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To ask the Attorney General, how many prosecutions there were for abusive behaviour on social media platforms in each of the last three years; and how many of those prosecutions resulted in a conviction.
To ask the Attorney General, how many prosecutions there were for abusive behaviour on social media platforms in each of the last three years; and how many of those prosecutions resulted in a conviction.
The Crown Prosecution Service (CPS) does not maintain a central record of the number of prosecutions or convictions for abusive behaviour on social media platforms. This information could only be obtained by examining CPS case files, which would incur disproportionate cost.
To ask the Secretary of State for Justice how many people in (a) Rossendale and (b) Darwen were found guilty of (i) drunk and disorderly behaviour and (ii) drunk and aggravated behaviour in each of the last three years.
To ask the Secretary of State for Justice how many people in (a) Rossendale and (b) Darwen were found guilty of (i) drunk and disorderly behaviour and (ii) drunk and aggravated behaviour in each of the last three years.
The Ministry of Justice Court Proceedings Database holds information on defendants proceeded against, found guilty and sentenced for criminal offences in England and Wales. This database holds information on offences provided by the statutes under which proceedings are brought but not the specific circumstances of each case. It is not possible to separately identify from this centrally held information the location of an offence or the home address of an offender. This detailed information may be held on the court record but due to the size and complexity is not reported centrally to the MOJ. As such, the information requested can be obtained only at disproportionate cost.
To ask the Secretary of State for Justice pursuant to the answer of 12 March 2014, Official Report, column 209W, on the Computer Misuse Act 1990, how his Department measures compliance with the Government's cyber security strategy when rehabilitating and managing offenders convicted under the Computer Misuse Act 1990; and...
To ask the Secretary of State for Justice pursuant to the answer of 12 March 2014, Official Report, column 209W, on the Computer Misuse Act 1990, how his Department measures compliance with the Government's cyber security strategy when rehabilitating and managing offenders convicted under the Computer Misuse Act 1990; and...
Public protection is the first priority in offender management and it is rehabilitation that best secures this in the long-term. Those working with offenders may routinely assess risk and progress of sentenced offenders under supervision in the community or custody. These assessments will in turn inform offender management decisions regarding the interventions offered or controls applied to an individual.
Progress against the Government's wider Cyber Security Strategy was published in December 2013.
To ask the Secretary of State for Justice how many prosecutions there have been under the Computer Misuse Act 1990 in each year for which figures are available.
To ask the Secretary of State for Justice how many prosecutions there have been under the Computer Misuse Act 1990 in each year for which figures are available.
Cyber crime is a serious threat to the UK and this Government has taken action to tackle it. The Home Office has so far spent £43 million from the National Cyber Security Programme to build law enforcement capabilities to tackle cyber crime, and we expect to invest further in 2014-15 to continue this work.
The number of defendants proceeded against at magistrates court and found guilty and sentenced at all courts for offences relating to the Computer Misuse Act 1990, from 1990 to 2012 (latest available), can be viewed in the table.
Court proceedings data for 2013 are planned for publication in May 2014.
