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DEPARTMENTAL OVERVIEW 2019
MINISTRY OF JUSTICE
MARCH 2020
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This overview summarises the work of the Ministry of Justice including what it does,
MINISTRY OF JUSTICE
how much it spends, recent and planned changes, and what to look out for
across its main business areas and services.
Bookmarks and Contents
Overview CONTENTS
About the Ministry of Justice
How the Ministry is structured and its place within the criminal justice system
Where the Ministry spends its money
Major programmes and developments
Exiting the European Union
Managing public money
p a g e 3 OV E R V I E W
– About the Ministry of Justice
10 17
The Ministry is facing a range of cost pressures
PA R T [ 01] PA R T [ 0 3 ]
Part [01] – Services under strain – H ow the Ministry is structured and its place page – Services under strain page – What to look out for
Courts
within the criminal justice system
Prisons
Prisons continued
Prisons continued – Where the Ministry spends its money
– Major
Part [02] – Financial and operational sustainability programmes
depends on and
the successful delivery of developments
reforms
Courts – Exiting the European Union
Courts continued PA R T [ 0 2 ]
Managing public money
14
Probation and prisons
– – F inancial and operational
– T he Ministry is facing a range of page sustainability depends on the
Part [03] – What to look out for
cost pressures successful delivery of reforms
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OVERVIEW D E PA R T M E N TA L O V E R V I E W 2 019 [ M o J ]
– About the Ministr y of Justice
The Ministry of Justice (the Ministry) is the
lead government department responsible for The Ministry set out its vision, priorities and planned outcomes in its 2019–2022 Single Departmental Plan
the justice system in England and Wales.
With support from 39 public bodies, the
Ministry is responsible for administering:
Vision A justice system that builds a better society, supports a growing economy and protects the public
• courts and tribunals (in partnership with
the independent judiciary);
• prisons;
• Improve the way that people are supported in their interactions • Provide decent, secure accommodation for offenders, and reduce
• probation services; and with the justice system. levels of violence and self-harm.
• other services to help victims of • Protect and uphold the rule of law. • Reduce the use of prison and increase the use of community
crime, children, vulnerable people and alternative sentences.
• Build strong future relationships with Europe and the rest of
and those seeking access to justice,
Strategic the world, secure legal services market access overseas, and • Build confidence and trust in an effective probation system.
including legal aid. create the conditions for the UK’s domestic legal services 3
priorities
market to flourish. • Work with our partners across government to address the
The Lord Chancellor and Secretary of causes of reoffending while offenders are in custody and in
State for Justice oversees all Ministry • Modernise the procedures and infrastructure of our courts the community.
of Justice business and is supported and tribunals.
by two ministers of state and two
• Lead an effective and coordinated criminal justice system.
parliamentary under‑secretaries.
Access to justice A flourishing legal A transparent and Decent and Public protection Reduced
services sector efficient court safe prisons reoffending
People are able system The public are
to access justice The legal services Prisons are protected from Life-chances for
System in a way that best sector flourishes The courts system decent, safe and harm caused by offenders are
outcomes meets their needs. and continues to is efficient and productive places offenders. improved and rates
contribute to the cases are resolved to live and work. of reoffending
UK’s economy. in a timely way. are reduced.
This is a chart showing The Ministry set out its vision, priorities and planned outcomes in its 2019–2022 Single Departmental Plan
OVERVIEW D E PA R T M E N TA L O V E R V I E W 2 019 [ M o J ]
– How the Ministr y is structured and its place within the criminal justice system
The Ministry delivers its objectives through a number of public bodies covering criminal, civil and family justice systems in England and Wales.
• HM Courts & Tribunals Service is responsible for the • The Criminal Injuries Compensation Authority deals • The Office of the Public Guardian is responsible for
administration of criminal, civil and family courts and with compensation claims from people who have been supervising the financial affairs of people who lack the
tribunals in England and Wales and non-devolved physically or mentally injured because they were the victim mental capacity for making decisions.
tribunals in Scotland. of a violent crime in England, Scotland or Wales.
• The Parole Board is an independent body that carries out
• HM Prison & Probation Service carries out sentences • The Legal Aid Agency funds civil and criminal legal aid and risk assessments on prisoners to determine whether they
given by the courts, in custody and the community, advice in England and Wales. can be safely released into the community.
and rehabilitates people in its care through education
• The Children and Family Court Advisory and Support
and employment.
Service is a body independent of the courts which
• The Youth Justice Board oversees the youth justice represents children in family court cases in England.
system in England and Wales.
The Ministry of Justice works with a number of other government bodies across the criminal justice system in England and Wales
4
Offence/arrest Charge and prosecution Trial and hearing Sentencing Post-sentencing
Home Office Attorney General’s Office Ministry of Justice
Criminal Injuries
40 Police and HM Courts & HM Prison & Youth Justice
Crown Prosecution Service Compensation
Crime Commissioners1 Tribunals Service Probation Service Board
Authority
Magistrates’ Crown
43 Police Forces Serious Fraud Office Prisons Probation
Courts Courts
Youth National 21 Community
National Crime Agency Legal Aid Agency Custody Probation Rehabilitation
Services Service Companies
Stage of the process Home Office and related parties Attorney General’s Office and related parties Ministry of Justice and related parties
Notes
1 Greater Manchester Police, Metropolitan Police and the City of London Police do not have Police and Crime 2 A separate Departmental Overview is available on the Home Office.
