Written questions by McMurdock.

What steps she is taking to reduce the time taken to complete youth justice cases.

This Government inherited a criminal justice system in crisis and recognises the impact the outstanding caseloads left behind by the previous administration is having. That is why we are working tirelessly to tackle this, including increasing sitting days to a record level, increasing magistrates sentencing powers and commissioning an independent review of the criminal courts, led by Sir Brian Leveson, to consider the merits of once-in-a-generation reform.Listing of cases is a judicial function, and where possible cases involving young defendants are prioritised, and regularly reviewed, to ensure they are being listed as expeditiously as possible.

How many new prison places have been created since July 2024.

As outlined in the 10-Year Prison Capacity Strategy, this Government is committed to delivering an additional 14,000 prison places and aims to do so by 2031. Since July 2024, c.700 additional prison places have been created through new, modern houseblocks, essential refurbishments and the re-role of HMP Cookham Wood. HMP Millsike is due to open in the coming weeks and will provide an additional c.1,500 places.

Whether she plans to release more criminals from prison early due to prison overcrowding.

This Government inherited a prison system on the point of collapse and we were forced to take the necessary action to stop the criminal justice system from total gridlock.Whilst the SDS change provided the intended medium-term relief to the system, this was never expected to be a long-term solution. To ensure we are never in a position where we run out of prison places again, the Lord Chancellor announced the Independent Review into Sentencing, alongside a series of prison capacity measures. This included reforming our recall practices to target the unsustainable growth in the recall population since the pandemic and an extension of the maximum period offenders can spend on Home Detention Curfew from 6 to 12 months.The Independent Sentencing Review published its Part 1 report on 18 February. The Review’s final report is expected to be published in the spring of this year and will set out the immediate and longer-term recommendations for reform.The 10-year Prison Capacity Strategy published on 11 December set out our plans to deliver more prisons places. By 2031, we aim to have delivered a further 14,000 prison places, with all places expected to be operational by 2032. To help achieve this, we are investing £2.3 billion in prison building across the estate this year and next year, which will provide modern accommodation that helps to improve safety, security, and decency in prison and to reduce reoffending.We are also investing approximately £500 million over two years in prison and probation service maintenance to improve conditions across the estate. Beyond existing plans, work is underway to identify land that would be suitable for potential new prisons, should these be required in the future. This Government will also implement a new Crown Development Route later this Spring to allow faster planning decisions on new prisons.

What estimate she has made of the average daily cost of housing prisoners (a) under Operation Safeguard and (b) in standard prison accommodation.

This Government inherited a prison system on the verge of collapse, which would have left the courts unable to send offenders to prison and the police unable to arrest dangerous criminals. We took decisive action and implemented changes to the standard determinate sentence release point which provided essential but temporary relief to the system.In July 2024, the Lord Chancellor was clear that the capacity crisis would not disappear immediately and the changes to release points were never the whole solution to the prison capacity crisis we inherited. Over the last three months population growth in the prison estate has been high – January saw the highest average monthly prison population growth in almost two years, which has only just begun to slow. As of 24 March, there were 783 places remaining in the adult male estate. We are operating at more than 99% occupancy. Given this recent increase in demand and the subsequent disruption on the CJS, it is necessary, to temporarily reactivate Operation Safeguard to better manage the flow of offenders into the prison estate.Between February 2023 and September 2024, when it was in operation under the previous Government, the average cost per police cell activated under Operation Safeguard was £688. This reflects costs incurred by police in making Safeguard cells available, such as additional staffing and food. We will continue to minimise costs by monitoring Safeguard closely and deactivating places where we can.The cost of running a prison place is £150 per day. This is an average across the closed male estate, which includes costs such as staff costs, food, utilities and facilities maintenance, but does not include capital maintenance costs. Further information on this can be found in our published statistics: Prison performance data 2022 to 2023 - GOV.UK.

What steps her Department is taking to reduce the average wait time for an Employment tribunal application to reach a tribunal hearing.