| Defendants
proceeded against at magistrates court, found guilty and sentenced at
all courts for offences relating to the Computer Misuse Act 1990,
England and Wales,
1990-20121,2 | ||||||
| Of
which: | ||||||
| Proceeded
Against | Found
Guilty3 | Conviction
Ratio4 | Sentenced5 | Immediate
custody | Custody
Rate
(percentage)6 | |
| 1990 | 0 | 0 | 0 | 0 | 0 | 0 |
| 1991 | 1 | 1 | 100.0 | 1 | 1 | 100.0 |
| 1992 | 0 | 0 | 0 | 0 | 0 | 0 |
| 1993 | 0 | 0 | 0 | 0 | 0 | 0 |
| 1994 | 0 | 0 | 0 | 0 | 0 | 0 |
| 1995 | 0 | 0 | 0 | 0 | 0 | 0 |
| 1996 | 2 | 2 | 100.0 | 2 | 0 | 0 |
| 1997 | 0 | 0 | 0 | 0 | 0 | 0 |
| 1998 | 16 | 9 | 56.3 | 9 | 0 | 0 |
| 1999 | 13 | 11 | 84.6 | 11 | 3 | 27.3 |
| 2000 | 19 | 15 | 78.9 | 15 | 4 | 26.7 |
| 2001 | 25 | 31 | 124.0 | 31 | 8 | 25.8 |
| 2002 | 18 | 14 | 77.8 | 14 | 6 | 42.9 |
| 2003 | 19 | 5 | 26.3 | 5 | 2 | 40.0 |
| 2004 | 21 | 12 | 57.1 | 12 | 1 | 8.3 |
| 2005 | 24 | 16 | 66.7 | 18 | 3 | 16.7 |
| 2006 | 25 | 18 | 72.0 | 17 | 4 | 23.5 |
| 2007 | 19 | 10 | 52.6 | 9 | 0 | 0 |
| 20087 | 17 | 12 | 70.6 | 13 | 2 | 15.4 |
| 2009 | 19 | 10 | 52.6 | 10 | 0 | 0 |
| 2010 | 10 | 18 | 180.0 | 18 | 4 | 22.2 |
| 2011 | 11 | 11 | 100.0 | 11 | 2 | 18.2 |
| 2012 | 25 | 27 | 108.0 | 27 | 7 | 25.9 |
| Total | 284 | 222 | 78.2 | 223 | 47 | 21.1 |
| 1
The figures given in the table relate to persons for whom these
offences were the principal offences for which they were dealt with.
When a defendant has been found guilty of two or more offences it is
the offence for which the heaviest penalty is imposed. Where the same
disposal is imposed for two or more offences, the offence selected is
the offence for which the statutory maximum penalty is the most
severe. 2 Every effort is made to ensure that the figures presented are accurate and complete. However, it is important to note that these data have been extracted from large administrative data systems generated by the courts and police forces. As a consequence, care should be taken to ensure data collection processes and their inevitable limitations are taken into account when those data are used. 3 The number of defendants found guilty in a particular year may exceed the number proceeded against as the proceedings in the magistrates court took place in an earlier year and the defendants were found guilty at the Crown Court in the following year; or the defendants were found guilty of a different offence to that for which they were originally proceeded against. 4 Conviction ratio is calculated as the number of convictions as a proportion of the number of proceedings. 5 The number of offenders sentenced can differ from those found guilty as it may be the case that a defendant found guilty in a particular year, and committed for sentence at the Crown Court, may be sentenced in the following year. 6 The proportion of offenders sentenced who are sentenced to immediate custody. 7 Excludes data for Cardiff magistrates court for April, July and August 2008. Source: Justice Statistics Analytical Services—Ministry of Justice. |
To ask the Secretary of State for Justice what funds are dedicated to the rehabilitation and management of offenders convicted under the Computer Misuse Act 1990.
To ask the Secretary of State for Justice what funds are dedicated to the rehabilitation and management of offenders convicted under the Computer Misuse Act 1990.
On conviction for any offence, it is for the court to determine the appropriate sentence in each case. Where a community order or custodial sentence is imposed, the allocation of resources to the management of individual offenders is usually based on an offender's risk of harm to others and likelihood of reconviction, taking into account a wide range of factors such as past offending, drug misuse, educational attainment or their thinking and behaviours. Typically, assessments are carried out by an offender manager and the legislation under which the offender is convicted would not determine the content of the sentence. Offenders convicted under the Computer Misuse Act will receive different levels of supervision and different types of intervention, within the parameters of the sentence handed down by the Court. It is not possible to provide information on funding allocated to offenders sentenced under different Acts.
To ask the Secretary of State for Justice if he will take steps to introduce the HM Prison Kirkham Drug and Rehabilitation programme nationally.
To ask the Secretary of State for Justice if he will take steps to introduce the HM Prison Kirkham Drug and Rehabilitation programme nationally.
Kirkham prison is helping to support our plans for developing through the gate resettlement services under transforming rehabilitation. It is part of
a test in partnership with health services that is being undertaken in nine resettlement prisons in the north-west to enhance drug and alcohol recovery services. The learning will be used to inform wider roll out of the new system and the delivery of substance misuse services to offenders more broadly.
To ask the Secretary of State for Justice how many and what proportion of jails are free of illegal drug use.
To ask the Secretary of State for Justice how many and what proportion of jails are free of illegal drug use.