Commissioners. In these areas, Mayors and Metro Mayors have authority over the police.
Source: National Audit Office
The Ministry of Justice works with a number of other government bodies across the criminal jua flowchart showing stice system in England and Wales
A chart showing Where the Ministry spends its money
OVERVIEW D E PA R T M E N TA L O V E R V I E W 2 019 [ M o J ]
– Where the Ministr y spends its money
xThe Ministry of Justice’s (the Ministry’s)
total expenditure in 2018-19 was Probation, £996m
£10.3 billion. It generated income Income – £15m
Prisons, £3,085m
of £1.8 billion, reducing the overall Income – £210m
cost to the taxpayer to £8.4 billion. Support services, £157m
Income – £7m
Income – Courts &
Tribunals fees, £738m
HM Prison & Probation Service, £4,406m
(Prisons, probation and support services
are only a subset)
Income – £316m
Legal Services Board (net), £4m
Total Ministry expenditure
Income Criminal Cases Review
5
Commission (net), £5m HM Courts & Tribunals Service,
Central service expenditure
£1,935m
Public bodies expenditure Income – £103m
Judicial Appointments
Executive non‑departmental Commission (net), £7m Total
public bodies expenditure Ministry of Justice
Other expenditure gross expenditure
£10.3bn Legal Aid Agency, £1,772m
Notes
Office for Legal Complaints Income – £57m
1 Figures include resource and capital spending in
Departmental Expenditure Limits (DEL). (net), £13m
2 Figures for the HM Prison & Probation Income
Service breakdown includes only Resource
£1.8bn
Departmental Expenditure Limits (RDEL)
or day‑to‑day spending. Parole Board (net), £17m Policy, corporate services
3 The Ministry receives income from a combination and associated offices, £1,557m
of fees (for example, for courts processing Income – £474m
divorce or probate claims), fines and recoveries
from other government departments.
Office of the Public Guardian, £66m
4 The Ministry also receives levy income of Higher Judiciary judicial salaries, £154m
Income – £78m
£16 million in relation to the Legal Services Board
and the Office for Legal Complaints. Criminal Injuries Compensation Authority, £143m
Youth Justice Board (net), £85m
5 The individual accounts of each organisation will Income – £21m
not necessarily reconcile to the figures shown
here due to adjustments made in consolidating Children and Family Court Advisory
the group accounts. and Support Service (net), £120m
6 Figures do not add due to rounding.
Source: National Audit Office analysis of Ministry of Justice Annual Report and Accounts 2017-18
OVERVIEW D E PA R T M E N TA L O V E R V I E W 2 019 [ M o J ]
– Major programmes and developments
In September 2018, nine of the Ministry’s 12 projects on the Government Major
The Ministry is managing Projects Portfolio (GMPP) were considered to be at risk
a number of major
programmes including: The Infrastructure and Projects Authority provides a Delivery Confidence Assessment
for all projects on the GMPP. This is an evaluation of each project’s likelihood of
achieving its aims and objectives on time and on budget, using a five-point scale:
HM Courts & Tribunals from Green (successful delivery highly likely) to Red (successful delivery of the project
Service (HMCTS) The Prison Estate appears to be unachievable).
Reform Programme Transformation
Green
Programme
Probation 0 project
Programme
Amber-Green Red
3 projects 1 project
In 2016, HMCTS set up Launched to take forward In 2016, the Ministry Electronic Monitoring Transforming Compliance
Enforcement Programme
a £1.2 billion portfolio the structural changes planned to replace Future IT Sourcing (cancelled in September 2018)
6
Programme
of change programmes required following the 10,000 old prison places
to reform and upgrade early termination of the with new fit-for-purpose Prison Education
Programme
the justice system by Community Rehabilitation accommodation by 2020.
2023. Reforms include Company contracts The Ministry expected
modernising infrastructure, in 2021. Transforming the programme to cost Amber
rationalising the court Rehabilitation: Progress £1.3 billion. Improving the 1 project Amber-Red
estate and providing review (March 2019) prison estate (February
Youth Justice 7 projects
flexible, modern services set out the reasons 2020) described the Reform Programme
to the court user. for the termination of these progress made by the Criminal Justice System Common Platform
Transforming courts and contracts (see page 16). programme. HM Courts & Tribunals Service (HMCTS) Facilities
Management Re-procurement
tribunals – a progress
update (September 2019) In August 2019, the HM Courts & Tribunals Service Reform
found that HMCTS had government announced Ministry of Justice Future Facilities Management
made good progress a new programme of Prison Estate Transformation Programme
in transforming some up to £2.5 billion that
Prison Escort and Custody Services
services but the scope will “fund modern and
Probation Programme
of the changes had efficient prisons” and
Notes
been scaled back and create an additional 10,000
1 In early 2019 HMCTS revised its Reform programme, integrating the crime (Common Platform) programme.
implementation had been new prison places by
2 In August 2019 the Prison Estate Transformation Programme was superseded by a government
delayed (see page 14). “the mid‑2020s”. announcement for 10,000 new prison places.
