Police, Crime, Sentencing and Courts Bill

Lord Moylan Excerpts

Lords Hansard - Part 1 & Committee stage
Monday 15th November 2021 Lords Chamber

[Lord Hunt of Kings Heath (Lab)]

My Lords, I shall speak briefly to my Amendment 208C. My noble and learned friend Lord Falconer eloquently introduced it. He took all my best lines—in fact, all my lines—so I will be very brief. This is a very modest amendment. It simply requires a review of the resources and support available for the resettlement and supervision of prisoners serving IPP sentences who are released on licence.

I very much hope the Government will listen to this afternoon’s debate. There is such a powerful force behind these amendments all around the House; it should provide enough cover to the Government to do the right thing. One comes back, time after time, to the comments of the noble and learned Lord, Lord Brown, when he described this situation as the greatest single stain on our criminal justice system. Surely the Government must respond sympathetically to what noble Lords are saying this afternoon.

All I want to do is emphasise what the noble Baroness, Lady Burt of Solihull, said about the Catch-22 situation that applies particularly to those who have been put out on release. First, if those people are honest about the fears and problems they have faced in prison, they can often risk being considered unsafe to be released in the first place. Secondly, if they ask for help with a mental health problem in the community, they could be assessed as being high risk and be recalled to prison. It is an extraordinary situation. If they enter into a new intimate relationship, they do so in the knowledge that an upset partner could make false accusations which would result in recall. How are people meant to live in that situation? As the authors of the Prison Reform Trust report say—it is an extraordinary and moving piece of work—it is hard to imagine how any of us could hold on to our sanity and self-belief in this situation. I plead with the Government to take note and be sympathetic to the plight of these people.

[Lord Moylan (Con)]

My Lords, I shall speak to Amendment 208D in my name. I am grateful to the noble Lords who have lent it their support.

At Second Reading, I said that I considered it a shame to this country that there were still prisoners serving indeterminate sentences for the public protection. I do not propose to elaborate on this today, although I associate myself with the remarks made by noble Lords in the debate so far.

Some amendments in this group are probing amendments, but Amendment 208D seeks to change the law in a way which is helpful to the Government. It does not concern those in prison under an IPP, only those living in the community on licence; that is, those who have already been found by the Parole Board to be safe for release without presenting a threat to public safety. As noble Lords have described, currently these persons are potentially subject to a lifelong licence. They can be recalled to prison for a breach of the licence conditions at any point while the licence is in force. The only way in which the licence can be terminated is for the individual to apply to the Parole Board for a licence review after the expiry of the qualifying period. This is currently set at 10 years. The Government have stated that, in future, they wish these reviews to be automatic, and not to require an application from the prisoner.

On 21 July, in response to a Question for Written Answer from the noble Lord, Lord Blunkett, my noble friend Lord Wolfson of Tredegar said:

“From September this year, officials will refer automatically to the Parole Board the case of every offender serving the IPP sentence who has become eligible to apply for termination of his/her IPP licence.”


There is a problem. Close examination of the current legislation makes it clear that the review can be undertaken only on the prisoner’s application. Therefore, the Government cannot make an automatic referral to the Parole Board without the prisoner’s active co-operation. This somewhat holes the policy of automaticity. Amendment 208D addresses this deficiency by amending the Crime (Sentences) Act 1997 to require the Secretary of State to make an automatic referral to the Parole Board at the end of the qualifying period. If the application is dismissed, it can be made annually thereafter. The referral does not depend on the acquiescence or collaboration of the prisoner. It allows the Government to do what they have said they want to do. I hope the amendment will command their support. It does not prejudge in any way the decision of the Parole Board on that referral. The decision as to whether or not to terminate the licence remains entirely in its hands.

Noble Lords may wonder why a prisoner entitled to a review at the end of the qualifying period should be slow to make one on his or her own initiative; in other words, why is there a need for automaticity? It certainly seems strange not to apply for a termination of the licence. As noble Lords have explained, a person on licence under an IPP and who commits an offence for which an ordinary criminal might receive a short determinate sentence can be recalled to prison for an indeterminate term.

None the less, there are reasons why IPP prisoners do not apply for a termination of their licence. First, many do not know what the qualifying period is, nor what it means. Nobody is obliged to contact them to tell them. There is evidence of confusion, even among probation officers, as to the rules. In any event, many prisoners out on licence will not be in regular contact with a probation officer, since, although the licence lasts for a minimum of 10 years under the current system, supervision can be terminated after five. Many IPP prisoners out on licence after that many years simply do not want to take the risk of re-engaging voluntarily with a criminal justice system which they believe has treated them so unfairly. Automaticity is good and necessary. The Government agree and I hope this amendment will pass.

There is one more part to the amendment which is easily missed. I referred earlier to a qualifying period after which a review of the licence can be applied for. If this amendment passes, it will take place automatically. The qualifying period is set by law at 10 years. The very last words of the amendment would have the effect of reducing it to five years. As far as I know, this is not government policy. It is, of course, open to my noble friend to accept the part of the amendment dealing with automaticity, while rejecting the reduction in the qualifying period.

I hope that noble Lords will support me in pressing this on the Government. For those IPP prisoners who receive a short minimum term, the 10-year licence period is wholly disproportionate to the term that would have been attached to the equivalent determinate sentence, had one been imposed instead of an IPP. It can hardly be argued that it is necessary for public protection. As I said earlier, under this amendment, the decision whether or not to terminate a licence would remain with the Parole Board. Reducing the qualifying period to five years would simply reduce the length of time after which an individual out on licence would be entitled to a review. These people would be out on licence with the approval of the Parole Board and would have shown themselves to be safe in the community for five years. The number of IPP prisoners out on licence who are recalled after five years is, in any case, very small. Furthermore, the latest available data show that no IPP prisoner committed a serious further offence five years or more post release. Their supervision can be—and often is—terminated after five years.

I believe that everything argues in favour of a reduction in the qualifying period to five years. I hope that the Government will accept this part of the amendment as well. A person in this position—with a track record of living safely in the community for five years—needs the opportunity that we wish for all prisoners: to serve their sentence and return to the community to make a useful contribution to their own and to others’ lives.

[Lord Bradley (Lab)]

My Lords, I shall contribute very briefly to this group of amendments. I fully support the views already expressed. I will not repeat them. I strongly commend the opening speech by my noble friend Lord Blunkett. He set out clearly the direction of travel which this House wishes to take.

I will speak briefly on Amendment 208B, particularly proposed new subsection (2)(b), which the noble Baroness, Lady Burt, has already eloquently described. It states the need for

“an assessment of the welfare and mental health support available to prisoners”—

still serving an IPP sentence—

“including measures to reduce the risk of self-harm and self-inflicted death”.

I declare my interests in the register as trustee and vice-chair of the Prison Reform Trust. Again, I thank it for the excellent work it has done over a number of years in this area, culminating in the report by Edgar, Harris and Webster, entitled No Life, No Freedom, No Future. I think this sums up the mood of the House this evening.