Following recruitment, in 2024 we had 21 more salaried and 34 more fee-paid judges than in 2023, with further fee paid judge appointments to follow; and recruitment for up to 36 salaried Employment Judges commencing on 13 March 2025. HMCTS continues to invest in improving tribunal productivity through the recruitment of additional judges, deployment of Legal Officers to actively manage cases, the development of modern case management systems, and the use of remote hearing technology. A ‘Virtual Region’ of judges has delivered over 1,500 extra sitting days, which has allowed judicial capacity in certain regions of the country to be made available to hold remote hearings in other parts where capacity is stretched. The demand and pressures on London and the South East are particularly acute, and this initiative has allowed sitting capacity in other regions, such as Scotland, Wales etc to be deployed to ease them. The Lord Chancellor was able to announce on 5 March a sitting day allocation for the Employment Tribunals of 33,900 in 2025/26, the maximum allocation they are able to sit. We recognise that there remain significant challenges for the performance of the Employment Tribunals. We are therefore continuing to monitor demand on Employment Tribunals and will work with the judiciary and HMCTS on any further actions needed to improve efficiency and reduce waiting times.

Pursuant to the Answer of 14 February 2025 to Question 29394 on Mentally Disordered Offenders: Crimes of Violence, if she will make an assessment of the potential merits of collecting data on the number and proportion of prisoners that had (a) paranoid schizophrenia and (b) other mental health illnesses when they convicted in each of the last five years.

Collecting mental health data at the point of conviction provides a limited snapshot in time. The diagnosis of physical and mental health conditions is a matter for medical professionals. NHS England, which is responsible for the commissioning and funding of healthcare services in all prisons in England, records at a national level how many prisoners have a diagnosis of severe and enduring mental health conditions. This does not detail when those diagnoses were made.The Offender Assessment System (OASys), the core risk assessment tool used by His Majesty’s Prison and Probation Service, already captures some psychological and emotional factors so practitioners can explore the impact of these on their offending behaviour, identify their need for specialist support or treatment and can refer or engage with relevant professionals to manage any risk of harm they may pose.It is not possible to link medical records with justice datasets due to practical and legal issues.

What steps she is taking to ensure the recommendations of the Prison Capacity Review are implemented.

The Review into the Handling of Prison Capacity is an independent review, which will report its findings in spring 2025, and we will carefully consider any recommendations.

What immediate steps she is taking to tackle prison overcrowding while awaiting the conclusions of the 2025 Prison Capacity Review.

The Review into the Handling of Prison Capacity will report its findings in spring 2025, and we will carefully consider any recommendations to help future governments to avoid the cycle of repeated prison capacity crises. We are aiming to deliver 14,000 additional prison places by 2031 as set out in the 10-Year Capacity Strategy published in December. This consists of the construction of four new prisons, as well as the expansion and refurbishment of the existing estate and temporary accommodation. The Lord Chancellor announced a series of measures in October 2024 to manage the pressures on the prison estate until longer term reforms come into effect. This includes reforming our recall practices to target the unsustainable growth in the recall population since the pandemic and an extension of the maximum period offenders can spend on Home Detention Curfew from 6-12 months.

What steps she is taking to ensure that the salaries of prison officers reflect their job responsibilities.

HMPPS is committed to ensuring that we have a fair, transparent and effective pay and reward system, which reflects the demands of public-sector prisons. HMPPS uses an externally and independently designed, bespoke job evaluation scheme to evaluate the relative size and weight of the different roles across the Prison Service, including Prison Officers. The job evaluation scheme was developed using wide-ranging research and consultation with staff and trade unions.Prison Officer roles (and all roles within the Prison Service) have job descriptions which focus on the activities that occupy the majority of their time, setting out the main responsibilities, activities and duties of the role. Through the job evaluation process, jobs are scored and grouped together in pay bands. Prison Officers are employed on pay band 3.Pay for Prison Officers is informed by the independent recommendations made by the Prison Service Pay Review Body (PSPRB) each year.In making their recommendations, the PSPRB takes account of the written and oral evidence submitted by Government as well as evidence and representations made by the recognised Trade Unions, including the Prison Officers’ Association. The PSPRB considers a range of factors including perceived or actual changes to the roles and responsibilities of Prison Officers as presented through the evidence, as well as financial indicators such as private sector wage growth, inflation, and future Office for Budget Responsibility (OBR) forecasts.There has been significant recent investment in Prison Officer pay. The 2024/25 Prison Service pay award delivered a pay rise of at 5% for all band 3 to 5 Prison Officers, Supervising Officers and Custodial Managers on modernised terms and conditions. This brings the starting salary for an entry level officer (on the national rate, 39 hours with unsocial hours) from £32,851 (as at 1 April 2023) to £34,494 (as at 1 April 2024).

