9 Mar 2026·Ministry of Justice·Answered
AskedWhether he has made an assessment of the potential merits of (i) requiring administrators and executors of estates to file a copy of the estate accounts with the Probate Registry and (ii) creating a central registry of wills.
ReplyPersonal representatives (the umbrella term for anyone legally responsible for administering a deceased person’s estate) have a statutory duty to administer the estate lawfully. They must act in beneficiaries’ best interests and keep clear, separate estate accounts as a matter of good practice. Accurate records are essential because the court may require, sworn on oath, a full inventory of the estate and a detailed account of the administration. Any interested party can apply for such an order, enabling scrutiny of how the estate has been managed and informing whether further action against the personal representative is appropriate.The Government is not aware of any problems with personal representative accountability mechanisms and has no plans to change them.There is no compulsory will registration system in England and Wales, though testators may voluntarily register a will with certain public or private bodies. The Principal Registry offers a public scheme allowing wills to be deposited and stored for a £23 fee, with a certificate issuedThe Law Commission considered compulsory registration as part of their review of the Law of Wills but concluded it would add unnecessary complexity to the will‑making process as well as raise uncertainty over the validity of unregistered wills, including reduced flexibility for testators making wills near death.
9 Mar 2026·Ministry of Justice·Answered
AskedWhat steps he is taking to ensure that estates are distributed to beneficiaries within a reasonable timeframe after probate has been granted.
ReplyThere is no maximum time limit in which personal representatives must distribute an estate after probate has been granted.A personal representative is under a statutory duty to administer the deceased person’s estate according to the law and without undue delay. He or she must safeguard the estate and, with due diligence, collect and realise the assets, pay the deceased person’s debts, and distribute the legacies and the residue of the estate to the beneficiaries entitled in accordance with the will. Personal representatives can be held liable if they mis-administer the estate.There are legitimate reasons why it may take time to fully distribute an estate. For example, it may require the sale of a property, the settling of tax issues or administering assets outside of the UK. Other reasons that personal representatives may delay the distribution of the estate include waiting out the time limit for family provision claims under the Inheritance Act 1975 and for creditors to bring claims against the estate.If beneficiaries have concerns about the administration of the estate, they can make an application to the court to compel a personal representative to provide an inventory and account of their administration of an estate. In addition, applications can be made to remove and replace a personal executive where there are grounds to do so.
29 Aug 2025·Ministry of Justice·Answered
AskedHow many trials have adjourned as a result of contractors failing to deliver prisoners to trial in the last year.
ReplyThe question has been interpreted to mean ineffective trials that do not start on their intended start date and need rescheduling. Trials can become ineffective for many reasons, owing to the action or inaction of the parties, or of the courts. Delays or failures to bring prisoners to court are one such reason.Data on trial effectiveness at the criminal courts, by reason for ineffectiveness, is published as part of the Criminal court statistics quarterly series.Applying the “reason” filter in the pivot table in Trial Effectiveness at Criminal Courts document enables the reader to select reasons why trials have been ineffective. Tab 14 shows instances where the defendant’s not having been produced by prisoner escort and custody services led to an ineffective trial. This includes all instances where a prisoner was not produced on time, regardless of whether the contractor was at fault. The most recent publication can be accessed via the following link: https://www.gov.uk/government/statistics/criminal-court-statistics-quarterly-january-to-march-2025.
29 Aug 2025·Ministry of Justice·Answered
AskedWhether her Department imposes fines on private prisoner escort contractors for delays in journeys longer than 100 miles.
ReplyFinancial penalties, known as “service credits,” are applied to Prisoner Escort and Custody Service (PECS) suppliers on any occasion where a courtroom delay has occurred because of failure by the contractor.Some individual journeys where the straight-line distance is more than 100 miles may be regulated by an ‘agreed time protocol’, agreed in advance. These protocols are an explicit agreement between the PECS supplier, the court and the prison that the prisoner will be delivered by a specified time, instead of by the usual time of 10am. If the supplier delivers the prisoner in compliance with the protocol, no service credits are applied.Where there is no agreed time protocol, the supplier will be liable to pay service credits if there is evidence that it was responsible for a failure to deliver on time.