Prisons have achieved considerable success in reducing the level of drug misuse against a background of a continuing high demand for drugs. Drug misuse as measured by random mandatory drug testing (MDT) has fallen 17.4 percentage points over the past 16 years despite the fact that more drugs are being tested for.
MDT, which runs to standardised procedures across prisons, has three main aims, one of which is to supply detailed information on patterns of drugs-misuse in prisons and is used by the National Offender Management Service to measure the level of drug misuse in prisons.
A single episode of drug misuse over a defined period, strictly interpreted, would deprive a prison of drug free status. Prisons can perform very well in keeping drugs out of prison but technically not be drug free.
Over the 2012-13 financial year, three prisons in England and Wales reported no drug misuse as measured by random MDT. 96 prisons in England and Wales reported no drug misuse, as measured by random MDT, in at least one month of the 2012-13 financial year.
The data in this answer have been drawn from live administrative data systems which may be amended at any time. Although care is taken when processing and analysing the returns, the detail collected is subject to the inaccuracies inherent in any large scale recording system. The data are not subject to audit.
To ask the Secretary of State for Justice (1) what research his Department has (a) produced, (b) commissioned and (c) evaluated on the effectiveness of addressing drug-related offending by extending drug testing requirements from Class A to Class A and B drugs for those on licence and under the new...
To ask the Secretary of State for Justice (1) what research his Department has (a) produced, (b) commissioned and (c) evaluated on the effectiveness of addressing drug-related offending by extending drug testing requirements from Class A to Class A and B drugs for those on licence and under the new...
At present drug tests under licence are paid for and administered by the National Offender Management Service but will, under the Transforming Rehabilitation reforms, be delivered and paid for by providers of probation services from across the public, private and voluntary sectors. The proposed extension of drug testing in the Offender Rehabilitation Bill gives the Secretary of State a discretionary power to impose a drug testing requirement on offenders released from custody. The Government will provide guidance but it will be for the individual providers to decide when and how frequently to test offenders.
There will be costs associated with breaching offenders who test positive for drugs following the extension of drug testing requirements. It is not known which offenders providers will choose to test. The Offender Rehabilitation Bill impact assessment provided an illustrative scenario where 10% of offenders released from custody are tested, which would be around 9,000 offenders per year. It is estimated that this could result in around 1,000 recalls to custody per year, at a cost of around £1 million per year but this has to be seen in the wider context of the savings made by reductions in reoffending.
(2) what estimate he has made of the costs arising from the extension of drug testing requirements for those on licence and under the new supervision period from Class A to Class A and B drugs; and what steps he is taking to ensure that adequate drug service provision to...
(2) what estimate he has made of the costs arising from the extension of drug testing requirements for those on licence and under the new supervision period from Class A to Class A and B drugs; and what steps he is taking to ensure that adequate drug service provision to...
At present drug tests under licence are paid for and administered by the National Offender Management Service but will, under the Transforming Rehabilitation reforms, be delivered and paid for by providers of probation services from across the public, private and voluntary sectors. The proposed extension of drug testing in the Offender Rehabilitation Bill gives the Secretary of State a discretionary power to impose a drug testing requirement on offenders released from custody. The Government will provide guidance but it will be for the individual providers to decide when and how frequently to test offenders.
There will be costs associated with breaching offenders who test positive for drugs following the extension of drug testing requirements. It is not known which offenders providers will choose to test. The Offender Rehabilitation Bill impact assessment provided an illustrative scenario where 10% of offenders released from custody are tested, which would be around 9,000 offenders per year. It is estimated that this could result in around 1,000 recalls to custody per year, at a cost of around £1 million per year but this has to be seen in the wider context of the savings made by reductions in reoffending.
(2) whether his Department has (a) produced, (b) commissioned, (c) evaluated any research suggesting a correlation between offending behaviour and cannabis use; and whether such research informed his decision to extend drug testing requirements from Class A to Class A and B drugs for those on licence and under the...
(2) whether his Department has (a) produced, (b) commissioned, (c) evaluated any research suggesting a correlation between offending behaviour and cannabis use; and whether such research informed his decision to extend drug testing requirements from Class A to Class A and B drugs for those on licence and under the...
