House of Commons Hansard Debates for 29 Jan 1997 (pt 41)

Lord James Douglas-Hamilton: I shall certainly look closely at the details of the hon. Gentleman's speech. I should explain to him that the purpose of the amendment in meeting the point that he raised in Committee is that a prisoner serving two months and three days, for example, would be able to earn two days early release. Similarly, a prisoner serving two months and four days would be able to earn three days, and so on. So there would be a tapering effect around the threshold, which would ensure that no one would serve less time in prison than someone sentenced to a shorter period who is ineligible for early release.

My understanding of the present position is that no assessment will be carried out until after two months have elapsed. As a prisoner serving two months or more cannot be released until after the date of his assessment, he cannot in practice be released earlier than a prisoner serving less than two months. That tapers the effect. I shall examine the details of what the hon. Gentleman said and come back to him in due course.

Amendment agreed to.

Amendment made: No. 38, in page 28, line 43, at end insert--

'( ) No award of early release days under this section shall entitle a prisoner to be released earlier than the day after the day on which the award is made.'.--[Lord James Douglas-Hamilton.]

Clause 31

Prisoners held on remand

Amendment made: No. 39, in page 29, leave out lines 37 to 39 and insert--
'(4) No award of early release days under this section shall entitle a prisoner to be released earlier than the day after the day on which the award is made.'.--[Lord James Douglas-Hamilton.]

29 Jan 1997 : Column 424

Clause 32

Amendments to 1989 Act

Amendments made: No. 241, in page 30, line 8, leave out from beginning to end of line 9 and insert--
'(1) Section 39 of the 1989 Act (rules for the management of prisons) shall be amended in accordance with this section.
(2) Subsection (7) shall cease to have effect.
(3) After subsection (12), there shall be added the following subsections-'.
No. 233, in page 30, line 25, leave out from 'prisoner' to the end of line 26 and insert--
'(i) to make such appeals against any such determination as may be prescribed to such person or persons as may be prescribed; and
(ii) following such appeals, to make an appeal to the Secretary of State, who may appoint a person--
(A) to consider any such appeal in such manner as that person thinks fit; and
(B) to recommend to the Secretary of State how it should be disposed of.'.--[Lord James Douglas-Hamilton.]

Clause 35

Fine defaulters and persons convicted of contempt

of court

Amendments made: No. 40, in page 33, line 24, at beginning insert '(1)'.
No. 102, in page 33, line 31, at end insert--
'(2) Section 30 of this Act shall apply to children in respect of whom detention has been imposed for fine default or contempt of court as it applies, by virtue of subsections (5), (6) and (7) of section 31 of this Act, to persons sentenced to be detained under 44 (detention of children in summary proceedings) or detained for determinate periods under section 208 (detention of children convicted on indictment) of the 1995 Act.'.--[Lord James Douglas-Hamilton.]

Clause 38

Testing of prisoners for alcohol

Amendment made: No. 256, in page 34, line 28, leave out
'the sample contains any alcohol'
and insert
'he has any alcohol in his body'.--[Lord James Douglas-Hamilton.]

Clause 41

Police grant

Amendments made: No. 42, in page 38, line 30, after 'grant' insert 'made'.
No. 43, in page 38, line 31, leave out first 'under' and insert 'by virtue of'.--[Lord James Douglas-Hamilton.]

29 Jan 1997 : Column 425

Clause 43

Record of evidence taken from external parts

of body

Amendments made: No. 235, in page 40, line 47, leave out '19, 19A and 20' and insert '19 to 20'.
No. 257, in page 41, line 45, leave out '"print"' and insert
'"prints", in the place where it first occurs,'.
No. 258, in page 42, line 1, after '"prints"' insert
'in the place where it second occurs'.--[Lord James Douglas-Hamilton.]

Clause 44

Samples etc. from convicted sex offenders

7.15 pm

Lord James Douglas-Hamilton: I beg to move amendment No. 259, in page 42, line 38, leave out 'sexual'.

Madam Speaker: With this, it will be convenient to discuss Government amendments Nos. 260, 261, 44, 262 to 264, 93, 265 to 268, 94, 269, 270, 95, 271, 96 and 272 to 276.

Lord James Douglas-Hamilton: I should like to refer first to amendment No. 274, upon which amendment No. 259 and others in the group are consequential. As hon. Members are aware, clause 44 extends police powers to take DNA samples from all persons who have been convicted of a serious sexual offence and who are still in custody.

We have considered the proposal further and we believe that it is equally important for the police to have that facility available to them in respect of persons who have been convicted of violent offences. People who commit crimes of violence are completely abhorrent to society. In some cases, those offenders are an even greater threat to the community than people who have been convicted of a sexual offence.

It is our duty to try to ensure that all reasonable steps are taken to protect members of the public from that type of menace. We must ensure, therefore, that the police have as much assistance as possible to help them prevent and detect such crimes. We see the proposal as a step nearer to helping them do just that.

Violent offenders frequently leave traces of human matter at the scenes of their crimes and the analysis of that matter can lead to the detection of those crimes. It would therefore be helpful to the police to be able to take samples from violent offenders, and we propose to allow them to do so.

Incidentally, I had a sample taken from me by the police as an example of how it was done. It is a perfectly acceptable procedure, although I got the impression that not everyone would have volunteered for it because of the strong hand of the police officer concerned.

Other amendments in the group extend the list of qualifying offences and in so doing address some proposals made in Committee that I was able to accept in principle.

Amendment agreed to.

29 Jan 1997 : Column 426

Amendments made: No. 260, in page 42, line 40, leave out 'sexual'.

No. 261, in page 42, line 41, after 'imprisonment' insert

'in respect of that offence'.

No. 44, in page 43, line 11, after 'so' insert 'taken or'.

No. 262, in page 43, line 19, leave out 'sexual'.