Schedule 14
Criminal Justice and Immigration Bill
12:45 pm
David Burrowes (Shadow Minister, Justice; Enfield, Southgate, Conservative)
This is an opportunity to address the issue of enforcement when the rehabilitation order is breached. I understand that the breach will not be a criminal offence in itself, but that a person may be subject to the same sanctions as those that apply to the crime. Will the Minister provide some reassurance for people who are concerned that a failure to attend a meeting will—indeed, must—lead automatically to the supervisor beginning proceedings against the offender? Will their discretion be properly used when dealing with people who often have chaotic lifestyles and may miss a date or be late for a meeting?
The concern is that the detention could last for up to 72 hours and that the cycle of orders may involve a failure-to-attend order, a further order and then prison. Will the Minister explain the procedure that the court will adopt when a breach occurs? Will the offender be entitled to legal representation and a representation order, and will the procedures be based on the Magistrates’ Courts Act 1980 and the court’s rules?
Finally, will the Minister address the issue of adjournments of those hearings, which could lead to the offender being released immediately or remanded in custody? Is there not a risk that the schedule will perpetuate the situation for those who remain in prison, despite the Minister’s remarks that that is what he wishes to avoid?