"Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9)

– in the House of Lords at 1:00 am on 14th October 2003.

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Votes in this debate

58A In section 10 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (life prisoners transferred to Scotland)—

(a) in subsection (1)—

(i) in paragraph (a), sub-paragraph (i), and the succeeding "or", are omitted, and

(ii) after paragraph (a) (ii) there is inserted "or

(iii) subsections (5) to (8) of section 28 (early release of life prisoners to whom that section applies) of the Crime (Sentences) Act 1997 (c. 43) (in this section, the "1997 Act") apply by virtue of an order made under section 28(2)(b) of that Act (while that provision was in force) or an order made under section 254(2) of, or paragraph 3(1)(a) of Schedule 18 to, the Criminal Justice Act 2003;", and.

(iii) for "28(2)(b) or 82A(2) or paragraph" there is substituted "82A(2), 28(2)(b) or 254(2) or paragraph 3(1)(a) or".

(b) in subsection (5)(b)—

(i) for "the Crime (Sentences) Act 1997" there is substituted "the 1997 Act", and

(ii) after the words "Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)" there is inserted "section 254(2) of, or paragraph 3(1)(a) of Schedule 18 to, the Criminal Justice Act 2003,"." Page 311, line 21, leave out "subsection 3(c)" and insert "in paragraph (c) of the definition of "conviction" in subsection (5)"

Page 312, line 37, leave out from "for" to end of line 38 and insert ""a community punishment order" there is substituted "an unpaid work requirement""

Page 313, line 43, leave out from beginning to "subsection" and insert—

"(1) Section 31(duration and conditions of licences) is amended as follows.

(2) In subsection (3), for the words from "except" onwards there is substituted "except in accordance with recommendations of the Parole Board".

(3) Subsection (4) is omitted.

(4) In" Page 313, line 45, at end insert—

"68A In section 32 (recall of life prisoners while on licence) for subsection (5) there is substituted—

"(5) Where on a reference under subsection (4) above the Parole Board directs the immediate release on licence under this section of the life prisoner, the Secretary of State shall give effect to the direction."" Page 313, line 45, at end insert—

"68B (1) Schedule 1 (transfers of prisoners within the British Islands) is amended as follows.

(2) In paragraph 6, after sub-paragraph (3) there is inserted—

"(4) In this Part of this Schedule—

"the 2003 Act" means the Criminal Justice Act 2003;

"custody plus order" has the meaning given by section 174(4) of that Act;

"intermittent custody order" has the meaning given by section 176(2) of that Act."

(3) In paragraph 8 (restricted transfers from England and Wales to Scotland)—

(a) for sub-paragraph (2)(a) there is substituted—

"(a) sections 232, 235, 237 to 241 and 243 to 249 of the 2003 Act (release on licence of fixed-term prisoners) or, as the case may require, sections 102 to 104 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention and training orders) or sections 28 to 34 of this Act (life sentences) shall apply to him in place of the corresponding provisions of the law of Scotland;

(aa) sections 62 and 64 of the Criminal Justice and Court Services Act 2000 (which relate to licence conditions) shall apply to him in place of the corresponding provisions of the law of Scotland;

(ab) where a custody plus order or intermittent custody order has effect in relation to him, the provisions of Chapters 3 and 4 of Part 12 of the 2003 Act relating to such orders shall also apply to him (subject to Schedule (Transfer of custody plus orders and intermittent custody orders to Scotland or Northern Ireland) to that Act); and",.

(b) for sub-paragraph (4)(a) there is substituted—

"(a) sections 232, 239 to 241 and 243 to 249 of the 2003 Act (duration and conditions of licences for fixed-term prisoners) or, as the case may require, sections 103 and 104 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention and training orders) or sections 31 to 34 of this Act (life sentences) shall apply to him in place of the corresponding provisions of the law of Scotland;

(aa) sections 62 and 64 of the Criminal Justice and Court Services Act 2000 (which relate to licence conditions) shall apply to him in place of the corresponding provisions of the law of Scotland;

(ab) where a custody plus order or intermittent custody order has effect in relation to him, the provisions of Chapters 3 and 4 of Part 12 of the 2003 Act relating to such orders shall also apply to him (subject to Schedule (Transfer of custody plus orders and intermittent custody orders to Scotland or Northern Ireland) to that Act); and", and.