What steps she is taking to ensure prisons are not (a) overcrowded and (b) understaffed.

This Government inherited a criminal justice system in crisis, with prisons running at over 99% capacity and on the brink of total collapse. If our prisons overflowed, police would have been unable to make arrests and we would have faced the total breakdown of law and order. We had to take emergency measures in order to avoid disaster. Our priority is to ensure there is enough capacity in the prison estate in the short and longer term.Our 10-year Prison Capacity strategy published on 11 December sets out plans to deliver 14,000 prison places, maintain the places in our estate to ensure we have sufficient accommodation and explore the acquisition of land should we need to build more prison places.We remain committed to ensuring prisons are sufficiently resourced and that we retain and build levels of experience, both of which are fundamental to delivering quality outcomes in prisons.As of 30 September 2024, there are 23,571 Band 3-5 prison officers in post, and nationally across establishments we are at 99.5% of our Target Staffing Figure (when using hours adjusted FTE).Substantive recruitment efforts will continue at all sites where vacancies exist or are projected, with targeted interventions applied to those prisons with the most need.

What steps she is taking to reduce the number of positive mandatory drug tests in prisons.

We know that drugs drive reoffending and are committed to supporting offenders into recovery so they can turn their lives around.It is crucial we have a multi-pronged approach to tackling drugs - to curb the supply of drugs into prisons, several security measures have been implemented, including tackling the use of illicit mobile phones in prison, since we know they drive drug supply.To support prisoners into recovery and steer them away drugs, there are 81 prisons with Incentivised Substance Free Living Units which provide a dedicated, supportive environment for any prisoner who wants to live drug-free in prison.As set out in our manifesto, we have committed to increasing access to purposeful activity in prisons, recognising its critical role in reducing demand for drugs and supporting recovery.To bring together this rehabilitative and security focused approach to tackling drug use, 54 Drug Strategy Leads in key prisons are working to ensure that local drug strategies are effectively implemented.

What steps she is taking to improve working conditions for prison officers.

Prison officers work in difficult environments every day, with some of the most challenging people in our society and we recognise their critical importance in keeping the public safe. We strive to ensure that they work in safe and decent conditions.To protect staff from serious assaults, PAVA, a synthetic pepper spray, is available for prison officers to use in the adult male estate. Over 13,000 next generation Body Worn Video Cameras are available across public sector prisons, meaning every Band 3-5 officer can wear a camera whilst on shift. This provides high-quality evidence to support prosecutions against those who commit assaults on staff.We provide extensive mental health support, including a 24-hour helpline, confidential counselling, and online wellbeing services. Our Trauma Risk Management practitioners and Care Teams provide further support following any incidents while on duty. The Employee Assistance Programme (EAP) offers confidential 24/7 telephone helpline for counselling and provides a range of wellbeing and health promotion workshops. We offer a range of services to support staff wellbeing, which include Care Teams and Mental Health Allies, who are trained to provide support and signposting to any member of staff involved in an incident within the prison or when conducting official duties, present in all public sector prisons.We recognise prison officers deserve a fair reward for their challenging work. That is why one of the first actions of this Government was accepting the independent pay review body recommendations for 2024/2025, delivering a 5% pay rise, raising officers’ starting salaries to over £34,000. We value the work of our recognised Trade Unions in representing the views of their members, and Ministers will continue to engage with them to improve working conditions going forward.

If she will publish the Terms of Reference for the review into the handling of prison capacity.

The Terms of Reference for the review into the handling of prison capacity were published on Friday 7 February following a Written Ministerial Statement to Parliament. The Terms of Reference can be found at: https://www.gov.uk/government/publications/prison-capacity-review-terms-of-reference/review-into-handling-of-prison-capacity-terms-of-reference.

When she plans to start releasing annual statements on prison capacity.

The first annual statement on prison capacity was published on 11 December 2024. This can be found on the government website: Annual Statement on Prison Capacity: 2024 - GOV.UK.

What steps she is taking to ensure the recruitment of prison officers stays in line with planned expansion of prison capacity.

