Legal Aid, Sentencing and Punishment of Offenders Bill

Debate between Lord Dholakia and Lord Beecham

Thursday 9th February 2012 Lords Chamber

[Lord Dholakia]

My Lords, I can assure my noble friend the Minister that this is a reasonable amendment from a reasonable Liberal Democrat.

The purpose of the amendment is twofold. It would retain the current position whereby prisoners serving extended sentences are released after serving half their sentence, but it would also give the Minister an opportunity to explain the reasoning behind the provision in the Bill that offenders with extended sentences should in future have to serve two-thirds of the custodial term in custody before release compared with serving half the term, as they do at present.

Up to now, the point of an extended sentence has not been to increase the period that offenders spend in custody. Extended sentences are intended to make sure that, when offenders who pose a risk to the public are released, they are subject to a longer period than usual of post-release supervision on licence. This means that they are subject to restrictive conditions and controls at the same time as being provided with constructive, rehabilitative help. If offenders breach a condition on their licence, they can be recalled to prison. It is a very useful provision that means that society maintains control over the offender’s behaviour for a long period.

However, let me say where I see the anomalies. First, the Bill increases the time that an offender given an extended sentence spends in prison. This means that the time that he or she spends under supervision will be correspondingly reduced, which does not make much sense. Surely supervision is an essential element for the rehabilitation of offenders. The second anomaly is that, as the Bill stands, a court wishing to impose an extended period of post-release supervision will be able to do so only if it passes a sentence that also increases the length of time spent in custody before release. My noble friend must have an explanation as to why this provision is necessary.

If a judge does not want to increase the time that an offender spends in prison but wants to make sure that he or she has an extended period of supervision on release, why should they not be able to order this as they can under the current provisions for extended sentences?

If the Government are not willing to leave the release point at half the sentence as at present, will my noble friend agree to consider giving courts discretion over the issue? I am sure that this matter can be looked at before Report. In essence, will my noble friend consider amending the Bill so that a court can specify that the offender must serve either half or two-thirds of the sentence in custody depending on the circumstances of the individual case? The Minister and I are agreed on the final outcome that we all desire. Surely my formula will offer this. I beg to move.

[Lord Beecham]

Perhaps the Minister could indicate what assessment has been made of the effect of the new extended sentence provision on prisoner numbers and the time that prisoners will spend in custody, as well as the cost. In so far as the indeterminate sentence will, one hopes, reduce numbers when various changes have been made, this measure is likely, like the mandatory provision, to drive up both numbers and costs. Has an assessment been made of that? If it leads to extra costs, how will the Government manage the process? The noble Lord is to be congratulated on the amendment. The current provisions simply do not make sense in the context of what purport to be the Government’s objectives.