Criminal Justice and Immigration Bill

I apologise for being slightly slow in getting to my feet; I was expecting rather more interest in this than was the case. The noble Lord, Lord Thomas of Gresford, has explained his amendment very ably, as ever. The effect of the amendment would be that a violent offender order could not be imposed on an individual convicted of a specified offence or found not guilty by reason of insanity or disability more than 10 years previously even if they were considered to pose a risk of serious violent harm in the present day. As we explained when addressing this issue, the primary aim of the violent offender order is to protect the public from the risk of serious violent harm. I am sure that noble Lords will accept that risk is a dynamic concept. In some cases an individual may commit a violent crime once but then never present a risk of serious violent harm again. In other cases an individual's risk level may fluctuate over time. We know that there is no one-size-fits-all approach to risk management. Management and supervision must instead always be targeted on the specific risk, the risky individual and the context within which they are behaving. It is precisely that issue that the noble Lord, Lord Thomas of Gresford, seeks to explore through the amendments. The Government's view of the matter is very simple and straightforward. Should a violent offender order be imposed in respect of an individual who was convicted of an offence more than 10 years ago, but who is considered still to pose a risk of serious violent harm in the present day? Absolutely; that is vital for public protection. However, should a violent offender order be imposed in respect of an individual who was convicted of an offence more than 10 years ago but who has lived a totally blameless life since? Absolutely not, in terms of public protection.