Moved by
Lord Bellamy
139ZA: Clause 48, page 52, line 18, after “specified” insert “in paragraph (a) or (b) of the definition of “qualifying period””
Member's explanatory statement
This amendment is consequential on my amendment of Clause 48, page 52, line 13, which provides for a shorter “qualifying period” for prisoners only serving preventive sentences imposed in respect of offences for which they were convicted when aged under 18.
139A: Clause 48, page 52, line 27, at end insert—
“(b) after subsection (5A) insert—
“(5B) Subsection (5C) applies where the Secretary of State releases, under subsection (5) above, a prisoner to whom section 31A (termination of licences of preventive sentence prisoners) applies.
(5C) The Secretary of State may determine that, for the purposes of paragraph (c) of section 31A(4H) (automatic licence termination), the prisoner’s licence is to be treated as having remained in force as if it had not been revoked under this section.
(5D) The Secretary of State may only make a determination under subsection (5C) if the Secretary of State considers that it is in the interests of justice to do so.
(5E) Where the Secretary of State makes a determination under subsection (5C), the Secretary of State must notify the prisoner.””
Member's explanatory statement
This amendment enables the Secretary of State, when the Parole Board directs the re-release of a preventive sentence prisoner who is recalled to prison, to disregard the revocation of the prisoner’s licence for the purposes of automatic licence termination under amendments made by Clause 48(2).
139B: Clause 48, page 52, line 27, at end insert—
“(4) After section 32 insert—
“32ZZA Imprisonment or detention for public protection: powers in relation to release of recalled prisoners
(1) This section applies where a prisoner to whom section 31A (termination of licences of preventive sentence prisoners) applies—
(a) has been released on licence under this Chapter, and
(b) is recalled to prison under section 32.
(2) The Secretary of State may, at any time after the prisoner is returned to prison, release the prisoner again on licence under this Chapter.
(3) The Secretary of State must not release the prisoner under subsection (2) unless satisfied that it is no longer necessary for the protection of the public that the prisoner should remain in prison.
(4) Where the prisoner is released under subsection (2), the Secretary of State may determine that, for the purposes of paragraph (c) of section 31A(4H) (automatic licence termination), the prisoner’s licence is to be treated as having remained in force as if it had not been revoked under section 32.
(5) The Secretary of State may only make a determination under subsection (4) if the Secretary of State considers that it is in the interests of justice to do so.
(6) Where the Secretary of State makes a determination under subsection (4), the Secretary of State must notify the prisoner.
(7) In this section, “preventive sentence” means—
(a) a sentence of imprisonment or detention in a young offender institution for public protection under section 225 of the Criminal Justice Act 2003 (including one passed as a result of section 219 of the Armed Forces Act 2006), or
(b) a sentence of detention for public protection under section 226 of the Criminal Justice Act 2003 (including one passed as a result of section 221 of the Armed Forces Act 2006).””
Member's explanatory statement
This amendment enables the Secretary of State to re-release a preventive sentence prisoner who is recalled to prison and to disregard the revocation of the prisoner’s licence for the purposes of automatic licence termination under amendments made by Clause 48(2).