Source: National Audit Office review of Government Major Projects Portfolio data, published July 2019
A pie chart showing In September 2018, nine of the Ministry’s 12 projects on the Government Major Projects Portfolio (GMPP) were considered to be at risk
OVERVIEW D E PA R T M E N TA L O V E R V I E W 2 019 [ M o J ]
– E xiting the European Union
The United Kingdom’s (UK’s) government The Ministry’s main priorities Workstreams HM Treasury allocated £34.7 million
instructed departments to make for EU Exit set out in its Single As of April 2018, the Ministry had nine to the Ministry in 2019-20, to be
the necessary arrangements for Departmental Plan are to: active workstreams relating to policies spent on preparations for EU Exit.
Of this sum, £4.7 million was
European Union (EU) Exit. • build strong future relationships affected by leaving the EU.
allocated for operational readiness
with Europe and the rest of These covered understanding the and engagement with the legal
the world to support access impacts of EU Exit on the workload services sector.
to justice; of courts and tribunals, fundamental
• negotiate future arrangements rights issues related to EU Exit and
with the EU on civil and criminal legal services market access post‑EU
judicial cooperation; Exit. They also included the future
civil judicial cooperation with the EU
• strengthen international to enable clear rules on the handling
arrangements on civil judicial of cross-border disputes in civil,
cooperation; and commercial, insolvency and family 7
law matters.
• build strong future relationships
with Europe and the rest of the The Ministry states in its annual report
world, secure legal services 2018-19, that it has developed delivery
market access overseas and plans for a range of negotiated and
create the conditions for the contingency outcomes and is working
UK’s domestic legal services closely with other government
market to flourish. departments where there are
issues with significant cross-cutting
interest. For example, it is working
with: the Home Office on criminal
justice cooperation; the Department
for Business, Energy & Industrial
Strategy to prepare for negotiations
with the EU on the legal services
market; and with Department for
Exiting the European Union to ensure
that the needs and interests of the
Crown Dependencies are represented
across the UK’s negotiating positions.
OVERVIEW D E PA R T M E N TA L O V E R V I E W 2 019 [ M o J ]
– Managing public money
Spending Review t arget s The Ministr y’s per formance Investment for the future
The 2015 Spending Review set the Ministry two targets to Due in part to unanticipated increases in demand, the The 2015 Spending Review settlement included more than
meet by 2019-20: Ministry has been unable to meet its savings targets. £2 billion capital investment in the prison estate and courts
system to improve services and generate future savings.
• overall savings of 15%, including efficiencies in The Spending Review envisaged that the Ministry’s spending
the prisons and courts system; and would decrease each year from 2016-17 to 2019-20, whereas The Ministry’s budget for capital investment spending for the
actual spending has risen each year. In 2018-19, the Ministry financial year is agreed annually with HM Treasury. Each year
• spending 50% less on ‘back-office’ spent £1.4 billion more than set out in the Spending Review. from 2015-16 to 2018-19, the Ministry has (with agreement
administrative functions. from HM Treasury) transferred funding from its capital
The Ministry’s settlement in the 2019 Spending Round allocation to manage resource spending pressures.
The settlement was based around the Ministry being able includes a 4.9% increase in real terms to the Ministry’s
to better manage demand and raise additional revenue resource budget from 2019-20 to 2020-21. Of the £1.6 billion capital investment planned over the past
through services for which it charges a fee. four years, £0.6 billion has been reallocated in this way, and
thus has not been invested as originally intended. In addition,
Total Departmental Expenditure compared with the Spending Review estimate in the Autumn 2016 statement, £160 million was moved
£ billion
from capital to resource covering 2018-19.
8
9.0
8.0
Capital expenditure switched to resource expenditure
7.9 8.0 8.1 £ million
7.9
7.0 7.5
7.2 7.2 7.3 9,000
7.0
6.0 6.5 6.5
6.0
8,500
5.0
4.0 8,000
3.0
7,500
2.0
1.0 7,000
0
2015-16 2016-17 2017-18 2018-19 2019-20 (Planned) 2020-21 (Planned) 6,500
2015-16 2016-17 2017-18 2018-19 2019-20
Spending Review 2015 Departmental Expenditure Spending Round 2019 Departmental Expenditure Total Departmental Expenditure (planned)
Notes
1 Total Departmental Expenditure in this figure is defined as expenditure falling under the Ministry of Justice’s (the Ministry’s) departmental expenditure limits Resource
(DEL), both relating to Resource (RDEL) and Capital (CDEL). Switched
2 Figures have been adjusted to allow for depreciation to reflect presentation of figures in the Spending Review.
Capital
3 The 2019 Spending Round increased the Ministry’s RDEL spending by £2 billion compared with the 2015 Spending Review. CDEL was not revised.
