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Sentencing: Forfeiture of Motor Vehicles
Lord Hardy of Wath asked Her Majesty's Government:
- Whether they will encourage or enable courts to order the confiscation of motor vehicles when these are used in connection with criminal activity.[HL5240]
Lord Falconer of Thoroton: Section 143 of the Powers of Criminal Courts (Sentencing) Act 2000 provides that a court may order a convicted offender to forfeit any property, either lawfully seized or found in his possession when apprehended for the offence, that was used for the purpose of committing or facilitating the offence.
In specified circumstances, where the offender committed the offence by driving a vehicle, the vehicle may be ordered to be forfeited.
The exercise of these powers is a matter for the courts.
Draft Mental Health Bill
Lord Lucas asked Her Majesty's Government:
- In the context of the draft Mental Health Bill, what evidence they have of the accuracy of predictions of violent behaviour (or the absence of it) by psychiatrists.[HL5313]
Lord Falconer of Thoroton: Research studies have been conducted on the relative accuracy of clinical opinion (i.e. the judgments made by clinical professionals such as psychiatrists and psychologists) in the assessment of violence (including sexual offending) in relation to actuarial or statistical risk prediction tools. The evidence from these studies indicates that statistically based risk prediction tools are more accurate in their predictions than clinical judgment alone. For example, a study by Bonta, Hanson and Law in North America indicated that actuarial risk assessments might be up to three times more accurate than predictions based on only clinical judgment.
More recently there has been a move towards developing risk assessment processes which combine the use of actuarial tools and structured clinical judgment to guide the decision-making process regarding risk of serious offending. Recent international research indicates that this is more effective in prediction than either actuarial tools or clinical judgment, taken on their own.
The assessment process for dangerousness and severe personality disorder, currently being piloted at HM Prison Whitemoor, follows best practice by using a combination of actuarial tools and structured clinical judgment to inform the overall assessment of risk for future violent and sexual offending.
The overall accuracy of this process is currently being evaluated by a group of independent researchers.
Lord Lucas asked Her Majesty's Government:
- In the context of the Mental Health Bill, what proportion of people who under current legislation would fail the treatability test but who might be detained under the terms of the draft Bill, and who have been convicted of a serious offence against the person, have been the subject of a verdict of diminished responsibility in respect of that conviction.[HL5315]
Lord Falconer of Thoroton: This question cannot be answered without disproportionate cost. There is no central record of diminished responsibility pleas on grounds of mental disorder; nor of those which fail by reason of untreatability.
Forecasts derived from the Office for National Statistics Psychiatric Morbidity Survey of Prisoners indicate that 124 persons per annum could fail to be treated under Clause 6 of the Bill as being at substantial risk of causing serious harm to other persons due to a severe personality disorder. Members of this group could fall outside the Mental Health Act 1983 as being untreatable.
Central statistical databases do not hold information on the criminal convictions of all people admitted under the 1983 Act, other than for persons given hospital orders by the courts. It is therefore not possible to offer a breakdown of disposals of offenders with reference to treatability or diminished responsibility.
Road Closures
Lord Brougham and Vaux: asked Her Majesty's Government:
- Whether they will instruct the relevant authorities that in the event of a road closure due to an accident their absolute priority, after dealing with any casualties, must be to reopen the road as soon as possible.[HL5317]
Lord Falconer of Thoroton: This is an operational matter for the police, whose paramount concern must be the protection of the public. As well as ensuring that accident victims are appropriately attend to, the police must be satisfied that the road is safe for use. They also have a duty to investigate accidents and their causes in a professional manner and to gather any appropriate evidence from the scene. Depending on the circumstances, these necessary procedures may unavoidably take some considerable time.
The police are nevertheless fully aware that road closures, particularly those on motorways, are very sensitive issues which can cause considerable inconvenience. They already keep them to an absolute minimum and, where they are necessary, do their best to reopen the road as soon as possible.
Police Driving
Lord Campbell of Croy asked Her Majesty's Government:
- What action they are taking to reduce the number of accidents involving police cars. [HL5318]
Lord Falconer of Thoroton: The Government welcome the efforts that the police are making to try to reduce the number of police vehicle collisions.
The police need to strike a balance between responding promptly to emergencies and apprehending offenders, and ensuring the safety of the public. The Association of Chief Police Officers (ACPO) has ensured that measures are in place or being implemented to reduce the need for high speed pursuits and the risks when such pursuits are necessary.
There is a nationally agreed ACPO Pursuit Code of Practice and work is going forward on a national basis
to implement recommendations from the 1998 Lind report on police pursuit driver training. In December 2000 ACPO launched its new police driver training course, introducing a universal standard for driving in England and Wales. The police also seek to ensure that there are effective management controls and that robust risk assessments are in place to ensure that safety is maintained at all times.Forces are progressing the use of automatic data recorders (ADR) and vehicle accident data recorders (VADR). The VADR is triggered if an impact occurs and can automatically download data referring to a number of issues, including speed, gear changes, braking and the use of blue lights. The ADR gives management information on the vehicle's performance, and in effect both devices operate on a similar basis to the "black boxes" on aircraft. Twelve forces in Britain have already commenced fitting these devices, and a further five forces are considering implementation.
ACPO recognise that there is still work to be done, particularly in terms of researching the reasons underlying the apparent upward trend in police vehicle collisions. The Police Complaints Authority has recently produced a report on this, making a range of helpful recommendations. Discussions have taken place with the Police Complaints Authority, and initial work has been agreed.
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