Devolving Responsibility for Courts and Sentencing

2. Questions to the Counsel General and Minister for the Constitution – in the Senedd on 1 March 2023.

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Photo of Jenny Rathbone Jenny Rathbone Labour

(Translated)

3. What assessment has the Counsel General made of the costs associated with devolving responsibility for courts and sentencing to Wales? OQ59179

Photo of Mick Antoniw Mick Antoniw Labour 2:45, 1 March 2023

Thank you for your question. We have not yet undertaken an assessment of the costs of devolving specific areas of the justice system, such as courts and sentencing. Ultimately, our aspiration is that devolution would reduce pressures on the justice system and save money in some areas, above all by reducing the prison population.

Photo of Jenny Rathbone Jenny Rathbone Labour

Thank you, Counsel General. Obviously, this is a work in progress. I just want to draw your attention to the fact that the Equality and Social Justice Committee's inquiry into women involved in the criminal justice system has revealed that less than half the magistrates surveyed by the Magistrates Association had heard of the women's justice blueprint, which aspires to reduce the number of women in prison. It is very worrying to hear from Eastwood Park prison that women from south Wales are far more likely to be sent to prison than those in Devon and Cornwall. Therefore, I wondered whether you could tell us what you are doing, and your officials, to ensure that everybody involved in sentencing both men and women is aware of the initiatives that the Welsh Government is involved in, in partnership with other organisations.

Photo of Mick Antoniw Mick Antoniw Labour 2:46, 1 March 2023

Thank you. You raise a number of really important issues. Those issues go to the nub of the reason why we need justice devolved to us. I've worked very closely, as you know, with the Minister for Social Justice, and, of course, we were visitors to Eastwood Park prison recently. I suppose what matters—. It is, of course, of concern in terms of the awareness within the magistracy of the blueprint. But, of course, that awareness of the blueprint isn't the key determinant in itself. What is important is the understanding of the various opportunities and options that there are in terms of sentencing itself.

Clearly, there is ongoing engagement with the judiciary, I think, to help them understand the impact of regressive and unnecessary short sentences. I know the Minister for Social Justice has quoted this and I've said it several times: when we were at Eastwood Park prison, the director of the prison informed us that every woman in that prison was a victim. That in itself, I think, highlights the nature of the way we've gone down the imprisonment road, as opposed to the problem-solving road and the justice road.

The women's justice blueprint leads have delivered a series of engagement events for sentencers, focused on raising awareness and confidence in the community-based options for women amongst sentencers, legal advisers and key court decision makers. Over 270 individuals have been reached through this work, which has also been supported by His Majesty's Courts and Tribunals Service. So, that process of engagement is ongoing.