(c) for sub-paragraphs (5) to (7) there is substituted—

"(5) Section 31(2A) of this Act (conditions as to supervision after release), as applied by sub-paragraph (2) or (4) above, shall have effect as if for paragraphs (a) to (c) there were substituted the words "a relevant officer of such local authority as may be specified in the licence".

(4) In paragraph 9 (restricted transfers from England and Wales to Northern Ireland)—

(a) for sub-paragraph (2)(a) there is substituted—

"(a) sections 232, 235, 237 to 241 and 243 to 249 of the 2003 Act (release on licence of fixed-term prisoners) or, as the case may require, sections 102 to 104 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention and training orders) or sections 28 to 34 of this Act (life sentences) shall apply to him in place of the corresponding provisions of the law of Northern Ireland;

(aa) sections 62 and 64 of the Criminal Justice and Court Services Act 2000 (which relate to licence conditions) shall apply to him in place of the corresponding provisions of the law of Northern Ireland;

(ab) where a custody plus order or intermittent custody order has effect in relation to him, the provisions of Chapters 3 and 4 of Part 12 of the 2003 Act relating to such orders shall apply to him (subject to Schedule (Transfer of custody plus orders and intermittent custody orders to Scotland or Northern Ireland) to that Act); and",.

(b) for sub-paragraph (4)(a) there is substituted—

"(a) sections 232, 239 to 241 and 243 to 249 of the 2003 Act (duration and conditions of licences for fixed-term prisoners) or, as the case may require, sections 103 and 104 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention and training orders) or sections 31 to 34 of this Act (life sentences) shall apply to him in place of the corresponding provisions of the law of Northern Ireland;

(aa) sections 62 and 64 of the Criminal Justice and Court Services Act 2000 (which relate to licence conditions) shall apply to him in place of the corresponding provisions of the law of Northern Ireland;

(ab) where a custody plus order or intermittent custody order has effect in relation to him, the provisions of Chapters 3 and 4 of Part 12 of the 2003 Act relating to such orders shall apply to him (subject to Schedule (Transfer of custody plus orders and intermittent custody orders to Scotland or Northern Ireland) to that Act); and",.

(c) for sub-paragraphs (5) to (7) there is substituted—

"(5) Section 31(2A) of this Act (conditions as to supervision after release), as applied by sub-paragraph (2) or (4) above, shall have effect as if for paragraphs (a) to (c) there were substituted the words "a probation appointed for or assigned to the petty sessions district within which the prisoner for the time being resides".

(5) In paragraph 15 (unrestricted transfers: general provisions), sub-paragraph (5) is omitted." Page 313, line 45, at end insert—

"68C In Schedule 2 (repatriation of prisoners to the British Islands) paragraphs 2 and 3 are omitted." Page 317, line 22, at beginning insert "the court is of the opinion"

Page 317, line 25, at end insert—

"93A In section 106 (interaction of detention and training orders with sentences of detention in a young offender institution), subsections (2) and (3) are omitted." Page 317, line 25, at end insert—

"93B After section 106 there is inserted—

"106A INTERACTION WITH SENTENCES OF DETENTION

(1) In this section—

"the 2003 Act" means the Criminal Justice Act 2003;

"sentence of detention" means—

(a) a sentence of detention under section 91 above, or

(b) a sentence of detention under section 219 of the 2003 Act (extended sentence for certain violent or sexual offences: persons under 18).

(2) Where a court passes a sentence of detention in the case of an offender who is subject to a detention and training order, the sentence shall take effect as follows—

(a) if the offender has at any time been released by virtue of subsection (2), (3), (4) or (5) of section 102 above, at the beginning of the day on which the sentence is passed, and

(b) if not, either as mentioned in paragraph (a) above or, if the court so orders, at the time when the offender would otherwise be released by virtue of subsection (2), (3), (4) or (5) of section 102.

(3) Where a court makes a detention and training order in the case of an offender who is subject to a sentence of detention, the order shall take effect as follows—

(a) if the offender has at any time been released under Chapter 6 of Part 12 of the 2003 Act (release on licence of fixed-term prisoners), at the beginning of the day on which the order is made, and

(b) if not, either as mentioned in paragraph (a) above or, if the court so orders, at the time when the offender would otherwise be released under that Chapter.

