Clause 18
Criminal Justice and Immigration Bill
4:30 pm
David Hanson (Minister of State, Ministry of Justice; Delyn, Labour)
Again, I hope that there is an element of commonality between both Front Benches in the sense that I, too, want to ensure that the decisions taken are correct and proper, and that a potential offender who will lose their liberty has the right to have their case reviewed later. Under the clause, all recalled offenders are entitled to be notified of the reasons for their recall and to see material on which that recall decision is based. Their case will also be referred to the independent Parole Board so that the recall can be reviewed, and the Parole Board has the power to direct that such prisoners are immediately re-released.
The question arising from the amendment is whether a Lord Chief Justice, or a judge appointed by him, should authorise the recall of life-sentence prisoners before that process occurs. In my opinion—I accept that it is only my judgment—the possibility for that judicial oversight before the recall occurs would cause delay and, perhaps, some great difficulties in managing the system. It could also put the public at risk.