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Lord Thomas of Gresford: My Lords, these provisions are part of the release on licence provisions. Clause 228 states that,
- "the Secretary of State may,
- "(a) release on licence . . . a fixed-term prisoner, other than a prisoner serving a sentence of intermittent custody, at any time during the period of 135 days ending with the day on which the prisoner will have served the requisite custodial period, and
- (b) release on licence under this section a prisoner serving a sentence of intermittent custody when 135 or less of the required custodial days remain to be served".
Subsections (2), (3) and (4) set out provisions where subsection (1)(a) or (b) would not apply. The provisions include—this appears to be the scheme of it—the situation where a prisoner is subject to a hospital or transfer direction and so forth, and where the sentence was imposed in a case where the prisoner has failed to comply with the curfew requirement of a community order.
I wonder whether noble Lords will give me a moment to confer. A certain amount of discussion is taking place behind me, the purport of which I would not dare to reveal to this House, although I am very much tempted to do so.
Baroness Scotland of Asthal: My Lords, if the noble Lord wishes to be discreet at this point, I am sure we will all be very happy.
Lord Thomas of Gresford: My Lords, I think that I am rather obliged to do so.
On Question, amendment agreed to.
Baroness Scotland of Asthal moved Amendment No. 220H:
- Page 132, line 41, leave out "a person serving a sentence of intermittent custody" and insert "an intermittent custody prisoner"
On Question, amendment agreed to.
Clause 231 [Duration of licence]:
Baroness Scotland of Asthal moved Amendment No. 220J:
- Page 133, line 37, leave out from "where" to "is" in line 38 and insert "an intermittent custody prisoner"
On Question, amendment agreed to.
Clause 239 [Additional days for disciplinary offences]:
Baroness Scotland of Asthal moved Amendments Nos. 220K to 220N:
- Page 138, line 15, after "Chapter" insert—
On Question, amendments agreed to.
Baroness Scotland of Asthal moved Amendment No. 220P:
The noble Baroness said: My Lords, this is a formal technical amendment. I beg to move.
On Question, amendment agreed to.
Lord Thomas of Gresford: My Lords, before Amendment No. 221 is called, I must say that the noble Lord, Lord Bassam of Brighton, knows of the reservations that were expressed by the noble and learned Lord, Lord Ackner, about the matter. He may think it preferable that we have a debate on it at the beginning of the next Report day, which is next week. There is only a quarter of an hour to go.
"(aa) any period which he must serve before he can be removed from prison under section (Early removal of prisoners liable to removal from United Kingdom),"
After Clause 240, insert the following new clause—
"PERSONS LIABLE TO REMOVAL FROM THE UNITED KINGDOM
For the purposes of this Chapter a person is liable to removal from the United Kingdom if—
(a) he is liable to deportation under section 3(5) of the Immigration Act 1971 (c. 77) and has been notified of a decision to make a deportation order against him,
(b) he is liable to deportation under section 3(6) of that Act,
(c) he has been notified of a decision to refuse him leave to enter the United Kingdom,
(d) he is an illegal entrant within the meaning of section 33(1) of that Act, or
(e) he is liable to removal under section 10 of the Immigration and Asylum Act 1999 (c. 33)."
After Clause 240, insert the following new clause—
"EARLY REMOVAL OF PRISONERS LIABLE TO REMOVAL FROM UNITED KINGDOM
(1) Subject to subsections (2) and (3), where a fixed-term prisoner is liable to removal from the United Kingdom, the Secretary of State may remove him from prison under this section at any time during the period of 135 days ending with the day on which the prisoner will have served the requisite custodial period.
(2) Subsection (1) does not apply in relation to a prisoner unless—
(a) the length of the requisite custodial period is at least 6 weeks, and
(b) he has served—
(i) at least 4 weeks of his sentence, and
(ii) at least one-half of the requisite custodial period.
