Imprisonment for Public Protection

Lord Purvis of Tweed Excerpts

Tuesday 16th January 2024 Lords Chamber

[Lord Bellamy (Con)]

My Lords, the House will be aware that the Victims and Prisoners Bill reduces the qualifying licence period from 10 years to three, with the presumption of termination at that point, and automatic termination two years thereafter if there is no recall in the meantime. A recent report by His Majesty’s Inspectorate of Probation found that in none of the cases examined was the recall inappropriate but that, in some cases, further additional support in the community might have avoided the need for recall. That has led to a number of recommendations, all of which the Government have accepted.

[Lord Purvis of Tweed (LD)]

My Lords, when I served on the Justice Committee in the Scottish Parliament, I recall that Scotland chose a different path from England and Wales when the sentences were introduced by the Labour Government in 2005, and it was right that they were abolished in 2012. The UN rapporteur’s figures make very sobering reading, stating that 97% of those still imprisoned are now two years beyond the tariff and 46% are 10 years beyond the tariff, with rehabilitation having been designed as an integral part of the sentencing. What are the obstacles for the Government in implementing the recommendations of the Justice Committee in the Commons, endorsed by the UN rapporteur, for resentencing and rehabilitation now being put forward? What are the obstacles to this happening, so we can finally put to bed what has been a very sorry exercise?

[Lord Bellamy (Con)]

My Lords, I think I have explained this matter several times before to your Lordships but, in brief, the situation is this. We have 1,200 prisoners who have never been released. Almost all of those have come several times before the Parole Board, which each time has decided that they are not safe to release. Any resentencing exercise would inevitably either aim at or result in possibly a thousand persons being released who are not safe to release. The cohort includes many violent and sexual offenders, who are particularly difficult to manage in the community. The Government feel that they cannot take that risk and should not raise expectations but manage the situation by preparing the remaining prisoners for safe release.