Source: National Audit Office analysis of Ministry of Justice main and
Source: National Audit Office analysis of Ministry of Justice Annual Report and Accounts 2017-18 and Ministry of Justice’s settlement at the Spending Review 2015 supplementary estimates
a bar chart showing Total Departmental Expenditure compared with the Spending Review estimate. Then another bar chart showing Capital expenditure switched to resource expenditureOVERVIEW D E PA R T M E N TA L O V E R V I E W 2 019 [ M o J ]
– The Ministr y is facing a range of cost pressures
Maintenance backlog
The Ministry has had to request Demand for legal aid
increasingly large amounts The Ministry has calculated that there is a
The Legal Aid Sentencing and Punishment of Offenders Act 2012 introduced reforms to
£900 million backlog of major works to
of additional funding over the past reduce spending on legal aid by limiting the areas of law for which legal aid is available,
improve the fabric of its prison estate. The
three years and changing eligibility for legal aid support. Between 2010-11 and 2017-18 spend on
Ministry is planning to spend £433 million
legal aid had fallen by nearly £1 billion (35%) in real terms to £1.62 billion. The Ministry was
Due to unforeseen cost pressures, the on maintenance in 2019-20.
successfully challenged through judicial reviews in 2016 and 2017, forcing it to widen the
Ministry has had to request increases £ million
scope of legal aid funding. After a 10-year decline, demand for legal aid increased, resulting
on its initial budget allocations from 1,000
in the Ministry requesting an additional £136 million funding in 2018-19 to cover the shortfall.
HM Treasury.
900
800
Addtional funding £1,165m Judicial pensions
requested 700
The Ministry has been challenged several times over the pension rights of the judiciary.
600 In 2018, two key rulings have resulted in additional financial liabilities of £531 million to be
met by the Judicial Pension Scheme, and £66 million to be met by the Ministry.
500
900
9
400
150 Overcharging of fees: loss of future income and unexpected cost of fee refunds
300
The Ministry’s income from fees has reduced since 2017. The Supreme Court found that charging
200 176
employment tribunal fees was unlawful. There were other fees that were set above the cost of
100 providing the service or incorrectly charged, which have now been reduced.
107
£266m
52.2% 0
Backlog 2019-20 The Ministry has had to repay these fees. It has made a financial provision of £165 million
planned spending to cover repayments relating to all of these schemes, of which £29 million has been repaid
£99m
Additional committed funding to date.
Facilities management contract spend
Due to a delay in introducing new probate fees, the Ministry had to request an additional
Other spend £308 million to fund the shortfall.
2016-17 2017-18 2018-19 Backlog of major works
Note
1 In 2018 The Lord Chief Justice’s report also
Prison pay
suggested that there was a backlog of urgent
In November 2016, as a response to increasing levels of violence and security threats in
maintenance work in the courts estate,
but did not quantify the cost of the works. prisons, the Ministry launched a campaign to recruit an additional 2,500 prison officers.
Source: Letter regarding the Ministry In July 2019, the Lord Chancellor and Secretary of State for Justice stated that the Ministry
of Justice main estimate 2019-20 provided
to the Chair, Justice Committee, available at: had recruited an extra 4,700 prison officers since 2016, and also announced that the 2019 pay
www.parliament.uk/documents/commons- rise for prison staff was the highest consolidated increase for more than 10 years.
committees/Justice/020719-Richard-
Heation-MoJ-Main-Estimate%202019-20.pdf,
accessed 4 October 2019
a bar chart showing the maintainance backlogThis strategy is based around the vision of transforming our justice system, as set out by the framework partnership principals:
Fair Humane & Accessible Swift & Efficient Seamless
“It was fair – Responsive “I could get justice and “You didn’t waste my “The different bits
and it felt fair” it wasn’t complicated” time; your systems of the system fitted
PA R T [ 0 1 ] “You understood; you D E PA R T M E N TA L O V E R V I E W 2 019 [ M o J ]
treated me properly; you worked” together well for me”
listened”
– Ser vices under strain 1/4
Just Accessible Proportionate
Purpose Humanity Openness Together
– Courts
We are in the middle of a programme to invest over £1billon in transforming the courts and tribunal service, making the justice
system easier to access, convenient to use and more efficient to run.
This programme of reform, led in partnership by HMCTS and the judiciary, will: But complexity of cases is increasing The Ministry is experiencing difficulties maintaining a
• open up new ways to access justice that are more straightforward and convenient
• improve processes so they are simpler and available digitally, taking procedures out of the costly and inconvenient courtroom if
full complement of judiciary. Since 2014‑15, unfilled
In they
2018,don’t needHM Courts
to be done there & Tribunals Service handled 4.4 million Demand on the Crown Court system will be greater in vacancies have become a regular occurrence at
• close underused and inappropriate court buildings and reinvest that money elsewhere, and
•courts and
move gradually tribunal
to a smaller, centralisedcases.
workforce withAn increase
new skills and technology of 0.4themillion
to improve (11%)
quality, consistency and complex cases that have longer total hearing times. the High Court and there were 14 (out of 110)
efficiency of the service we provide.
since 2015. Sexual offences and drug offences, both of which are more High Court vacancies as at September 2018.
Criminal Courts Civil Courts Tribunals Family Courts
complex, increased their case share from 20.4% to 26.7%
between 2010 and 2016. This situation may worsen as judges retire. Half the
1,500,000 2,000,000 480,000 260,000
cases per year cases per year cases per year cases per year judiciary are over 60 years of age, whereas only 5%
Source: HM Courts & Tribunals Service Annual Report and Accounts 2018-19
Only a third of cases go ahead as planned in the Crown Court are under 40 years old.
