Oral Answers to Questions Debate

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Department: Ministry of Justice

Oral Answers to Questions

Philip Davies Excerpts
Tuesday 11th November 2014

(9 years, 11 months ago)

Commons Chamber
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Mike Penning Portrait Mike Penning
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Being stalked must be an horrendous experience for anybody, and it is important that we look carefully at the legislation and keep the issue under review. In 2013-14, 743 prosecutions were commenced under the new legislation. We agree across the House that stalking is an abhorrent offence, and we should do everything we can to prevent it and prosecute those who perpetrate it.

Philip Davies Portrait Philip Davies (Shipley) (Con)
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10. What proportion of recalls to prison were fixed-term recalls in the latest period for which figures are available.

Andrew Selous Portrait The Parliamentary Under-Secretary of State for Justice (Andrew Selous)
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Between 1 April and 30 June 2014—the latest period for which data are available—there were a total of 4,216 licence recalls. Of those, 42% were fixed-term recalls.

Philip Davies Portrait Philip Davies
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Most people around the country believe and expect that when a criminal is released from prison early, if they commit another offence before the end of their original sentence they will be sent back to prison for at least the full duration of that original sentence. As the Minister has confirmed, however, 42% of recalls are just 28-day fixed-term recalls. In the first nine months of last year, 1,260 burglars were given 28-day fixed-term recalls, instead of serving the full length of their original sentence. Will the Minister revisit that scandal, which alarms many of our constituents and puts them at unnecessary risk of becoming victims of crime?

Andrew Selous Portrait Andrew Selous
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My hon. Friend has taken a long-standing and serious interest in this issue. Fixed-term recalls can be used only when the offender does not pose a risk of serious harm to the public. When recall prisoners are assessed to pose a risk of serious harm to the public, they are given standard recalls to serve the remainder of their sentence in prison, and will be released earlier only if it is safe to do so. Under the Criminal Justice and Courts Bill, offenders who do not comply with their licence and are highly likely to commit further breaches if released are deemed unsuitable for fixed-term recall. We therefore have measures either in place or in the pipeline to exclude high-risk and prolific offenders from fixed-term recalls.

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Simon Hughes Portrait Simon Hughes
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I have not been sat on and I work collaboratively with all my colleagues in the Department. We are committed not only to talking about these things but to doing things. Last month, we introduced a whole set of new provisions that give support to people in the family courts. We have added legal aid for people going to mediation and now for the first mediation. We are reviewing what further steps we can take, and there will be further announcements in due course.

Philip Davies Portrait Philip Davies (Shipley) (Con)
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Is the Secretary of State aware of the expert legal opinion published by the Freedom Association, stating that signing up to the European arrest warrant would render worthless and completely redundant the Government’s opposition to a European Public Prosecutor’s Office? While he is at it, will he tell us when we can have a vote on the European arrest warrant, in place of the farce and shambles we saw yesterday?

Lord Grayling Portrait Chris Grayling
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I am afraid I have not seen that legal advice because both the European Public Prosecutor and the European arrest warrant are Home Office matters rather than Justice matters. That legal advice would not naturally come to me.