Criminal Justice Act 2003 (Suitability for Fixed Term Recall) Order 2024
Debate between Lord Bellamy and Baroness Jones of Moulsecoomb(9 months ago)
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The Parliamentary Under-Secretary of State, Ministry of Justice (Lord Bellamy) (Con)
My Lords, in October 2023, my right honourable and learned friend the Lord Chancellor said in the other place that the Government would review the use of recall to ensure that the prison system is working effectively and consider how to safely manage any risk posed by offenders, while not having people in prison any longer than necessary. That is the purpose of this statutory instrument.
Recall, as your Lordships know, is a preventive measure available to the Probation Service to bring an offender managed on licence in the community, following release from prison, back into custody. There are two kinds of recall. The first is known as fixed-term recall, which is for a period of 14 days if the offender’s sentence is less than 12 months, or of 28 days if they are serving a sentence of over 12 months. The other is standard recall, where offenders are recalled to prison and remain in custody until the end of their sentence, unless released earlier by the Parole Board.
Unfortunately, pressures on the Parole Board mean that it is sometimes quite a long time before a prisoner’s further release comes up for consideration. In the case of offenders already serving less than 12 months, the delays in the Parole Board might mean that it does not get round to considering their case before they are due for release anyway. This means that in the case of offenders serving less than 12 months, a recall is quite a severe consequence.
Between 2017 and 2023, the number of people in prison on recall rose by about 85%. In that period, there was a major decline in fixed-term recalls—20% in general and 27% for those offenders serving less than 12 months. The purpose of this statutory instrument is to rebalance that situation and mandate the use of fixed-term recall for lower-level offenders—those on less than 12 months, subject to certain exceptions that I will come to—so that they are automatically recalled for 14 days and then rereleased. Of course, they would then remain on licence until the end of their custodial period being served out in the community.
That is the essential purpose of the statutory instrument. I accept that it is against the general background of pressure on the prison estate at the moment but, in the Government’s view, this measure is fully justified in its own right, in fairness to offenders serving less than 12 months and as a way of rebalancing the system in the way I described.
As your Lordships know, probation can recall offenders if their risk while on licence increases because they fail to keep in touch, do not observe the curfew, have been under the influence of alcohol if the conditions forbid alcohol, et cetera. However, as I said, for those serving short sentences, the reality is that one recall might mean that they serve the rest of their sentence, are held in custody for too long, and when they come out they are not on licence as their licence has finished. It is much better, in general, for the short-sentence offenders to remain on licence when they are released back into the community for the balance of the sentence period.
The order will apply to lower-level offenders aged 18 and over serving custodial sentences of fewer than 12 months and assessed as requiring recall. It will not apply to the more serious offenders who are managed under what is known as MAPPA at levels 2 and 3, or those who have been charged with a further serious offence under Schedule 18 to the Sentencing Act 2020.
As my right honourable and learned friend the Lord Chancellor and the noble and learned Lord, Lord Stewart of Dirleton, updated the Houses the other day in their Statements on “Prisons and Probation: Foreign National Offenders”, we are preparing the Probation Service to be ready for increased demand, introducing changes to operating procedures that will allow front-line staff to maximise supervision of the most serious offenders and to deal with intervention and engagement at as early a stage as possible.
I take the opportunity to express our deep gratitude to all those working in the criminal justice system, including in prisons, probation and the police. They deserve enormous credit for their commitment. They are under heavy pressure and managing magnificently. I hope that this statutory instrument will further ease that burden and rebalance the system in the way I hope I have described. I beg to move.
Baroness Jones of Moulsecoomb (GP)
I can sort of see the rationale for this, but it is completely misguided. Every time the Government talk about tougher sentences and being tougher on crime and the causes of crime, they start packing out the prisons. Of course, there is now no capacity. This is a rather cynical move to clear out the prisoners so that we can pack other people in.
I have a much better idea, which I will come to in a moment, but I do not understand why the Government are wafting this statutory instrument through yet find it impossible to do something fairly fast for IPP prisoners. I would like an explanation from the Government.
Part of the problem is that we tend to send people who committed low-level drug abuse crimes to prison. I suggest a constructive way forward, which is that we automatically release anyone in prison for low-level drugs offences, because they are less dangerous to other people and really only dangerous to themselves. Please could we have some rationale about the prison system, which is crumbling with this Government and could be better?
Employment of People with Criminal Convictions
Debate between Lord Bellamy and Baroness Jones of Moulsecoomb(9 months, 3 weeks ago)
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Lord Bellamy (Con)
My Lords, the Government are very keen to allow prisoners release on temporary licence wherever that is possible. I emphasise the work that has gone into preparing prisoners for employment; there is now an employment lead in every one of our 93 prisons, and an employment hub where prisoners can access vacancies, make applications, et cetera. Every prisoner has an ID, a bank account and accommodation arranged when they are being released. There is an employment advisory board in every prison, and these measures are taking effect.
Baroness Jones of Moulsecoomb (GP)
I will be quick. I will just say that I will miss Lord Cormack very much.
There is a section of prisoners—the IPP prisoners, who are imprisoned for public protection—who are constantly being called back to prison, and their mental health is very much under threat; they are a very vulnerable population. Are prisons looking to rehabilitate those prisoners in particular, by preparing them for work?
Lord Bellamy (Con)
My Lords, there is a specific action plan in place for IPP prisoners. The question of whether they are being prepared for work is a little premature because they first have to be prepared for release. We are going to discuss this matter in great detail in the debates on the Victims and Prisoners Bill, and I look forward to further discussions with the noble Baroness.
Prison Capacity
Debate between Lord Bellamy and Baroness Jones of Moulsecoomb(2 years ago)
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Lord Bellamy (Con)
As I think I said earlier, I am sure that a court would always prefer to impose a community sentence if it can.
Baroness Jones of Moulsecoomb (GP)
I would like to correct the Minister. He said in an earlier answer that part of the problem was the barristers’ strike. That is absolutely not true. Part of the problem is that the Government are not funding them properly; that is why we have such a problem. On a wider issue, the Government have started sending climate change protesters to prison for quite long periods of time. I suggest that it would be more appropriate to send the climate criminals to prison and let the protesters out.
Lord Bellamy (Con)
On a point of detail, the Government do not send anyone to prison. These are court decisions.
European Convention on Human Rights
Debate between Lord Bellamy and Baroness Jones of Moulsecoomb(2 years, 5 months ago)
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Lord Bellamy (Con)
I am not in a position to give fatherly advice to anybody. The Government do not support misogynistic or Islamophobic attacks on anyone. I have set out as clearly as I can the Government’s policy, and I shall doggedly pursue that policy unless and until instructed to the contrary.
Baroness Jones of Moulsecoomb (GP)
My Lords, it must be obvious that our suspicion stems from having had a lot of legislation come through this House that has shown no concern for human rights or political freedoms, which is what the ECHR is all about. How can we be sure about the next Prime Minister—a Tory party Prime Minister from the collection of leadership candidates that we are all horrified about?
Lord Bellamy (Con)
The aim of the proposed legislation is to restore public confidence in the UK judiciary, to improve democratic accountability, to strengthen the right to free speech, to preserve the right to jury trial and to better protect journalists’ sources. I defy anyone in this House to vote against those objectives.