Lord Bellamy:

Moved by Lord Bellamy

That this House do not insist on its Amendment 106 and do agree with the Commons in their Amendments 106A and 106B in lieu—

106A: Clause 48, page 52, line 36, at end insert— “(4) After section 32 insert— “32ZZA Imprisonment or detention for public protection: powers in relation to release of recalled prisoners (1) This section applies where a prisoner to whom section 31A (termination of licences of preventive sentence prisoners) applies—(a) has been released on licence under this Chapter, and (b) is recalled to prison under section 32. (2) The Secretary of State may, at any time after the prisoner is returned to prison, release the prisoner again on licence under this Chapter. (3) The Secretary of State must not release the prisoner under subsection (2) unless satisfied that it is no longer necessary for the protection of the public that the prisoner should remain in prison. (4) Where the prisoner is released under subsection (2), the Secretary of State may determine that, for the purposes of paragraph (c) of section 31A(4H) (automatic licence termination), the prisoner’s licence is to be treated as having remained in force as if it had not been revoked under section 32. (5) The Secretary of State may only make a determination under subsection (4) if the Secretary of State considers that it is in the interests of justice to do so. (6) Where the Secretary of State makes a determination under subsection (4), the Secretary of State must notify the prisoner. (7) In this section, “preventive sentence” means— (a) a sentence of imprisonment or detention in a young offender institution for public protection under section 225 of the Criminal Justice Act 2003 (including one passed as a result of section 219 of the Armed Forces Act 2006), or (b) a sentence of detention for public protection under section 226 of the Criminal Justice Act 2003 (including one passed as a result of section 221 of the Armed Forces Act 2006).””

106B: Clause 48, page 52, line 36, at end insert— “Extension of home detention curfew Extension of home detention curfew (1) Section 246 of the Criminal Justice Act 2003 (release of prisoners on licence before required to do so) is amended as follows. (2) In subsection (1), after “fixed-term prisoner” insert “, other than one to whom section 244ZA, 244A, 246A, 247, 247A or 247B or paragraph 4 or 24 of Schedule 20B applies,”. (3) In subsection (4)— (a) omit paragraphs (a) to (ab); (b) after paragraph (ab) insert— “(ac) the prisoner is one to whom section 244ZA would apply if— (i) section 244ZA(4)(c), (5)(c) and (6)(c) were omitted, (ii) the reference in section 244ZA(5)(a) to section 262 of the Sentencing Code were read as including a reference to section 96 of the PCC(S)A 2000, and (iii) the reference in section 244ZA(6)(a) to section 250 of the Sentencing Code were read as including a reference to section 91 of the PCC(S)A 2000,”; (c) in paragraph (g) for “at any time” substitute “during the currency of the sentence”; (d) for paragraph (ga) substitute— “(ga) the following apply— (i) the prisoner has been released on licence under this section in relation to a previous sentence and has been recalled to prison under section 255(1)(a) (and the revocation of the licence has not been cancelled under section 255(3)), and (ii) the requisite custodial period in relation to the previous sentence ended less than 2 years before the day on which the current sentence began, (gb) the following apply— (i) the prisoner has been released on licence under section 34A of the Criminal Justice Act 1991 in relation to a previous sentence and has been recalled to prison under section 38A(1)(a) of that Act (and the revocation of the licence has not been cancelled under section 38A(3) of that Act), and (ii) the requisite custodial period in relation to the previous sentence ended less than 2 years before the day on which the current sentence began,”; (e) omit paragraph (ha) (but not the “or” at the end of it). (4) Omit subsection (4ZA).”

Motions B to H agreed.