The extension of drug testing under licence to Class A and Class B drugs is designed to assess how the offender is complying with their licence and supervision conditions and support efforts to reduce reoffending. This has been informed by the Surveying Prisoner Crime Reduction study which shows that 61% of offenders who reported using Class A drugs in the four weeks before custody reoffended, compared with 48% of those who reported using Class B and/or C drugs in the four weeks before custody, and 39% who had not used drugs in the four weeks before custody. In comparison, 30% of those who had never used drugs reoffended.
To ask the Secretary of State for Justice (1) how much was spent on with-cause breathalyser testing of National Offender Management Service staff in (a) 2010-11, (b) 2011-12 and (c) 2012-13;
To ask the Secretary of State for Justice (1) how much was spent on with-cause breathalyser testing of National Offender Management Service staff in (a) 2010-11, (b) 2011-12 and (c) 2012-13;
Table 1 shows the cost of with cause breathalyser testing of National Offender Management Service staff in (a) 2010-11, (b) 2011-12 and (c) 2012-13.
| Table
1 | ||
| Management
fee
(£) | Call-out
charges
(£) | |
| 2010-11 | 33,862.00 | 1,113.87 |
| 2011-12 | 25,200.00 | 2,516.00 |
| 2012-13 | 26,250.00 | 925.00 |
Table 2 shows the number of individual with cause breathalyser tests of National Offender Management Service staff that took place in (a) 2010-11, (b) 2011-12 and (c) 2012-13.
| Table
2 | |
| Number
of call
outs | |
| 2010-11 | 30 |
| 2011-12 | 11 |
| 2012-13 | 5 |
The National Offender Management Service does not record information centrally to indicate whether any member of staff has refused a breathalyser test and therefore the supplier was not called upon. There is no evidence that any members of staff' refused to undergo breathalyser testing after the collection officer had been called out.
The National Offender Management Service does not record information centrally of staff that have been required to leave their place of work because (a) the breath alcohol level of the member of staff has breached the alcohol standard or (b) a member of staff has refused to participate in a breath test and concern remains about whether or not they are fit for duty as set out in the NOMS staff alcohol policy. However, Table 3 shows the number of positive breathalyser test in each of the last three financial years. Staff who provide a positive breathalyser test will be subject locally to the NOMS staff alcohol policy and the NOMS conduct and discipline policy.
| Table
3 | |
| Number
of positive
tests | |
| 2010-11 | 7 |
| 2011-12 | 2 |
| 2012-13 | 1 |
Although the National Offender Management Service holds high level information centrally on staff who have been subject to disciplinary procedures, it is not possible
to extract detailed information for disciplinary action taken as a result of a positive breathalyser test or where a member of staff has refused a test.
(2) how many individual with-cause breathalyser tests of National Offender Management Service staff took place in (a) 2010-11, (b) 2011-12 and (c) 2012-13;
Mr Jim Cunningham:
(2) how many individual with-cause breathalyser tests of National Offender Management Service staff took place in (a) 2010-11, (b) 2011-12 and (c) 2012-13;
Mr Jim Cunningham:
Table 1 shows the cost of with cause breathalyser testing of National Offender Management Service staff in (a) 2010-11, (b) 2011-12 and (c) 2012-13.
| Table
1 | ||
| Management
fee
(£) | Call-out
charges
(£) | |
| 2010-11 | 33,862.00 | 1,113.87 |
| 2011-12 | 25,200.00 | 2,516.00 |
| 2012-13 | 26,250.00 | 925.00 |
Table 2 shows the number of individual with cause breathalyser tests of National Offender Management Service staff that took place in (a) 2010-11, (b) 2011-12 and (c) 2012-13.
| Table
2 | |
| Number
of call
outs | |
| 2010-11 | 30 |
| 2011-12 | 11 |
| 2012-13 | 5 |
The National Offender Management Service does not record information centrally to indicate whether any member of staff has refused a breathalyser test and therefore the supplier was not called upon. There is no evidence that any members of staff' refused to undergo breathalyser testing after the collection officer had been called out.