29 Aug 2025·Ministry of Justice·Answered
AskedWhat estimate she has made of the number of criminal cases that have collapsed due to (a) lost, (b) missing and (c) damaged evidence in the last year.
ReplyThe Ministry of Justice does not hold information on the number of criminal cases that have collapsed due to lost/missing or damaged evidence.
29 Aug 2025·Ministry of Justice·Answered
AskedWhen the legal aid portal will reopen.
ReplyWe expect that services will be restored from early September, as part of a phased return. This is subject to testing, security and legal criteria being met.The Legal Aid Agency (LAA) has written to representative bodies and providers to update them that the Portal will be replaced by a new, secure single sign-in tool for LAA online services (SiLAS). This has been subject to testing by a small pilot group throughout August.The expected phased restoration is as follows:In mid-September, Crime systems (Crime Apply, and Submit a Crime Form) will be available for access.From mid to late September, Civil systems (Civil Apply, and the Client and Cost Management System (CCMS)) will be available for access.Services relating to functionality previously provided by the Controlled Work Administration (CWA) system are expected to return from October.The LAA continues to engage with representative bodies to help shape the steps to service restoration in a way which supports legal aid providers most effectively. Regular updates are being provided to providers and further information will be published on GOV.UK closer to the go live date. In the meantime, the LAA continues to publish information and updates about SiLAS on its FAQ page: Legal Aid Agency cyber security incident: frequently asked questions - GOV.UK.
29 Aug 2025·Ministry of Justice·Answered
AskedIf she will consider the introduction of mandatory autism awareness training for staff working in (a) HM Courts and Tribunals Service, (b) the police and (c) other areas of the criminal justice system.
ReplyThe Ministry of Justice recognises the importance of training and delegates responsibility for determining specific training needs to individual operational bodies. While autism awareness training is not currently mandatory, agencies across the justice system have the discretion to introduce such training based on operational requirements.For example, His Majesty’s Prison and Probation Service (HMPPS) provides access to a Diversity and Inclusion Learning Hub for all staff, as well as a Neurodiversity Line Managers’ Handbook to support understanding of neurodiverse conditions.Any proposal to introduce mandatory autism awareness training within the Ministry of Justice would be subject to its Mandatory Learning Governance Process, which ensures consistent and robust decision-making through engagement with subject matter experts.The Home Office is the Department with oversight of policing in England and Wales and is best placed to provide detailed information regarding autism training within police forces.
16 Jul 2025·Ministry of Justice·Answered
AskedWhat recent assessment she has made of the adequacy of the performance of (a) Serco and (b) GeoAmey PECS under the prisoner escort and custody service contract.
ReplyIt is recognised that there are many factors that can lead to trials being delayed, and that the efficient running of the criminal justice system requires a whole-system approach.Over the three months March to May 2025, GEOAmey, the PECS supplier in the north, escorted 45,632 prisoners to court. There were 11 instances of delay in arrival for which PECS was responsible, and nine instances where failure to staff a court resulted in a delay. The overall performance rating was 99.96%.In the south, during the same period, Serco escorted 41,052 prisoners to court and were found responsible for 51 instances of delay in arrival. There were also 19 instances of failure to staff a court leading to a delay. The overall performance rating was 99.83%.
16 Jul 2025·Ministry of Justice·Answered
AskedWhat assessment she has made of trends in the level of cases awaiting trial at Truro Crown Court in the last 12 months.
