics quarterly, including detailed data by sentence type, offence type, and offender characteristics. The next publication is due at the end of January 2026 (Proven reoffending statistics - GOV.UK).We are tackling the root causes of reoffending by investing in a range of services which address offenders’ underlying criminogenic needs and support their rehabilitation journey. This includes education, employment, accommodation and access to substance misuse treatment.For example, to support employment, we are delivering vocational courses, a future skills programme, and expanding the prisoner apprenticeship scheme. All 93 resettlement prisons have key roles in place to prepare prisoners for employment on release, and we have launched regional Employment Councils, which for the first time bring businesses together with prisons, probation, and the Department for Work and Pensions to support prison leavers.Reoffending rates for adults sentenced to less than 12 months in custody remain high – in the latest data, just over 60% reoffended within a year. Ministry of Justice research shows that community orders and suspended sentences are up to 4 percentage points more effective at reducing reoffending than short custodial sentences. That is why we are introducing a presumption to suspend custodial sentences of 12 months or less via the Sentencing Bill, and expanding Intensive Supervision Courts (ISCs), which aim to reduce reoffending by diverting individuals from short custodial sentences into enhanced community-based orders.We are not, however, abolishing short sentences. Judges will always have the power to send offenders to prison where they have breached a court order, where there is a significant risk of physical or psychological harm to a particular individual, or in exceptional circumstances.

What plans he has to publish detailed data on reoffending outcomes by (a) sentence type, (b) offence type, and (c) offender characteristics.

We publish proven reoffending statistics quarterly, including detailed data by sentence type, offence type, and offender characteristics. The next publication is due at the end of January 2026 (Proven reoffending statistics - GOV.UK).We are tackling the root causes of reoffending by investing in a range of services which address offenders’ underlying criminogenic needs and support their rehabilitation journey. This includes education, employment, accommodation and access to substance misuse treatment.For example, to support employment, we are delivering vocational courses, a future skills programme, and expanding the prisoner apprenticeship scheme. All 93 resettlement prisons have key roles in place to prepare prisoners for employment on release, and we have launched regional Employment Councils, which for the first time bring businesses together with prisons, probation, and the Department for Work and Pensions to support prison leavers.Reoffending rates for adults sentenced to less than 12 months in custody remain high – in the latest data, just over 60% reoffended within a year. Ministry of Justice research shows that community orders and suspended sentences are up to 4 percentage points more effective at reducing reoffending than short custodial sentences. That is why we are introducing a presumption to suspend custodial sentences of 12 months or less via the Sentencing Bill, and expanding Intensive Supervision Courts (ISCs), which aim to reduce reoffending by diverting individuals from short custodial sentences into enhanced community-based orders.We are not, however, abolishing short sentences. Judges will always have the power to send offenders to prison where they have breached a court order, where there is a significant risk of physical or psychological harm to a particular individual, or in exceptional circumstances.

What plans he has to review the effectiveness of custodial sentences of under 12 months in reducing levels of reoffending.

We publish proven reoffending statistics quarterly, including detailed data by sentence type, offence type, and offender characteristics. The next publication is due at the end of January 2026 (Proven reoffending statistics - GOV.UK).We are tackling the root causes of reoffending by investing in a range of services which address offenders’ underlying criminogenic needs and support their rehabilitation journey. This includes education, employment, accommodation and access to substance misuse treatment.For example, to support employment, we are delivering vocational courses, a future skills programme, and expanding the prisoner apprenticeship scheme. All 93 resettlement prisons have key roles in place to prepare prisoners for employment on release, and we have launched regional Employment Councils, which for the first time bring businesses together with prisons, probation, and the Department for Work and Pensions to support prison leavers.Reoffending rates for adults sentenced to less than 12 months in custody remain high – in the latest data, just over 60% reoffended within a year. Ministry of Justice research shows that community orders and suspended sentences are up to 4 percentage points more effective at reducing reoffending than short custodial sentences. That is why we are introducing a presumption to suspend custodial sentences of 12 months or less via the Sentencing Bill, and expanding Intensive Supervision Courts (ISCs), which aim to reduce reoffending by diverting individuals from short custodial sentences into enhanced community-based orders.We are not, however, abolishing short sentences. Judges will always have the power to send offenders to prison where they have breached a court order, where there is a significant risk of physical or psychological harm to a particular individual, or in exceptional circumstances.

What assessment he has made of the risk of reoffending of individuals convicted of immigration-related offences.

The term “immigration related offences” covers a wide range of offending behaviour including making illegal entry to the country, overstaying leave to remain, employing illegal workers and facilitating breaches of immigration law.As a result, providing reoffending data across all of these offence types would come at disproportionate cost and it is difficult to make generalised assumptions about future risk of offending.More broadly the Government is tackling the root causes of reoffending by investing in a range of services which address offenders’ underlying criminogenic needs and support their rehabilitation journey. This includes education, employment, accommodation and access to substance misuse treatment.

What recent assessment he has made of the effectiveness of sentencing guidelines in preventing reoffending among repeat offenders.

The Sentencing Council for England and Wales is a non-departmental public body set up to promote greater transparency and consistency in sentencing, whilst maintaining the independence of the judiciary. Its primary role is to issue guidelines on sentencing, which the courts must follow unless it is in the interests of justice not to do so. There are a range of matters to which the Council must have regard when producing guidelines, one of which is the relative costs and effectiveness of sentences in reducing reoffending.  In order to help inform the way in which it has regard to such matters, the Council, as part of its strategic objectives for 2021-26, committed to reviewing the evidence on the effectiveness of sentencing and has published two independent literature reviews: The Effectiveness of Sentencing Options on Reoffending (2022) and Reconceptualising the Effectiveness of Sentencing: four perspectives (2024). The 2022 review brought together evidence on factors associated with reoffending and desistance; the (direct and indirect) costs of different types of sentences currently available in England and Wales and how sociodemographic characteristics impact these issues. The 2024 review focused on the effectiveness of sentencing from the perspectives of offenders, the general public, victims and sentencers. The Council monitors and evaluates all definitive guidelines, as per its statutory duty to do so. These evaluations assess the impact the guideline has had on sentencing outcomes and seek to determine whether the guideline has been implemented as intended, so that any issues can be identified and rectified. These evaluations use a wide range of quantitative and qualitative methods. The guidelines, strategic objectives, literature reviews and evaluations can be found online at the Council’s website: https://sentencingcouncil.org.uk/.

What plans he has to publish sentencing outcome data broken down by court area.

Sentencing in individual cases is a matter for the independent judiciary. When deciding what sentence to impose, courts must consider the circumstances of the case, including the culpability of the offender, the harm they caused or intended to cause, and any aggravating and mitigating factors, in line with any relevant sentencing guidelines, developed by the Sentencing Council for England and Wales. The Ministry of Justice publishes detailed breakdowns of sentencing outcomes, including by Police Force Area on the Criminal Justice Statistics landing page here: https://www.gov.uk/government/collections/criminal-justice-statistics-quarterly.