(4) Where an order under section 102(5) above is made in the case of a person in respect of whom a sentence of detention is to take effect as mentioned in subsection (2)(b) above, the order is to be expressed as an order that the period of detention attributable to the detention and training order is to end at the time determined under section 102(5)(a) or (b) above.

(5) In determining for the purposes of subsection (3)(b) the time when an offender would otherwise be released under Chapter 6 of Part 12 of the 2003 Act, section 236 of that Act (power of Secretary of State to release prisoners on licence before he is required to do so) is to be disregarded.

(6) Where by virtue of subsection (3)(b) above a detention and training order made in the case of a person who is subject to a sentence of detention under section 219 of the 2003 Act is to take effect at the time when he would otherwise be released under Chapter 6 of Part 12 of that Act, any direction by the Parole Board under subsection (2)(b) of section 237 of that Act in respect of him is to be expressed as a direction that the Board would, but for the detention and training order, have directed his release under that section.

(7) Subject to subsection (9) below, where at any time an offender is subject concurrently—

(a) to a detention and training order, and

(b) to a sentence of detention,

he shall be treated for the purposes of the provisions specified in subsection (8) below as if he were subject only to the sentence of detention.

(8) Those provisions are—

(a) sections 102 to 105 above,

(b) section 92 above and section 226 of the 2003 Act (place of detention, etc.), and

(c) Chapter 6 of Part 12 of the 2003 Act.

(9) Nothing in subsection (7) above shall require the offender to be released in respect of either the order or the sentence unless and until he is required to be released in respect of each of them."" Page 328, line 39, leave out from beginning to "(loss" and insert—

"109A The Child Support, Pensions and Social Security Act 2000 is amended as follows.

110 (1) Section 62" Page 329, line 1, at end insert—

"110A In section 64 (information provision), in subsection (6)(a), after "community orders" there is inserted "(as defined by section 170 of the Criminal Justice Act 2003)"." Page 329, line 3, at end insert—

"111A In section 1 (purposes of Chapter 1 of Part 1 of the Act), in subsection (2)—

(a) in paragraph (a), after "community orders" there is inserted "(as defined by section 170 of the Criminal Justice Act 2003)", and

(b) after paragraph (c) there is inserted—

"(d) giving effect to suspended sentence orders (as defined by section 181 of the Criminal Justice Act 2003)."

On Question, amendments agreed to.

Photo of Baroness Scotland of Asthal Baroness Scotland of Asthal Minister of State, Home Office, Minister of State (Home Office) (Criminal Justice and Offender Management)

moved Amendment No. 230ZZA:

Page 329, line 3, at end insert—

"111B (1) Section 62 (release on licence etc: conditions as to monitoring) is amended as follows.

(2) For subsection (3) there is substituted—

"(3) In relation to a prisoner released under section 236 of the Criminal Justice Act 2003 (power to release prisoners on licence before required to do so), the monitoring referred to in subsection (2)(a) does not include the monitoring of his compliance with conditions imposed under section 242 of that Act (curfew condition)."

(3) In subsection (5) after paragraph (e) there is inserted ", and

(f) a sentence of detention under section 217 or 219 of the Criminal Justice Act 2003"."

On Question, amendment agreed to.

Schedule 26, as amended, agreed to.

Clause 283 [Interpretation of Part 12]:

Photo of Baroness Scotland of Asthal Baroness Scotland of Asthal Minister of State, Home Office, Minister of State (Home Office) (Criminal Justice and Offender Management)

moved Amendment No. 230ZZB

Page 160, line 41, after "more)" insert "except in Chapter 7"

On Question, amendment agreed to.

Clause 283, as amended, agreed to.

Photo of Baroness Anelay of St Johns Baroness Anelay of St Johns Conservative

moved Amendment No. 230ZA:

After Clause 283, insert the following new clause—

"DUTY OF PROBATION OFFICERS TO CONSULT WITH MAGISTRATES

It shall be the duty of the chief officer of each probation area—

(a) to establish consultation arrangements with local magistrates' courts committees and local communities,

(b) to assist the probation service in the performance of its duties of reducing offending, and

(c) to supervise offenders in the community."

Photo of Baroness Anelay of St Johns Baroness Anelay of St Johns Conservative

I tabled this amendment after receiving representation from the Magistrates' Association. The clause would re-establish local consultation between the probation service and magistrates. The statutory probation liaison committees were killed off following the introduction of the Criminal Justice and Court Services Act 2000. The amendment also introduces an obligation for local probation areas to consult local committees, which are generally considered not too well informed about the work of the probation service.