ReplyThis Government inherited a record and rising courts backlog. We have funded a record-high allocation of Crown Court sitting days – 110,000 days this financial year, 4,000 more than the previous Government – to tackle the outstanding caseload.However, the scale of the challenge is beyond what increasing sitting days alone can achieve.This is why we commissioned Sir Brian Leveson to undertake an Independent Review of the Criminal Courts to consider the merits of longer-term reform and the efficiency of processes in the criminal courts. We will carefully consider Sir Brian’s proposals in more detail before setting out the Government’s full response to the report in the autumn.At the end of March 2025 there were 373 open cases at Truro Crown Court. 328 of these were "for trial" cases, up from 191 the previous year.Truro continues to maximise the use of Crown Court estate to increase the number of cases sat. In June 2025 Crown Court appeals were heard at Truro magistrates’ court to reduce the appeal backlog, whilst also maintaining trials at Truro Crown Court.Further information regarding caseload trends can be found in the published statistics which can be found here: Criminal court statistics quarterly: January to March 2025 - GOV.UK
16 Jul 2025·Ministry of Justice·Answered
AskedWhen the number of sitting days at Truro Crown Court will be increased.
ReplyThis Government inherited a record and rising courts backlog. We have funded a record-high allocation of Crown Court sitting days – 110,000 days this financial year, 4,000 more than the previous Government – to tackle the outstanding caseload.As part of our commitment to bearing down on the caseload we have increased magistrates’ court sentencing powers from 6 months to 12 months’ imprisonment for a single triable-either way offence. This will free up capacity in the Crown Court, ensuring it is reserved for the more serious and complex cases.However, the scale of the challenge is beyond what increasing sitting days alone can achieve.This is why we commissioned Sir Brian Leveson to undertake an Independent Review of the Criminal Courts to consider the merits of longer-term reform and the efficiency of processes in the criminal courts. We will carefully consider Sir Brian’s proposals in more detail before setting out the Government’s full response to the report in the autumn.Over the past two years, Truro Crown Court has experienced a significant increase in receipts, rising by 56% (from 477 to 746 cases), a figure that surpasses the 28% increase seen in England and Wales. This growth reflects the increasing demand on the judicial system in the region.Truro continues to maximise the use of Crown Court estate to increase the number of cases sat. In June 2025, Crown Court appeals were heard at Truro magistrates’ court to reduce the appeal backlog, whilst also maintaining trials at Truro Crown Court.
16 Jul 2025·Ministry of Justice·Answered
AskedWhat steps she is taking to reduce the backlog of cases at Truro Crown Court.
ReplyThis Government inherited a record and rising courts backlog. We have funded a record-high allocation of Crown Court sitting days – 110,000 days this financial year, 4,000 more than the previous Government – to tackle the outstanding caseload.As part of our commitment to bearing down on the caseload we have increased magistrates’ court sentencing powers from 6 months to 12 months’ imprisonment for a single triable-either way offence. This will free up capacity in the Crown Court, ensuring it is reserved for the more serious and complex cases.However, the scale of the challenge is beyond what increasing sitting days alone can achieve.This is why we commissioned Sir Brian Leveson to undertake an Independent Review of the Criminal Courts to consider the merits of longer-term reform and the efficiency of processes in the criminal courts. We will carefully consider Sir Brian’s proposals in more detail before setting out the Government’s full response to the report in the autumn.Over the past two years, Truro Crown Court has experienced a significant increase in receipts, rising by 56% (from 477 to 746 cases), a figure that surpasses the 28% increase seen in England and Wales. This growth reflects the increasing demand on the judicial system in the region.Truro continues to maximise the use of Crown Court estate to increase the number of cases sat. In June 2025, Crown Court appeals were heard at Truro magistrates’ court to reduce the appeal backlog, whilst also maintaining trials at Truro Crown Court.
16 Jul 2025·Ministry of Justice·Answered
AskedWhat contract management procedures are in place for prisoner escort contracts.
ReplyThe contracts for supply of services to the Prisoner Escort and Custody Service (PECS), which is part of HM Prison and Probation Service (HMPPS), are overseen by a specialist team, which monitors supplier performance against contractual obligations, works closely with suppliers to address any issues, and applies appropriate commercial levers and financial remedies should this be necessary. It reports quarterly to Ministers.In addition to initiatives to improve outcomes at a local level, HMPPS collaborates with criminal justice partners through the Strategic Partnership Board. The board includes representatives from His Majesty’s Courts and Tribunals Service, the police, and PECS suppliers. Its core objective is to ensure that prisoners are delivered to court on time, and that courts are prepared for their arrival, supporting a timely start to the court’s business day.