Judges
A justice system designed in another age, not by or for the people and organisations we now serve.
Percentage of Crown Court trials that were effective, vacated,
Paper based systems & poor IT infrastructure, which drives over-reliance on physical hearings to move
cracked and ineffective, 2013 to 2018 (%)
Although the overall number of cases going through
cases forward. The result is to sink scarce resources into crumbling estate and manual processing instead
of good services.
theArcane
better dealt withhas
courts increased, the number of criminal cases
processes that are hard to administer & even harder to navigate. Court is used to solve issues
elsewhere.
100
50% 5%
is reducing
Resource and time allocation does not reflect the work being done – simple things can take a lot of time. 90
80
Over 60 years old Under 40 years old
Number of cases 70 10
2,000,000 60
14
50
The number of magistrates and judges has reduced
40
since 2014
30 Magistrates headcount Judges full-time equivalent
1,500,000
20 25,000 2,000
10
20,000
0 1,500
1,000,000 2013 2014 2015 2016 2017 2018
15,000
Effective trials Vacated trials 1,000
10,000
Cracked trials Ineffective trials
500
Source: National Audit Office analysis of HMCTS criminal court statistics 5,000
500,000
0 0
Apr Apr Apr Apr Apr Apr
Each year since 2013, approximately two thirds of all trials 2014 2015 2016 2017 2018 2019
listed in the Crown Court have not gone ahead as planned, Magistrates
0
around half of these were due to the case being vacated,
2015 2016 2017 2018 Salaried judges
which is where it becomes clear in advance that the case
Criminal Courts Civil Courts Tribunals Family Courts Fee-paid judges
is unlikely to go ahead as scheduled, and it is removed
Sources: HM Courts & Tribunal Service (HMCTS) Criminal Courts statistics Source: Judicial diversity statistics, 2019, Table 3
from the list. 10% of cases were ineffective and did not go
(quarterly), HMCTS Civil Courts statistics (quarterly), HMCTS Family Court
statistics (quarterly), HMCTS Tribunal Statistics (quarterly) ahead due to a failing of the defence, prosecution or court.
A bar chart showing that Although the overall number of cases going through the courts has increased, the number of criminal cases is reducing. Then another bar chart showing Only a third of cases go ahead as planned in the Crown Court. Thirdly, a line chart showing Only a third of cases go ahead as planned in the Crown CourtPA R T [ 0 1 ] D E PA R T M E N TA L O V E R V I E W 2 019 [ M o J ]
– Ser vices under strain 2 /4
– Prisons
Prison performance In 2018-19 the Chief Inspector Safety is still a major problem. Levels of
In 2019, 14% of prisons of Prisons issued three urgent Self-harm incidents and prisoner-on-
violence had increased in more than half
were rated as having
performance of serious
14% notifications, in HMPs Exeter, prisoner assaults were the measures
in which prisons performed most
the prisons inspected by HM Inspectorate
Bedford and Birmingham, of Prisons in 2018‑19. Safety in 22 of the
concern by HM Prison because he had... poorly overall – HM Prison & Probation
28 local and training prisons inspected in
& Probation Service, Service rated 86% of prisons as having
2018‑19 was considered ‘not sufficiently
the highest proportion ...significant concerns with performance of concern or serious
good’ or ‘poor’.
since ratings began. Serious concern regard to the treatment and concern for these measures.
conditions of prisoners”. Safety in local and training prisons
Rating measures
22 of the 28
86%
Annual prison performance ratings from 2014-15 to 2018-19
Percentage
Concern
80 Serious concern 11
Not sufficiently good
70 Poor
67
65
60
50 Incidents of self-harm and assaults in the 12 months ending September, 2013 to 2019
50 50
Number of incidents
40 42 70,000
34 33 60,000
30 61,461
50,000 53,076
24
20
21 21
40,000 43,105
14 38,270
10 12 13 12 13 30,000 33,829 33,222
30,817
3 7 8 8 28,233
5 20,000 24,761 25,094
23,240
0
19,054
2014-15 2015-16 2016-17 2017-18 2018-19 10,000 15,886
14,207
Serious concerns Concerns Acceptable Exceptional
0
Note
Sep 2013 Sep 2014 Sep 2015 Sep 2016 Sep 2017 Sep 2018 Sep 2019
1 Direct comparisons cannot be made to performance ratings in previous years as a new prison framework was
introduced in 2018-19 to assess prison performance. Self-harm incidents Assaults incidents
Source: National Audit Office analysis of HM Prison & Probation Service data Source: National Audit Office analysis of Safety in Custody statistics, 2013 to 2018
A bar chart showing Annual prison performance ratings from 2014-15 to 2018-19
. Another bar chart showing Incidents of self-harm and assaults in the 12 months ending September, 2013 to 2019PA R T [ 0 1 ] D E PA R T M E N TA L O V E R V I E W 2 019 [ M o J ]
– Ser vices under strain 3/4
– Prisons continued
In his 2019 Annual Report, the Chief Inspector of Prisons considered that “staff shortages The ‘Ten Prisons Project’ was announced in August 2018. It invested £10 million in
have been so acute that risks to both prisoners and staff were often severe, and levels of all targeted extra intervention and support in 10 prisons to allow the Ministry to assess those
types of violence had soared”. The Chief Inspector noted that there had been efforts to recruit initiatives which made the greatest contribution to tackling prison violence.
and train new prison officers, but that many prisons still lacked a fully experienced workforce.