The National Offender Management Service does not record information centrally of staff that have been required to leave their place of work because (a) the breath alcohol level of the member of staff has breached the alcohol standard or (b) a member of staff has refused to participate in a breath test and concern remains about whether or not they are fit for duty as set out in the NOMS staff alcohol policy. However, Table 3 shows the number of positive breathalyser test in each of the last three financial years. Staff who provide a positive breathalyser test will be subject locally to the NOMS staff alcohol policy and the NOMS conduct and discipline policy.
| Table
3 | |
| Number
of positive
tests | |
| 2010-11 | 7 |
| 2011-12 | 2 |
| 2012-13 | 1 |
Although the National Offender Management Service holds high level information centrally on staff who have been subject to disciplinary procedures, it is not possible
to extract detailed information for disciplinary action taken as a result of a positive breathalyser test or where a member of staff has refused a test.
(3) how many times National Offender Management Service staff refused with-cause breathalyser testing in (a) 2010-11, (b) 2011-12 and (c) 2012-13;
Mr Jim Cunningham:
(3) how many times National Offender Management Service staff refused with-cause breathalyser testing in (a) 2010-11, (b) 2011-12 and (c) 2012-13;
Mr Jim Cunningham:
Table 1 shows the cost of with cause breathalyser testing of National Offender Management Service staff in (a) 2010-11, (b) 2011-12 and (c) 2012-13.
| Table
1 | ||
| Management
fee
(£) | Call-out
charges
(£) | |
| 2010-11 | 33,862.00 | 1,113.87 |
| 2011-12 | 25,200.00 | 2,516.00 |
| 2012-13 | 26,250.00 | 925.00 |
Table 2 shows the number of individual with cause breathalyser tests of National Offender Management Service staff that took place in (a) 2010-11, (b) 2011-12 and (c) 2012-13.
| Table
2 | |
| Number
of call
outs | |
| 2010-11 | 30 |
| 2011-12 | 11 |
| 2012-13 | 5 |
The National Offender Management Service does not record information centrally to indicate whether any member of staff has refused a breathalyser test and therefore the supplier was not called upon. There is no evidence that any members of staff' refused to undergo breathalyser testing after the collection officer had been called out.
The National Offender Management Service does not record information centrally of staff that have been required to leave their place of work because (a) the breath alcohol level of the member of staff has breached the alcohol standard or (b) a member of staff has refused to participate in a breath test and concern remains about whether or not they are fit for duty as set out in the NOMS staff alcohol policy. However, Table 3 shows the number of positive breathalyser test in each of the last three financial years. Staff who provide a positive breathalyser test will be subject locally to the NOMS staff alcohol policy and the NOMS conduct and discipline policy.
| Table
3 | |
| Number
of positive
tests | |
| 2010-11 | 7 |
| 2011-12 | 2 |
| 2012-13 | 1 |
Although the National Offender Management Service holds high level information centrally on staff who have been subject to disciplinary procedures, it is not possible
to extract detailed information for disciplinary action taken as a result of a positive breathalyser test or where a member of staff has refused a test.
(4) how many times National Offender Management Service (NOMS) staff have been required to leave their place of work because (a) the breath alcohol level of the member of staff has breached the alcohol standard or (b) a member of staff has refused to participate in a breath test and...
(4) how many times National Offender Management Service (NOMS) staff have been required to leave their place of work because (a) the breath alcohol level of the member of staff has breached the alcohol standard or (b) a member of staff has refused to participate in a breath test and...
Table 1 shows the cost of with cause breathalyser testing of National Offender Management Service staff in (a) 2010-11, (b) 2011-12 and (c) 2012-13.
| Table
1 | ||
| Management
fee
(£) | Call-out
charges
(£) | |
| 2010-11 | 33,862.00 | 1,113.87 |
| 2011-12 | 25,200.00 | 2,516.00 |
| 2012-13 | 26,250.00 | 925.00 |
Table 2 shows the number of individual with cause breathalyser tests of National Offender Management Service staff that took place in (a) 2010-11, (b) 2011-12 and (c) 2012-13.
| Table
2 | |
| Number
of call
outs | |
| 2010-11 | 30 |
| 2011-12 | 11 |
| 2012-13 | 5 |
The National Offender Management Service does not record information centrally to indicate whether any member of staff has refused a breathalyser test and therefore the supplier was not called upon. There is no evidence that any members of staff' refused to undergo breathalyser testing after the collection officer had been called out.