16 Jun 2025·Ministry of Justice·Answered
AskedHow many people in prison convicted under joint enterprise law have autism.
ReplyThe Ministry of Justice does not collect centrally information on whether a person in prison has autism, or whether their conviction related to joint enterprise.
11 Jun 2025·Ministry of Justice·Answered
AskedWhether she has reviewed the effectiveness of legislation relating to joint enterprise.
ReplyJoint enterprise is a complex area of law which is not set out in statute but evolves through case law. It is an important principle ensuring that those who act with others to commit crimes are held to account.The Government is aware of concerns about the use of joint enterprise, and understands its importance, particularly in terms of the consequences that can result from convictions. The Crown Prosecution Service is collecting data on joint enterprise homicide/attempted homicide cases and will publish a report later this year. In addition, the Law Commission review of criminal appeals is considering the “out of time” appeals process which is an issue of relevance to historic joint enterprise cases decided before the 2016 case of Jogee.
8 Apr 2025·Ministry of Justice·Answered
AskedWhat data her Department holds on the number of civil legal aid firms in Truro and Falmouth for each year data is available.
ReplyData regarding the number of civil legal aid providers in Truro and Falmouth is set out in the below table:YearFalmouthTruro2011 82012 42013 82014 62015 62016 52017 92018 10201915202015202115202215202315202416202517 The Legal Aid Agency (LAA) is responsible for commissioning legal aid services in England and Wales. The LAA monitors the numbers of providers in each procurement area and across all categories of law. It takes operational action to respond to market pressures that may arise and works closely with the Ministry of Justice on policy solutions concerning the supply of legal aid. For civil contracts, the LAA aims to ensure supply across designated procurement areas, as opposed to specific towns or counties. The procurement areas may be different for different categories of law and the LAA aims to ensure the commissioning standard for each procurement area in each category of law is met throughout the life cycle of its contracts. The commissioning standard for the Southwest, which encompasses Truro and Falmouth, is currently met across all categories. Generally, the LAA has changed its approach to commissioning for legal aid services. Procurement for legal aid contracts is now operated under the ‘always on principle’ so that the procurement remains open during the life of the contract. This is a significant change from the previous approach where firms could only bid to join at the initial tender of what typically was a five-year contract term. This new approach enables new entrants to apply for a contract at any time and for existing providers to expand their services. It is a more flexible approach, removing hard deadlines and maximising the available supply of services. Further, the Ministry of Justice has undertaken a comprehensive review of civil legal aid and recently concluded a consultation on uplifts to housing & debt and immigration & asylum legal aid fees, which when implemented, would inject an additional £20 million into the sector each year. We are currently reviewing consultation responses and will publish the Government’s response in due course.
8 Apr 2025·Ministry of Justice·Answered
AskedWhat steps she has taken to increase provision of legal aid in the south west of England.