(3) Subsection (1) does not apply where—
(a) the sentence is imposed under section 209 or 210,
(b) the sentence is for an offence under section 1 of the Prisoners (Return to Custody) Act 1995,
(c) the prisoner is subject to a hospital order, hospital direction or transfer direction under section 37, 45A or 47 of the Mental Health Act 1983,
(d) the prisoner is subject to the notification requirements of Part 2 of the Sexual Offences Act 2003, or
(e) in the case of a prisoner to whom a direction under section 222 relates, the interval between the date on which the sentence was passed and the date on which the prisoner will have served the requisite custodial period is less than 14 days.
(4) A prisoner removed from prison under this section—
(a) is so removed only for the purpose of enabling the Secretary of State to remove him from the United Kingdom under powers conferred by—
(i) Schedule 2 or 3 to the Immigration Act 1971 (c. 77), or
(ii) section 10 of the Immigration and Asylum Act 1999 (c. 33), and
(b) so long as remaining in the United Kingdom, remains liable to be detained in pursuance of his sentence until he has served the requisite custodial period.
(5) So long as a prisoner removed from prison under this section remains in the United Kingdom but has not been returned to prison, any duty or power of the Secretary of State under section 226 or 230 is exercisable in relation to him as if he were in prison.
(6) The Secretary of State may by order—
(a) amend the number of days for the time being specified in subsection (1) or (3)(e),
(b) amend the number of weeks for the time being specified in subsection (2)(a) or (b)(i), and
(c) amend the fraction for the time being specified in subsection (2)(b)(ii).
(7) In this section "the requisite custodial period" has the meaning given by paragraph (a), (b) or (d) of section 226(3)."
After Clause 240, insert the following new clause—
"RE-ENTRY INTO UNITED KINGDOM OF OFFENDER REMOVED FROM PRISON EARLY
(1) This section applies in relation to a person who, after being removed from prison under section (Early removal of prisoners liable to removal from United Kingdom), has been removed from the United Kingdom before he has served the requisite custodial period.
(2) If a person to whom this section applies enters the United Kingdom at any time before his sentence expiry date, he is liable to be detained in pursuance of his sentence from the time of his entry into the United Kingdom until whichever is the earlier of the following—
(a) the end of a period ("the further custodial period") beginning with that time and equal in length to the outstanding custodial period, and
(b) his sentence expiry date.
(3) A person who is liable to be detained by virtue of subsection (2) is, if at large, to be taken for the purposes of section 49 of the Prison Act 1952 (c. 52) (persons unlawfully at large) to be unlawfully at large.
(4) Subsection (2) does not prevent the further removal from the United Kingdom of a person falling within that subsection.
(5) Where, in the case of a person returned to prison by virtue of subsection (2), the further custodial period ends before the sentence expiry date, section 226 has effect in relation to him as if the reference to the requisite custodial period were a reference to the further custodial period.
(6) In this section—
"further custodial period" has the meaning given by subsection (2)(a);
"outstanding custodial period", in relation to a person to whom this section applies, means the period beginning with the date of his removal from the United Kingdom and ending with the date on which he would, but for his removal, have served the requisite custodial period;
"requisite custodial period", has the meaning given by paragraph (a), (b) or (d) of section 226(3);
"sentence expiry date", in relation to a person to whom this section applies, means the date on which, but for his removal from the United Kingdom, he would have ceased to be subject to a licence."
After Clause 240, insert the following new clause—
"PRISONERS LIABLE TO REMOVAL FROM UNITED KINGDOM: MODIFICATIONS OF CRIMINAL JUSTICE ACT 1991
Part 2 of the Criminal Justice Act 1991 (c. 53) (early release of prisoners) shall (until the coming into force of its repeal by this Act) have effect subject to the modifications set out in Schedule (Prisoners liable to removal from UK: modifications of Criminal Justice Act 1991) (which relate to persons liable to removal from the United Kingdom)."
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