Clause 50
Policing and Crime Bill
12:45 pm
Evan Harris (Oxford West and Abingdon, Liberal Democrat)
I wish to raise a point on behalf of Justice relating to how the Bill amends to the Extradition Act in relation to the detail of a sentence that has been served. The matter is covered by clause 50, and I believe that the point remains relevant despite the Government’s amendments.
The Bill’s amendments to sections of the Extradition Act would replace the current deferral period, which is until the sentence has been served, with:
“until the person is released from detention pursuant to the sentence (whether on licence or otherwise).”
If a person is released from custody on licence, their sentence has not been served and they are subject to recall. A licence can be made subject to any number of conditions, and where a condition is breached the prisoner can be recalled to prison. Furthermore, the insertion of “or otherwise” is worryingly vague; in that form, it could encompass temporary release. Is the wording as drafted appropriate, since it gives a finite period? Will the Minister comment on that concern?
In a separate point, neither the current provisions nor the Government’s proposals indicate when a judge should exercise his or her power to defer. For example, when a person is already serving a sentence of imprisonment, one could argue that it should not be disrupted unless that person consents or the issuing state agrees to the person serving their sentence in the UK. It is not clear whether the Government are giving the court an indication of what it should do in that respect.