ReplyData regarding the number of civil legal aid providers in Truro and Falmouth is set out in the below table:YearFalmouthTruro2011 82012 42013 82014 62015 62016 52017 92018 10201915202015202115202215202315202416202517 The Legal Aid Agency (LAA) is responsible for commissioning legal aid services in England and Wales. The LAA monitors the numbers of providers in each procurement area and across all categories of law. It takes operational action to respond to market pressures that may arise and works closely with the Ministry of Justice on policy solutions concerning the supply of legal aid. For civil contracts, the LAA aims to ensure supply across designated procurement areas, as opposed to specific towns or counties. The procurement areas may be different for different categories of law and the LAA aims to ensure the commissioning standard for each procurement area in each category of law is met throughout the life cycle of its contracts. The commissioning standard for the Southwest, which encompasses Truro and Falmouth, is currently met across all categories. Generally, the LAA has changed its approach to commissioning for legal aid services. Procurement for legal aid contracts is now operated under the ‘always on principle’ so that the procurement remains open during the life of the contract. This is a significant change from the previous approach where firms could only bid to join at the initial tender of what typically was a five-year contract term. This new approach enables new entrants to apply for a contract at any time and for existing providers to expand their services. It is a more flexible approach, removing hard deadlines and maximising the available supply of services. Further, the Ministry of Justice has undertaken a comprehensive review of civil legal aid and recently concluded a consultation on uplifts to housing & debt and immigration & asylum legal aid fees, which when implemented, would inject an additional £20 million into the sector each year. We are currently reviewing consultation responses and will publish the Government’s response in due course.
8 Apr 2025·Ministry of Justice·Answered
AskedHow many civil legal aid offices with a civil legal aid contract started zero cases by each (a) local authority and (b) area of law in the (i) 2022-23, (ii) 2023-24 and (iii) 2024-25 financial year.
ReplyRegarding the number of civil offices starting zero cases, I refer the honourable Member to the answer I gave on 11 March to Question 35876.The number of civil legal aid offices with a civil legal aid contract which started fewer than 10 cases can be found in the attached table.
8 Apr 2025·Ministry of Justice·Answered
AskedHow much funding the Government has allocated to legal aid in England and Wales in each financial year since 2010.
ReplyThe previous Government left the legal aid system under significant strain following years of neglect. This Government has begun to put legal aid back on a sustainable footing by investing up to £92 million in addition per year by the end of this Parliament in criminal legal aid and £20 million additional each year in immigration and housing legal aid. We have also announced our response to the Crime Lower consultation from 2024. That confirmed we are uplifting the lowest police station fees, introducing a new Youth Court fee scheme, and paying for travel time in certain circumstances. Together, these changes will provide a £24 million boost for criminal legal aid providers. The Lord Chancellor has a duty to ensure that legal aid is made available in accordance with the Legal Aid, Sentencing and Punishment of Offenders Act 2012, for cases where the relevant eligibility criteria are met. The Ministry of Justice works within HM Treasury allocations as shown in the Main and Supplementary Estimates (https://www.gov.uk/government/collections/hmt-main-estimates) each year. However, the nature of legal aid funding means that it is demand led, and as such the Ministry of Justice ensures sufficient allocation is made to cover the incurred costs. Legal aid expenditure since 2010 is published as part of the Legal Aid Agency’s official statistics. The most recent publication can be viewed here, and includes expenditure up to 31 December 2024.
8 Apr 2025·Ministry of Justice·Answered
AskedHow many civil legal aid offices with a civil legal aid contract started less than 10 cases by each (a) local authority and (b) area of law in the (i) 2022-23, (ii) 2023-24 and (iii) 2024-25 financial year.
ReplyRegarding the number of civil offices starting zero cases, I refer the honourable Member to the answer I gave on 11 March to Question 35876.The number of civil legal aid offices with a civil legal aid contract which started fewer than 10 cases can be found in the attached table.
8 Apr 2025·Ministry of Justice·Answered
AskedHow many civil legal aid firms there were in Cornwall in each year for which data is available.
ReplyThe information requested can be found in the below table:201068201168201285201384201478201584201686201784201877201981202081202182202276202370202475202573 The Legal Aid Agency (LAA) is responsible for commissioning legal aid services in England and Wales. The LAA monitors the numbers of providers in each procurement area and across all categories of law. It takes operational action to respond to market pressures that may arise and works closely with the Ministry of Justice on policy solutions concerning the supply of legal aid. For civil contracts, the LAA aims to ensure supply across designated procurement areas, as opposed to specific towns or counties. The LAA aims to ensure each procurement area in each category of law has at least the minimum amount of contracts to ensure adequate provision. The commissioning standard for the Southwest, which encompasses Cornwall, is currently met across all categories.