Clause 217 - Meaning of ''fixed-term prisoner''

Part of Criminal Justice Bill – in a Public Bill Committee am 2:30 pm ar 11 Chwefror 2003.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Hilary Benn Hilary Benn Parliamentary Under-Secretary (Home Office) (Minister for Prisons and Probation) 2:30, 11 Chwefror 2003

Let me say to the hon. Member for Somerton and Frome (Mr. Heath)

that if the word ''liable'' was not used, it would suggest that the definition depended on the offender being present in prison. If we stop to think about it, we will realise that that is not always so—for instance, when offenders are released on temporary licence. That is why the word is necessary. The definition of a fixed term of imprisonment encompasses all those serving a sentence for a determinate term and those under the age of 18 serving either an extended sentence for certain violent or sexual offences or a sentence of detention for non-dangerous offenders convicted of a serious offence.

I was much taken by the phrase ''judicial archaeology'' used by my hon. Friend the Member for Nottingham, North (Mr. Allen). For good reasons, the Committee has often been engaged in that. I am at one with my hon. Friend in wishing the public to have a better understanding of how sentencing works. That is why, in those clauses already agreed to, we made provision for the court to explain exactly what a sentence means.

My hon. Friend touched on an important point when speaking of the difference between sentence and custody. People are confused about it. The sentence is the entire period; it consists of the time spend in custody and the period on licence. However, as my hon. Friend knows, if people fail to adhere to their licence conditions, they are liable to recall, which means that they will have to serve the rest of the sentence in custody. I agree with him that the public need a better understanding of how the system works.

I hope that the requirement for the courts to explain sentences and how they work, and some of the other things that we debated earlier such as the work of the Sentencing Guidelines Council, will begin to move us towards what my hon. Friend wants to achieve, with which we all agree—namely, a better understanding of what happens, and why and how it happens.

Question put and agreed to.

Clause 217 ordered to stand part of the Bill.