HMCTS has appointed a consortium of IFF Research and Frontier Economics to carry out an independent evaluation of the Flexible Operating Hours pilots. The evaluation report will be published following completion, in the autumn.

The evaluation is being conducted as set out in the evaluation plan, published July 2019: Data has been collected on the number of cases heard in Flexible Operating Hours sessions rather than on numbers of participants. Public user surveys distributed to all participants in an FOH sessions contained 19 optional questions related to equality and diversity. This information is being collected by the independent evaluators and will inform their final report.

Sentencing in individual cases is entirely a matter for our independent courts and sentences should not be differentiated based purely on gender. However, the law provides that sentencers should take into account the particular circumstances of an offender and this can include whether they have dependent children. Sentencing guidelines also provide for mitigation for primary carers and list the impact on others as a factor to be taken into account in considering type and severity of a sentence.

A custodial sentence should always be a last resort. The courts must not pass a custodial sentence unless they believe that the offence was so serious that neither a fine alone nor a community sentence can be justified. Therefore, courts first consider whether a fine or community sentence can be justified. In the event a custodial sentence is imposed, the law also requires that it should be for the shortest time possible, commensurate with the seriousness of the offence.

We have made information known to sentencers on the practical issues which arise in prisons as a result of the COVID-19 pandemic. We have also provided guidance to court staff on meeting diverse needs during the pandemic along as well as virtual interviewing guidance.

Based on the principle that when deciding sentence, the courts are able to take into account the likely impact of a custodial sentence in an individual case, the Court of Appeal laid out in the judgement in the case of R v Christopher Manning that judges and magistrates should keep in mind that the impact of a custodial sentence is likely to be heavier during the current emergency.

We have also e considered measures to support those already sentenced to custody. As part of those measures, pregnant women in custody and mothers and babies living in prison Mother and Baby Units made up the first tranche of prisoners to be considered for early release, in recognition of their additional vulnerabilities during the coronavirus pandemic.

In response to the current unprecedented situation, on 4 April the Government announced that risk-assessed prisoners who are within two months of their release date will be considered for temporary release from prison, under the End of Custody Temporary Release scheme.

Prisoner releases are being phased over time to ensure stringent risk assessments can be carried out and that the required support for offenders is in place. No prisoner will be released without housing and health support being in place. All prisoners released under this scheme are eligible for an enhanced subsistence grant to reflect that these individuals will not have had the full amount of time and resources they would usually have had to prepare for release.

Additionally, pregnant women and prisoners living on mother and baby units will also be considered for Release on Temporary Licence (ROTL) on compassionate grounds during this period. Pregnant women and prisoners with babies in custody are being assessed case by case, and so the specific needs of each woman are considered before release is authorised.

Homelessness Prevention Taskforces (HPTs) have been established in each area of England and in Wales to address accommodation needs during these exceptional and extremely challenging times. There is also a strong link with voluntary sector providers to ensure that providers with accommodation are able to link with HPTs to ensure that they are aware of vacancies that are available.

Prison establishments and Through the Gate teams are actively engaging in ensuring that proposed release accommodation is appropriate for the needs of the women. Where a proposed address is assessed as unsuitable women are supported to find alternative accommodation via the HPTs.

Local Authorities continue to have a duty to try and prevent or relieve homelessness for all eligible homeless households under the Homelessness Reduction Act, irrespective of whether they are a family or single person, what has put them at risk, or if they have a local connection to the area.

Whilst our immediate concern is to support those individuals released from prison into suitable accommodation, in the long-term we will analyse the lessons learned during this period, to develop how we can improve the accommodation offer for those with a history of offending.

In response to the current unprecedented situation, on 4 April the Government announced that risk-assessed prisoners who are within two months of their release date will be considered for temporary release from prison, under the End of Custody Temporary Release scheme.

Prisoner releases are being phased over time to ensure stringent risk assessments can be carried out and that the required support for offenders is in place. No prisoner will be released without housing and health support being in place. All prisoners released under this scheme are eligible for an enhanced subsistence grant to reflect that these individuals will not have had the full amount of time and resources they would usually have had to prepare for release.

Additionally, pregnant women and prisoners living on mother and baby units will also be considered for Release on Temporary Licence (ROTL) on compassionate grounds during this period. Pregnant women and prisoners with babies in custody are being assessed case by case, and so the specific needs of each woman are considered before release is authorised.

Homelessness Prevention Taskforces (HPTs) have been established in each area of England and in Wales to address accommodation needs during these exceptional and extremely challenging times. There is also a strong link with voluntary sector providers to ensure that providers with accommodation are able to link with HPTs to ensure that they are aware of vacancies that are available.

Prison establishments and Through the Gate teams are actively engaging in ensuring that proposed release accommodation is appropriate for the needs of the women. Where a proposed address is assessed as unsuitable women are supported to find alternative accommodation via the HPTs.

Local Authorities continue to have a duty to try and prevent or relieve homelessness for all eligible homeless households under the Homelessness Reduction Act, irrespective of whether they are a family or single person, what has put them at risk, or if they have a local connection to the area.

Whilst our immediate concern is to support those individuals released from prison into suitable accommodation, in the long-term we will analyse the lessons learned during this period, to develop how we can improve the accommodation offer for those with a history of offending.