Clause 3 - Supervision after end of sentence

Part of Offender Rehabilitation Bill [Lords] – in a Public Bill Committee at 12:30 pm on 28 November 2013.

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Photo of Jeremy Wright Jeremy Wright The Parliamentary Under-Secretary of State for Justice 12:30, 28 November 2013

As the right hon. Member for Dwyfor Meirionnydd has made clear, the amendments are designed to give the court a power either to terminate a period of top-up supervision early for good behaviour, or to review it or provide for judicial discretion as to how long it should be in the first place. I want to pick up on some of his points, as well as on those of the hon. Member for Hammersmith, and explain why the Government are not persuaded by the amendments.

I understand and appreciate the thinking behind amendment 21, but it is not necessary to create such a power for the court in relation to top-up supervision. As has been said, a court can, on application, terminate a community order for good progress. That power is in part 3 of schedule 8 to the Criminal Justice Act 2003. That schedule sets out provisions relating to the breach, revocation or amendment of community orders. My main point is that although there are similar characteristics, top-up supervision conditions are not the same as community order requirements. Under the Bill, an offender will receive top-up supervision only if they have been convicted of an offence that merits a custodial sentence of less than two years. The licence and the top-up supervision will flow directly from that sentence, and the court, when imposing the sentence, will be aware of that fact.

As is currently the case for sentences of more than 12 months, the licence period will be imposed automatically by statute. The court will not be able to disapply the licence period, revoke it for good behaviour or set or vary the licence conditions. Top-up supervision will flow from the licence period, albeit with a primary focus on rehabilitation.

Currently, an offender sentenced to 10 years, for example, will spend five years in custody and five years under licence. As I said, there is no provision to review that licence period and no power for the court to  terminate the licence for good behaviour. With specific reference to amendment 48, there is no power for the court to vary the length of the licence period, either.

However, that does not mean that offenders will necessarily be subject to the same degree of supervision during the entire period. If an offender appears to be making progress under licence, or at least does not appear to pose a significant risk of reoffending, it is up to the probation supervisor to decide what level of supervision is required. As an offender progresses through their licence period, the intensity of supervision can be, and often is, stepped down.

The same will be true of top-up supervision. If the offender shows progress and does not appear to need further rehabilitative activities, the provider will not need or, I suggest, want to provide them. The offender or providers will also be able to seek to vary the licence or top-up supervision to reflect a reduced need for specific activities or safeguards. That will mean that the offender can breach only the supervision conditions that remain—for example, the requirement of good behaviour—but will not need to engage in more onerous rehabilitative activities or programmes.