When this new clause was tabled in another place by one of the Ministers' honourable friends, Mr Graham Allen, we considered carefully whether the duty needed to be put on a statutory footing. The Minister's answer in another place persuaded us that Mr Allen was right to table this new clause and seek a statutory basis for the re-establishment of this local consultation. The Minister at that time referred to guidance which was issued last year. However, the Magistrates' Association has pointed out to us that their experience is that this new clause is still needed despite the well meaning nature of the guidance. I beg to move.

Photo of Lord Bassam of Brighton Lord Bassam of Brighton Government Whip, Government Whip

We well understand the amendment tabled by the noble Baroness and the concerns that have prompted it with the demise of the statutory probation liaison committees following the introduction of the Criminal Justice and Court Services Act 2000.

However, I assure the noble Baroness that joint working continues to be a priority for the National Probation Service. These arrangements were put in place and cemented in guidance issued last year by the probation service, the Lord Chancellor's Department, the Magistrates' Association, the Justices' Clerks' Society and the Association of Justices' Chief Executives and entitled, Working Together—The National Probation Service and the Courts. That guidance promotes communication, understanding and mutual confidence between the courts and the probation service and emphasises that joint working imposes a number of obligations on sentences and probation staff to achieve these ends. It suggests that something like the old probation liaison committees could provide a forum to review working jointly and to plan future events to lead and improve such work.

The purpose of joint working is to achieve better outcomes for all areas in the criminal justice system. This forms part of a wider, long-term communication strategy for sentencers developed by the National Probation Directorate, which aims to engage sentencers both at the local and national level with the work of the probation service. Elements of this include meetings and direct contact with sentencers, the production of information leaflets and videos on new initiatives and seminars and conferences.

Surveys are also being conducted on sentencers as well as the general public to research perceptions of the probation service and its work with offenders, and the issues raised by those will inform future priorities.

We have also set up the new local criminal justice boards, which were introduced in April this year. They bring together the CPS, courts, prison, probation and police services, magistrates and youth offending teams and encourage joint working toward a set of common aims and targets.

The probation service has also developed closer links with the local community. The modernisation of the service has made it more responsive to local needs. The new local probation boards have a more diverse membership and are more closely representative of those local needs. The boards are accountable for delivering a service that reflects local concerns.

The introduction of crime and disorder reduction partnerships has placed a joint duty on local authorities and the police to work in co-operation with other agencies, including the probation service, to formulate and implement a crime and disorder strategy for their area. The partnerships are required to undertake an audit of crime and disorder in their area and to liaise widely with the community on the results to verify that they have identified people's real problems. They then develop and implement a strategy to tackle priority problems.

The need for strong and effective liaison between probation, sentencers and the local community is well understood and taken, but the arrangements that we have identified effectively meet that need. For those reasons, although the new clause is well meaning, it is unnecessary, because we have the appropriate networks and joint working arrangements in place, as I described. I hope that with that, the noble Baroness will feel able to withdraw her amendment.

Photo of Baroness Anelay of St Johns Baroness Anelay of St Johns Conservative

The Minister has described why the Government feel that my amendment is unnecessary. He referred to the guidance issued last year. The point made by the Magistrates' Association is that that guidance is insufficient and that there is still a need for local consultation on a statutory basis. Without that, the process will not be effective. I feel that I have a duty to the Magistrates' Association and its representations and I beg to test the opinion of the Committee.

On Question, Whether the said amendment (No. 230ZA) shall be agreed to?

Their Lordships divided: Contents, 10; Not-Contents, 12.

Division number 5 Private Parking: Ports and Trading Estates — "Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9)

Aye: 8 Members of the House of Lords

No: 10 Members of the House of Lords

Ayes: A-Z by last name

Tellers

Photo of Lord Brabazon of Tara Lord Brabazon of Tara Chairman of Committees, House of Lords 1:26 am, 14th October 2003

As it appears that fewer than 30 noble Lords have voted, in accordance with Standing Order 58 I declare the Question not decided and, pursuant to Standing Order, the House will now resume.

House resumed.

House adjourned at twenty-seven minutes past one o'clock.