A review of the project in August 2019 found that:
HM Inspectorate of Prisons found many inexperienced officers without the confidence to
challenge and motivate prisoners in their care.
Between March 2018 and In March 2019, 50% of prison The rate of assaults had fallen The percentage of positive results
12
March 2019, the number of prison officers had five of more years’ by 16%, from 42.9 to 36.1 per from random drug tests had dropped
officers increased by 7.6% (1,592) experience, compared with 94% 1,000 prisoners between June/ from 26.5% to 13.4% between
from 21,038 to 22,630. in March 2014. August 2018 and April/June 2019 August 2018 and March 2019.
The proportion of prisoners over 50 years old Change in prison population by age category since 2002, Age profile of prisoners,
Age profile of prisoners
has increased from 7% to 16% since March England and Wales March 2019, England and Wales
2002. Older prisoners can have additional
care needs but a joint report by HM
16% Prison population aged 50+ rose the most relative to 2002 Age Number Percentage
Percentage (%) 15–17 645 1%
Inspectorate of Prisons and the Care Quality +200
50+ 18–20 4,243 5%
Commission on social care in prisons found:
• gaps in the provision of services for
7% +150
21–24 9,834 12%
+10
older prisoners; 25–29 14,902 18%
40–49
+50
• wide variations across the prison 30–39 30–39 25,218 30%
estate; and 0
21–29 40–49 14,862 18%
-50 15–20
• little evidence that prisons were 50–59 8,616 10%
adequately prepared for the continued SINCE
-100
60+ 6%
4,943
growth in the elderly prison population. Over 50 years MAR 2002 2005 2008 2011 2014 2017
Total 83,263
2002 Source: House of Commons, briefing paper, UK Prison Population Statistics, July 2019.
Available at: https://researchbriefings.files.parliament.uk/documents/SN04334/SN04334.pdf
A line chart showing Change in prison population by age category since 2002, E ngland and Wales, plus a bar chart showing Age profile of prisoners,
March 2019, England and WalesPA R T [ 0 1 ] D E PA R T M E N TA L O V E R V I E W 2 019 [ M o J ]
– Ser vices under strain 4/4
– Prisons continued Improving the prison estate (February 2020) reported that the Ministry may need new prison places from between October 2022 and June 2023. based on
planned recruitment of 20,000 police officers. In august 2019, it announced plans to build a further 10,000 prison places and has not yet announced a timetable.
Almost 60% of prison
establishments (69 out The Ministry of Justice’s (the Ministry’s) modelling of potential future police charging scenarios to understand
1
of 117) were classified demand for prison places, against the forecast maximum operational capacity of the estate
as overcrowded
HM Prison & Probation Service (HMPPS) may need new prison places from between October 2022 and June 2023
in August 2019.
These prisons held Forecast prison population (000)
8,000 more prisoners 100
than the normal 98
accommodation
96
levels expected. October 2022 to June 2023
94
Period in which demand for
prison places may exceed supply
92
90
13
88
86
84
82
80
Feb-2021
May-2021
Aug-2021
Nov-2021
Nov-2022
Feb-2022
May-2022
Aug-2022
May-2024
Aug-2024
Feb-2023
May-2023
Aug-2023
Nov-2023
Nov-2024
May-2027
Aug-2027
Nov-2027
Feb-2024
Feb-2025
May-2025
Aug-2019
Nov-2019
Feb-2020
May-2020
Aug-2020
Nov-2020
Aug-2025
Nov-2025
Feb-2026
May-2026
Aug-2026
Nov-2026
Feb-2027
Feb-2028
Nov-2028
Feb-2030
May-2029
Nov-2029
Feb-2019
Aug-2029
Nov-2018
May-2019
May-2028
Aug-2028
Feb-2029
Aug-2018
High scenario Central scenario Low scenario Operational capacity Baseline population
Notes
1 HMPPS’s forecast maximum operational capacity assumptions include accommodation 4 The Ministry’s model assumes that police recruitment commenced in September 2019 and
coming out of use for planned maintenance projects, its assumptions around the onboarding that new officers would be recruited in annual cohorts over three years: 30% in the first year;
of new prisons, prison constructions approved by HM Treasury and projected losses of 500 40% in the second year; and 30% in the third year.
places per year due to deterioration in the estate. It does not reflect new places from the 5 HMPPS’s population baseline is what it would expect to occur without the recruitment of an
government’s recent commitment to create an additional 10,000 prison places. additional 20,000 police officers. This forecast assumes a 50% probability that the prison
2 HMPPS’s forecast maximum operational capacity does not include its operational ‘buffer’ population will be higher than this level.
comprising 1,500 places reserved to absorb short-term increases in the prison population 6 HMPPS modelled a range of scenarios for the impact of police recruitment. These assume
and facilitate maintenance work. low, central and high rates of police charges and with the existing mix of criminal offences
3 This figure represents the results of the Ministry’s analysis carried out on behalf of HMPPS brought to charge.
in September 2019 to inform operational planning. We did not audit the Ministry’s analysis.