We know that sufficient and skilled frontline staffing is fundamental to delivering safe, secure, and rehabilitative prison regimes. We remain committed to ensuring prisons are sufficiently resourced and that we retain and build levels of experience, both of which are fundamental to delivering quality outcomes in prisons.As of 30 September 2024, there are 23,571 Band 3-5 prison officers in post, and nationally across establishments we are at 99.5% of our Target Staffing Figure (when using hours adjusted FTE). Our current national resourcing context is much stronger in comparison to September 2022, when there were 21,617 FTE Band 3-5 prison officers in post.All prison expansion projects, whether new prisons or smaller builds, are factored into our staffing forecasts to ensure we recruit on time and build up the experience needed to continue to deliver safe and secure regimes. HMPPS works closely with our partners to ensure that there is capacity across other workforce groups in prisons, including for educational and health posts.

What assessment she has made of the long-term impact of (a) early release schemes and (b) other emergency prison measures.

In July 2024, the Lord Chancellor took decisive action to avoid imminent gridlock across the Criminal Justice System (CJS) by changing the automatic release point for those serving eligible Standard Determinate Sentences (SDS) from 50% to 40%. The measure will be reviewed 18 months after its implementation in September 2024. This allowed us to end the previous Government’s End of Custody Supervised Licence scheme.When implementing the SDS measure, we took every possible step to mitigate risk including an 8-week implementation period, clear offence exclusions, and collaboration with partners across the CJS. We are committed to publishing transparency data on the number of SDS40-affected releases. We have already published data for day one of Tranches 1 and 2 on 7 November 2024 and are considering how routinely publishing SDS40 data best fits with our regular Accredited Official Statistics.Whilst the SDS change provided the intended medium-term relief to the system, this was never expected to be a silver bullet. To put prison capacity on a sustainable footing in the long-term, the Lord Chancellor announced the Independent Review into Sentencing, alongside a series of prison capacity measures to ensure we have sufficient capacity in the lead-up to the Review’s recommendations. This included reforming our recall practices to target the unsustainable growth in the recall population since the pandemic and an extension of the maximum period offenders can spend on Home Detention Curfew from 6 – 12 months. MoJ remains dedicated to working with its agencies and stakeholders to continuously evaluate and where necessary improve the HDC scheme.We will continue to monitor the longer-term impacts as they develop.

What steps she is taking to achieve the construction of 14,000 additional prison places by 2031.

This Government will build the prison places that the previous Government promised but failed to deliver because of their inability to stand up to their own backbenches.We are investing over £2.3 billion in prison building this year and next. The Lord Chancellor set out plans for delivering 14,000 new prison places by 2031 in the 10-Year Prison Capacity Strategy, which includes the construction of four new prisons, as well as the expansion and refurbishment of the existing estate and temporary accommodation.HMP Millsike in Yorkshire is due to open in spring 2025 and will deliver c.1,500 places. Construction of a new c.1,700 place prison near the existing HMP Gartree in Leicestershire is on track to start in the summer, and outline planning permission is in place for a c.1,500 place prison in Buckinghamshire and a c.1,700 place prison in Lancashire. Additionally, new houseblocks at HMP Rye Hill and HMP Fosse Way are due to complete during the course of 2025, providing c.700 places between them. We also continue to roll out hundreds more Rapid Deployment Cells across the estate. We are working with suppliers to deliver these places as quickly as possible.

What steps her Department is taking to ensure the independence of the courts from external influence from (a) UN bodies and (b) non-governmental organisations when enacting immigration law.

As the Prime Minister has said, it is Parliament that enacts the law on immigration, and it is Government that makes the policy (Official Report, column 249). It is an enduring strength of our democracy that when judges apply the law, they decide cases impartially, independently, and free from any external or political influence or pressure. There is a robust appellate system to deal with matters arising from a decision.

If she will make an assessment of the potential merits of bringing forward legislative proposals to require courts to abide by domestic law over (a) policies promoted by UN agencies and (b) non-legally binding international agreements.

As the Prime Minister has said, it is Parliament that enacts the law on immigration, and it is Government that makes the policy (Official Report, column 249). It is an enduring strength of our democracy that when judges apply the law, they decide cases impartially, independently, and free from any external or political influence or pressure. There is a robust appellate system to deal with matters arising from a decision.

If she will take steps to ensure that biological males who identify as female are not housed in women’s prisons.

We take the allocation of transgender prisoners very seriously. It is right that there are safeguards in place to protect the safety of vulnerable women, and well over 90% of transgender women in custody are held in men’s prisons.Transgender women who have committed sexual or violent offences, or who retain birth genitalia, will not be held in general women’s estate, other than on an exceptional basis where experts have a high level of confidence that they pose a low risk to other prisoners.