Criminal Justice and Immigration Bill

Part of the debate – in the House of Lords at 3:45 pm on 3 March 2008.

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Photo of Baroness Butler-Sloss Baroness Butler-Sloss Crossbench 3:45, 3 March 2008

On the first of the three amendments in this group, which I support, it crossed my mind that if the Government stay firm on the period of two years it might be that one should look at proposed new subsection (2A) in Clause 111(3) and see whether it is appropriate to have the phrase, "exceptional circumstances which justify". Certainly, as a lawyer, the phrase "exceptional circumstances" means exactly what it says: circumstances which should be very rare.

The psychiatric disability of someone who has been in prison for more than 10 years, has had that corroding element of knowing that he or she is innocent and is then released, may mean that they go to ground. They may not be capable of making the application until they get into the hands of a psychotherapist. It may be that if this came up on a number of occasions, the circumstances could not be said to be "exceptional". There is nothing really all that unusual about having a psychiatric problem if you have been unjustly imprisoned for more than 10 years. Would the Government consider saying something such as, "if the Secretary of State considers it appropriate", rather than "exceptional circumstances"?