Source: National Audit Office analysis of Ministry of Justice and HM Prison & Probation Service data
A line chart showing The Ministry of Justice’s (the Ministry’s) modelling of potential future police charging scenarios to understanddemand for prison places, against the forecast maximum operational capacity of the estate1PA R T [ 0 2 ] D E PA R T M E N TA L O V E R V I E W 2 019 [ M o J ]
– Financial and operational sustainabilit y depends on the successful deliver y of reforms 1/3
– Courts
In 2016, HM Courts & Tribunals Service (HMCTS) launched
an ambitious portfolio of reforms. It aimed to modernise the Progress with the reforms
justice system, reduce complexity and provide new ways for
people to engage by introducing new technology, moving
activity out of courtrooms and introducing digital channels for
people to access services. The Ministry expects the reform People can now access services, such as divorce and probate, through simpler
programme to reduce the annual running costs of the courts online routes.
and tribunals service by £244 million from 2024-25 onwards.
Savings will be made by reducing property and staff costs,
and increasing judicial efficiency.
Not all planned services have been delivered. HMCTS fully completed 78% of
planned milestones for the second stage of reform.
14
Transforming courts and tribunals:
progress update (September 2019)
Stakeholders surveyed by HMCTS remained concerned with its transparency
and openness.
This follow-up report to Early progress in
transforming courts and tribunals (May 2018) found
that, around halfway through its reform programme,
HMCTS is still behind schedule and has had to scale
HMCTS has reduced the scope of the reforms by cancelling two projects and has
back its ambitions and lower its forecast of future
extended the timetable by a year to 2023.
savings. The timescale and scope remain ambitious
and HMCTS must manage the tension in delivering
at pace while not risking damage to services.
HMCTS has remained on track with plans to reduce Expected savings from the reforms have decreased. HMCTS now expects to save
the size of its estate so far. However, future reductions £244 million annually from 2024-25, down from £265 million.
will be far more challenging as they depend on
successfully delivering other reform projects to
reduce the demand for physical court space.
Overall portfolio costs have reduced by £58 million following the scope changes.
HMCTS is keeping within its allocated budget.PA R T [ 0 2 ] D E PA R T M E N TA L O V E R V I E W 2 019 [ M o J ]
– Financial and operational sustainabilit y depends on the successful deliver y of reforms 2 /3
– Courts continued
Reforming the cour t and tribunal est ate
HMCTS has closed 127 courts and The HM Courts & Tribunals Service (HMCTS)
HMCTS currently forecasts that it will close a further 77 courts and tribunals.
tribunals in England and Wales since It expects these to come later than previously planned due to delays elsewhere in
estate in England and Wales, as at March 2019
the start of its estates reform in 2015, the programme and a lack of evidence of reductions in demand. It has committed
There are currently 341 active courts and tribunals in the estate
with reported sales proceeds of Site active
to not closing further courts and tribunals until it has this evidence.
£124 million. Site active – due to close
Site closed
HM Courts & Tribunals Service (HMCTS) expects to complete its
programme of closures in 2025-26
Number of properties planned to close
60
55
50
15
40
30
31
20 24
17
10
11
10 9
8 2
6 0 0 0 0
0
2019-20 2020-21 2021-22 2022-23 2023-24 2024-25 2025-26
London region Previous plan
Current plan
Note
1 Under the previous plan, HMCTS expected to close 96 further sites between 2019-20 and 2021-22.
Its current plan shows an expected 77 closures between 2019-20 and 2025-26.
Notes Source: National Audit Office analysis of HM Courts & Tribunals Service data
1 The map includes all courts and tribunals in the HMCTS estate in the scope of the estates reform programme.
It does not include administrative sites such as offices, land held for development or services which only exist online.
It includes six sites closed before 2015.
2 There are five closed sites and one site, which is active but due to close, which do not have a valid postcode.
These six sites are not marked on the map but are included in the totals given.
Source: National Audit Office analysis of HM Courts & Tribunals Service’s estates dataPA R T [ 0 2 ] D E PA R T M E N TA L O V E R V I E W 2 019 [ M o J ]
– Financial and operational sustainabilit y depends on the successful deliver y of reforms 3/3
– Probation and prisons
In 2013, the Ministry launched Transforming Rehabilitation, Following Working Links (the parent company to three CRCs)
a major reform of probation services. It dissolved going into administration in February 2019, the Secretary of On 16 May 2019, the Ministry announced a
16
35 self‑governing probation trusts and created State directed the Ministry to take on the financial liabilities of new model for probation services in England MAY
21 Community Rehabilitation Companies (CRCs) and its sub-contractors for frontline probation services delivered and Wales. The NPS will be responsible
2019
a public sector National Probation Service (NPS). prior to the administration. Payments will be made in the for all offenders on a community sentence
financial year 2019-20. or licence. Private and voluntary sector
organisations will deliver interventions
Transforming Rehabilit ation: The service being delivered was falling short of expectations and rehabilitative services.