The National Offender Management Service does not record information centrally of staff that have been required to leave their place of work because (a) the breath alcohol level of the member of staff has breached the alcohol standard or (b) a member of staff has refused to participate in a breath test and concern remains about whether or not they are fit for duty as set out in the NOMS staff alcohol policy. However, Table 3 shows the number of positive breathalyser test in each of the last three financial years. Staff who provide a positive breathalyser test will be subject locally to the NOMS staff alcohol policy and the NOMS conduct and discipline policy.
| Table
3 | |
| Number
of positive
tests | |
| 2010-11 | 7 |
| 2011-12 | 2 |
| 2012-13 | 1 |
Although the National Offender Management Service holds high level information centrally on staff who have been subject to disciplinary procedures, it is not possible
to extract detailed information for disciplinary action taken as a result of a positive breathalyser test or where a member of staff has refused a test.
(5) how many times National Offender Management Service staff have faced disciplinary investigation or action following a positive breathalyser test, or with-cause, or where a member of staff has refused a test in (a) 2010-11, (b) 2011-12 and (c) 2012-13.
Mr Jim Cunningham:
(5) how many times National Offender Management Service staff have faced disciplinary investigation or action following a positive breathalyser test, or with-cause, or where a member of staff has refused a test in (a) 2010-11, (b) 2011-12 and (c) 2012-13.
Mr Jim Cunningham:
Table 1 shows the cost of with cause breathalyser testing of National Offender Management Service staff in (a) 2010-11, (b) 2011-12 and (c) 2012-13.
| Table
1 | ||
| Management
fee
(£) | Call-out
charges
(£) | |
| 2010-11 | 33,862.00 | 1,113.87 |
| 2011-12 | 25,200.00 | 2,516.00 |
| 2012-13 | 26,250.00 | 925.00 |
Table 2 shows the number of individual with cause breathalyser tests of National Offender Management Service staff that took place in (a) 2010-11, (b) 2011-12 and (c) 2012-13.
| Table
2 | |
| Number
of call
outs | |
| 2010-11 | 30 |
| 2011-12 | 11 |
| 2012-13 | 5 |
The National Offender Management Service does not record information centrally to indicate whether any member of staff has refused a breathalyser test and therefore the supplier was not called upon. There is no evidence that any members of staff' refused to undergo breathalyser testing after the collection officer had been called out.
The National Offender Management Service does not record information centrally of staff that have been required to leave their place of work because (a) the breath alcohol level of the member of staff has breached the alcohol standard or (b) a member of staff has refused to participate in a breath test and concern remains about whether or not they are fit for duty as set out in the NOMS staff alcohol policy. However, Table 3 shows the number of positive breathalyser test in each of the last three financial years. Staff who provide a positive breathalyser test will be subject locally to the NOMS staff alcohol policy and the NOMS conduct and discipline policy.
| Table
3 | |
| Number
of positive
tests | |
| 2010-11 | 7 |
| 2011-12 | 2 |
| 2012-13 | 1 |
Although the National Offender Management Service holds high level information centrally on staff who have been subject to disciplinary procedures, it is not possible
to extract detailed information for disciplinary action taken as a result of a positive breathalyser test or where a member of staff has refused a test.
Will the right hon. Gentleman give way?
Will the right hon. Gentleman give way?
I am following the right hon. Gentleman’s argument closely. He was a member of the Government who passed the Offender Management Act 2007. If, as is his contention, the previous Government believed that probation trusts could do all those things themselves, why did the Act allow for competition? Why did...
I am following the right hon. Gentleman’s argument closely. He was a member of the Government who passed the Offender Management Act 2007. If, as is his contention, the previous Government believed that probation trusts could do all those things themselves, why did the Act allow for competition? Why did...
rose—
rose—
I think the right hon. Gentleman knows perfectly well what the answer is. A probation trust, as a wholly public body, cannot compete under a payment-by-results system, because that would put public money at risk. Of course he understands that.
I think the right hon. Gentleman knows perfectly well what the answer is. A probation trust, as a wholly public body, cannot compete under a payment-by-results system, because that would put public money at risk. Of course he understands that.
I can help the right hon. Gentleman and correct him on that. When those people are released, they will be subject to a risk assessment by the national probation service, and the NPS will make a judgment as to whether they are high, medium or low-risk offenders—and they will be...
I can help the right hon. Gentleman and correct him on that. When those people are released, they will be subject to a risk assessment by the national probation service, and the NPS will make a judgment as to whether they are high, medium or low-risk offenders—and they will be...