Offender Management Bill

moved Amendment No. 35: 35: After Clause 33, insert the following new Clause— ““Young offenders not to be detained in prisons (1) In section 27(1) of the Criminal Justice Act 1948 (c. 58) (remand of persons aged 17 to 20) omit the words— (a) ““, if the court has been notified by the Secretary of State that a remand centre is available for the reception from the court of persons or his class or description,””, and (b) ““and, if it has not been so notified, it shall commit him to a prison.”” (2) In section 43(2) of the Prisons Act 1952 (c. 52) (remand centres, detention centres and youth custody centres) omit paragraph (c). (3) For section 106 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) substitute— ““106 Interaction with sentences of detention in a young offender institution (1) Where a court passes a sentence of detention in a young offender institution 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 been released by virtue of subsection (2), (3), (4) or (5) of section 102 above, at the beginning of the day on which it is passed; (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. (2) Where a court makes a detention and training order in the case of an offender who is subject to a sentence of detention in a young offender institution, the order shall take effect as follows— (a) if the offender has been released under Part II of the Criminal Justice Act 1991 (early release of prisoners), at the beginning of the day on which it is made; (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 Part. (3) Subsection (1)(a) above has effect subject to section 105(3)(a) above and subsection (2)(a) above has effect subject to section 116(6)(b) below. (4) Subject to subsection (5) below, where at any time an offender is subject concurrently— (a) to a detention and training order, and (b) to a sentence of detention in a young offender institution, he shall be treated for the purposes of sections 102 to 105 above and of section 98 above (place of detention), Chapter IV of this Part (return to detention) and Part II of the Criminal Justice Act 1991 (early release) as if he were subject only to the one of them that was imposed on the later occasion. (5) Nothing in subsection (4) 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. (6) Where, by virtue of any enactment giving a court power to deal with a person in a way in which a court on a previous occasion could have dealt with him, a detention and training order for any term is made in the case of a person who has attained the age of 18, the person shall be treated as if he had been sentenced to detention in a young offender institution for the same term.”” (4) Section 61 of the Criminal Justice and Court Services Act 2000 (c. 43) (abolition of sentences of detention in a young offender institution, custody for life, etc.) is repealed.”” The noble Lord said: My Lords, I make no apology for bringing back the amendment, which was discussed in detail last time. I was not present then and I read with considerable care the comments of the noble and learned Baroness the Attorney-General. I fully understand that there will not yet be a full examination of how 18 to 24 year-olds as an age-group might be considered because that will need establishments for 18 to 24 year-olds and only them, which will obviously take time and expense. In the mean time we have the problem of 18 to 20 year-olds. I accept that there are possible emergencies —something may happen and somebody has to act—but, bearing in mind that they are young offenders, it is not good enough to suggest that they may still go to prison without special being provisions made. I suggest that the Minister should consider requiring that no 18 to 20 year-old may be committed to an adult prison unless ministerial clearance has been given. In other words, if the Prison Service wishes for a particular purpose to put an 18 to 20 year-old in prison, it should do so only for a minimum period and must explain to the Minister why, and must seek ministerial permission to do so. That is one way of controlling the situation. I say that because I will never forget my first visit to Holloway when the governor told me that there were four 15 year-olds in there but that they did not know where they were and that there were no provisions for them. Every time I went into Holloway I saw that there were children there who should not have been there and we have to prevent that. Such as suggestion, which that might not be included in the Bill, could be considered within the Ministry of Justice. It is worth considering. In view of the amendment on which we voted earlier this afternoon, I am glad this amendment has been tabled again. I beg to move.