progress review The private and voluntary sectors National
Probation
Private and
voluntary sector
Service organisations
will also have a role in supporting
HM Inspectorate of Probation’s overall assessment
Transforming Rehabilitation: progress the NPS to identify and deliver Probation
of National Probation Service regions and services
review (March 2019) reported that the Ministry has wider innovation. The Ministry is
Community Rehabilitation Companies’
not achieved the wider objectives of its reforms. currently finalising its proposals Offenders
Ministry
performance, December 2016 to March 2018
of Justice
There had been: and intends to introduce its new
The performance of the National Probation Service has been assessed more positively than that of
Community Rehabilitation Companies model from spring 2021. 16
• patchy third-sector involvement with CRCs;
National Probation Service Community Rehabilitation Companies
Number of assessments
• limited innovation and a lack of progress
14 The Prison E states Transformation Programme aimed
transforming probation services;
12
1
2
to create 10,0 0 0 new prison places by 2020 to
replace old unsuitable accommodation:
• significant increases in the number of people 10
2
1 5
being recalled to prison; and Activit y Progress
8 9 9
1
• ineffective services to support transition from 6
13 Building new prisons to The Ministry expects to
prison to the community.
10 10
meet the government’s create 3,566 new prison
4
7 pledge to create 10,000 new places by 2023 with new
The report concluded that: “the Ministry set itself
2 prison places to replace old prisons in Wellingborough and
2 4
unsuitable accommodation. Glen Parva and a new block in
up to fail in how it approached the Transforming 2
HMP Stocken.
0
Rehabilitation reforms. Its rushed implementation Protecting Reducing Abiding by Protecting Reducing Abiding by
Sale of the former
the public reoffending the sentence the public reoffending the sentence
introduced significant risks that its chosen Theme HMP Holloway site was
commercial approach left it badly placed to manage. Negative
completed in March 2019
generating proceeds of
Although the number of reoffenders has reduced, Neutral
Positive £81.5 million.
the average number of reoffences they commit has
Source: National Audit Office analysis of HM Inspectorate of Probation reports
increased by 22% between 2011 and March 2017. Simplifying and organising The Ministry has said that
Transforming Rehabilitation has achieved poor the estate to better the necessary changes to
meet the needs of the adopt the three new operating
value for money for the taxpayer.” In July 2018, the Ministry announced that it
JUL prison population. models for prisons: reception;
would terminate the contracts with the CRCs training; and resettlement
2018 will be complete by 2023.
14 months early, in December 2020.PA R T [ 0 3 ] D E PA R T M E N TA L O V E R V I E W 2 019 [ M o J ]
– What to look out for
01 Royal Commission 02 Impact of 03 Probation reforms 04 Court reform 05 Secure schools 06 The Parole Board
increasing demand
The Queen’s speech in In recent years, the volume The restructuring of Over the past year, use Plans to create secure The Parole Board was
December 2019 included of criminal cases going probation services, which of online services such schools as an education- reviewed by the Ministry
plans to establish a new to court has decreased. is planned to be complete as divorce, probate and focused alternative to youth after the release of
Royal Commission to However, recent policy by 2021, will see the civil money claims has custodial provision for John Worboys, and revised
‘review and improve the announcements such as National Probation Service increased and other children were announced in rules were introduced
efficiency and effectiveness increasing police numbers taking responsibility for services such as appeals 2016 after the Taylor Review on 22 July 2019. These
of the criminal justice by 20,000 over the next supervising all offenders against benefit decisions called for fundamental apply to all parole cases
process’. The Government three years, strengthening across 12 new regions. and TV Licence/DVLA changes to the youth referred to the Parole
also plans a Commission stop and search powers As well as managing prosecutions are being custody system. The first Board on or after that date.
on the relationship between and new sentencing laws the risk of transitioning made available online. secure school is scheduled These rules introduced a
the government, Parliament to ensure the most serious from the current regional Alongside this, HMCTS to open in autumn 2020 on number of changes that
and the courts. violent offenders serve structure to a different will complete its trials to the site of Medway Secure aim to improve the parole 17
longer in custody could one while maintaining a test video technology that Training Centre in Kent and system, including a new
increase demand for court critical service, the Ministry enables remand hearings to will be run by an academy reconsideration mechanism,
time and prison places. will need to ensure it has be held outside the court. trust, Oasis Charitable which allows parties to the
sufficient qualified probation Trust, which is responsible case to challenge a parole
In acknowledgement of officers to work within the Future court closures for 52 academies decision. Members of the
this, the government has new system and that they depend on the extent across England. public can also now request
committed £2.5 billion to have the right skills to work to which HMCTS can a summary of any Parole
provide 10,000 additional through the voluntary and reduce demand by Board decision made on
prison places by the mid- private sectors to deliver moving hearings out or after 22 May 2018, and
2020s. Given the limited interventions. Given the of court and improving victims registered with the
progress made against financial pressure faced efficiency. It expects to Victim Contact Scheme
the 2016 commitment to by the existing Community start consultation on further can request a summary
deliver 10,000 new-for-old Rehabilitation Companies, court closures in 2020. of an upcoming decision.
places by 2020, achieving the Ministry will also need The Parole Board is also
this target presents a to manage closely the the subject of an ongoing
significant challenge. risks of these providers Tailored Review that will
withdrawing services examine the status and
or failing outright in the function of the Parole
run‑up to the termination Board. The review is due
of their contracts. to publish in spring 2020.You can also read
