We will operate an analysis of how it will deliver the benefits we envisage in the most cost-effective way. We are committed to undertaking this further development work in a collaborative and open way. It will be vital to get the new model right and to ensure that those with an interest in how this will work, including Parliament, are kept informed and have an opportunity to offer views on what is being proposed.
The fact that the Bill is silent on the precise workings of the recall adjudicator does not mean that the process will be devoid of safeguards. The Bill already makes provision for the Secretary of State to make rules regarding the way in which the recall adjudicators work. These rules will be made by statutory instrument, allowing for further parliamentary scrutiny. Ultimately, the protection of the public remains at the heart of any decision to release—or not to release—a prisoner from custody. That is why we will ensure that there is a robust system of selection and appointment of recall adjudicators. I have already indicated that it is our intention that such appointments would be filled by people with significant criminal justice experience.
In answer to the noble Lord, Lord Beecham, we have certainly not ruled out the possibility of using magistrates. The feasibility of using magistrates is very much a matter for consideration. Of course, they will be magistrates with significant and appropriate experience in criminal justice—not every magistrate—and they would be given rigorous and appropriate training before being allowed to perform the role of recall adjudicator. But there is in the magistracy a great deal of experience, and it would be unwise to rule out the possibility of using appropriately experienced and trained magistrates for that purpose. A solid foundation of knowledge and experience will be complemented by this training, as well as by guidance and oversight by the chief recall adjudicator.
The noble Lord, Lord Beecham, also asked about legal aid. He effectively asked whether recalled offenders would be denied legal aid under these proposals. The answer is that legal aid will still be available. For once, I can give a satisfactory answer, I think, to the noble Lord, Lord Beecham.
The Government are absolutely determined to ensure that all the necessary safeguards are in place before we implement these changes. I hope that this demonstrates to the noble and learned Lord our commitment to ensuring a fair, impartial and robust process for prisoners that does not put the public at risk.
Returning to the final point of the amendment tabled by the noble and learned Lord, which was about costs, he will understand that we are committed to ensuring that the new model is as cost-effective and efficient as possible. There is no question that we will have to achieve overall savings and benefits in the criminal justice system as a whole. It will do this primarily by diverting determinate recall cases away from the Parole Board, processing them in a quicker and less resource-intensive way, and by allowing the board to focus on making inroads into the backlog of indeterminate sentence cases, thereby avoiding delays in hearings and release decisions, which in turn has an impact on prison numbers.
We will, therefore, carry out a careful analysis of the costs and benefits of the new process as part of the development of the model and plan to publish a further impact assessment when that work has been done. The Government are willing to share that analysis as the model is developed, and I have already undertaken to consult the Parole Board as we go along and to provide a report for Parliament. I hope therefore that with the assurance I have given about the Government’s commitment to ensuring that adequate safeguards are in place, to working closely with the Parole Board and to providing Parliament with a report, I can persuade the noble and learned Lord to withdraw his amendment.
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