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Baroness Blatch: My Lords, I know that my noble friend has been concerned for some time about how the Parole Board would be able to reach a decision on whether a recommendation to include these conditions was appropriate. I believe that these fears are unfounded. We have discussed this matter between Committee stage and today, but I believe that my noble friend would be assisted if I placed on record my response to his concerns.
The first question to answer is who is to decide whether an oral hearing is necessary. The supervising probation service is most likely to identify the need for additional conditions of supervision, including where curfew orders or residence in a hostel is required. The service would then make an application to the Parole Board explaining why the condition was required. It would be for the board then to arrange an oral hearing.
The important point is that the prisoner should have the opportunity to be heard, to be represented and to challenge witnesses. The oral hearing could be held by a panel or a single board member. This is something on which the Prison Service will consult the Parole Board. Of course, the board must have the necessary and most useful information available to it before reaching a decision. I would expect a similar range of information to be available as is now the case for decisions on parole suitability: for example, police reports, social services reports, sentence planning documentation, earned early release documentation, a pre-discharge report completed by the supervising service which would include a risk assessment and an application from the supervising service setting out why the special conditions were necessary.
These conditions are intended to offer an opportunity for increased monitoring and surveillance and an important way to enhance protection of the public in
suitable cases. They will be used where they are considered necessary to reduce the likelihood of reoffending, secure the rehabilitation of the offender and ultimately reduce the risk to the public. These criteria could be made available in additional directions to the Parole Board. I expect the board to supply written reasons for the decision in much the same way as now. They will all be subject to judicial review.I cannot say exactly how many cases will occur each year but it is believed that the numbers are more likely to be hundreds rather than thousands. I note what my noble friend has said and that is on the record. I hope that my noble friend will understand that we will not be able to make a proper judgment as to that until the system is up and running. All I can say is that we will be conscious of the board's workload. It will be kept under review. No doubt the board will not be reticent in making its case to the Home Office should the workload and the costs incurred become an issue.
I want to ensure that we produce a system which is workable and effective. Sufficient time must be made available to put in place the necessary arrangements so that oral hearings work properly for all parties. We shall work closely with the board to develop a system which streamlines the process while maintaining the required flow of information. There is no absolute requirement to follow the existing arrangements which currently apply to other categories of offenders. We want these provisions to work and will ensure that the necessary consultation process does so within the outlines I have mentioned. In the light of those assurances, I hope my noble friend accepts that it is as well to put it on the record so that he has something to refer to in later months.
Lord Belstead: My Lords, I hope that my noble friend does not believe that silence signifies assent to every single thing that she has said. Nonetheless, it is very helpful to have her comments on the record. I am grateful for her reply. I beg leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Baroness Blatch moved Amendment No. 36:
On Question, amendment agreed to.
Clause 15 [Breach of conditions of release supervision order]:
Baroness Blatch moved Amendment No. 39:
On Question, amendment agreed to.
[Amendments Nos. 40 and 41 not moved.]
Baroness Blatch moved Amendments Nos. 42 and 43:
On Question, amendments agreed to.
Baroness Blatch moved Amendment No. 44:
On Question, amendment agreed to.
Baroness Blatch moved Amendment No. 46:
Page 10, line 12, leave out subsection (4) and insert--
("(4) The Secretary of State--
(a) shall not specify any condition which--
(i) requires the offender to live in an approved probation hostel; or
(ii) makes such provision as is made by a curfew order,
except in accordance with recommendations of the Parole Board made after an oral hearing at which the offender had the opportunity to be heard or represented; and
(b) in the case of an offender who has been sentenced to imprisonment for a term of three years or more, shall not specify any other condition except in accordance with recommendations of that Board.").
Page 12, line 16, leave out ("and 13") and insert (", (Provisional early release days for remand prisoners) and (Provisional additional days for remand prisoners)").
Page 12, line 31, leave out ("13") and insert ("(Provisional early release days for remand prisoners)").
Page 12, line 37, leave out ("13(2)") and insert ("(Provisional early release days for remand prisoners)(2)").
Page 14, line 6, leave out ("served") and insert ("been liable to serve").
After Clause 18, insert the following new clause--
(" .--(1) Subsection (2) below applies where--
(a) there is released under this Chapter an offender who has been sentenced to imprisonment for a term of three years or more in respect of a violent offence committed after the commencement of this Chapter; and
(b) the court by which he was so sentenced gave a direction under subsection (3) below.
(2) Section 14 above shall have effect in relation to the offender as if for subsection (2) there were substituted the following subsection--
"(2) On his release, the offender shall be subject to a release supervision order--
(a) where he is released otherwise than under section 10 above, for such period as is specified in the direction under section (Violent offenders)(3) below;
(b) where he is released under section 10 above, for a period equal to the aggregate of--
(i) the period mentioned in paragraph (a) above; and
(ii) a period equal to so much of the remainder of his term as he would have been liable to serve but for his release under section 10 above."
(3) Where a court sentences an offender to imprisonment for a term of three years or more in respect of a violent offence committed after the commencement of this Chapter, it may give a direction under this subsection if it considers a longer release supervision period necessary for the purpose of preventing the commission by the offender of further offences and of securing his rehabilitation.
(4) A direction under subsection (3) above shall direct that the offender's release supervision period shall be such period, not more than 50 per cent of the offender's term of imprisonment, as is specified in the direction.
(5) In this section "violent offence" has the same meaning as in Part I of the 1991 Act.").
The noble Baroness said: My Lords, I shall speak also to Amendments Nos. 47, 61, 110, 113, 114, 118, 119, 130 and 131. This group of amendments would increase
The House will recall that a similar amendment was proposed by the noble Lords, Lord McIntosh and Lord Williams, in Committee and they have tabled another for consideration today. Following the debate in Committee I was sympathetic to the amendments and undertook to give the question of extended supervision for violent offenders further consideration, and I have given the matter a good deal of thought. I share the views expressed by all Members of this House that the law should provide greater protection for the public from the most serious offenders. By giving the courts that flexibility we believe that that will be achieved.
The provisions within the Bill for an automatic life sentence for those who commit a serious violent (or sexual) offence for a second time, together with the provisions for extended supervision of sex offenders, will go a long way towards achieving that aim. But I accept that there may be a small number of very serious offenders who would not fall within the scope of those provisions and for whom the standard rate of post-release supervision, set at 25 per cent. of the sentence length for offenders sentenced to 12 months or more, may not be sufficient to prevent their reoffending and secure their rehabilitation.
This group of amendments will address that shortcoming; the provisions for extended supervision of some violent offenders will complement the full package of measures already included in the Bill. The courts will be able to direct at point of sentence that any offender who is sentenced to three years or more in respect of a violent offence should be subject to an extended period of post-release supervision on release. The supervision period would be greater than the standard rate of 25 per cent. but would not exceed 50 per cent. of the sentence length. A violent offence is defined using the definition set out in Section 31 of the Criminal Justice Act 1991:
In making a direction the court would need to be satisfied that an extended period of supervision is necessary to prevent the commission of further offences by the offender and to secure his or her rehabilitation. This provision will provide flexibility to the courts which I believe will be welcomed. The amendment tabled by the noble Lord, Lord McIntosh, is similar to the amendments in my name. However, I believe that there is just a slight difference between us; that is, that the government amendment gives additional clarification for the courts by providing for a test against which the new provision should be used. I believe that
"an offence which leads, or is intended to lead, to a person's death or to physical injury to a person, and includes an offence which is required to be charged as arson (whether or not it would otherwise fall within this definition)".
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