Victims and Prisoners Bill - Report (4th Day) – in the House of Lords am 7:13 pm ar 21 Mai 2024.
Pleidleisiau yn y ddadl hon
Moved by Lord Thomas of Cwmgiedd
149A: After Clause 48, insert the following new Clause—“Imprisonment or detention for public protection: release test II(1) This section applies to a prisoner serving a sentence of imprisonment or detention for public protection who has served a period of imprisonment or detention—(a) in excess of the maximum determinate sentence provided by law for the offence or offences for which they were convicted, or(b) 10 years or more beyond the minimum term of their sentence.(2) In the case of a prisoner to whom this section applies—(a) the Secretary of State must by order pursuant to section 128 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (power to change test for release on licence of certain prisoners) direct that, following the prisoner's referral to the Parole Board they will not be released unless the Board is satisfied that, having regard to the proportionality of the term served to the seriousness of the offence or offences of which they were convicted, and any other relevant factors, it is no longer necessary for the protection of the public that they should continue to be confined;(b) section 28ZA of the Crime (Sentences) Act 1997 (public protection decisions) does not apply.”
Lord Thomas of Cwmgiedd
Chair, Consolidation, &c., Bills (Joint Committee), Chair, Consolidation, &c., Bills (Joint Committee)
My Lords, I wish to move this amendment. I thank all who participated in the debate we had a little while ago, but I am moving it because it is necessary to confront and deal with the problem that has occurred by reason of the imposition of IPP sentences and the effect it has had on prisoners, particularly their mental health, of which examples were given during the debate.
The Parole Board can be trusted to make proper decisions. The test will remain the protection of the public, but anyone who has experience of judging risk in relation to prisoners knows it is not an absolute and it is right to give the Parole Board guidance to take proportionality and other factors into account. I therefore wish to test the opinion of the House.
Ayes 91, Noes 192.
Rhif adran 3
Victims and Prisoners Bill - Report (4th Day) — Amendment 149A
Lord Harlech
Lord in Waiting (HM Household) (Whip)
7:30,
21 Mai 2024
My Lords, I beg to move that consideration on Report be adjourned until not before 8:15 pm.
Baroness Williams of Trafford
Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords), Deputy Chairman of Committees, Deputy Speaker (Lords)
My Lords, there is a reason my noble friend has said that. It is in case the debate finishes early.
To be helpful to the House, I will outline the procedure. Given that we are combining two Statements into one today, the length of the Statement repeat has been extended to one hour. That does not take away from what my noble friend has just said. My noble friend Lord Howe will repeat both Statements before 20 minutes of questions from the Opposition Front Benches. The Minister will then respond to 40 minutes of Back-Bench questions. My noble friend Lord Harlech said what he did just in case the debate runs a little short.
Consideration on Report adjourned until not before 8.15 pm.
