Previous Section Back to Table of Contents Lords Hansard Home Page


The Lord Advocate (Lord Hardie) moved Amendment No. 287A:


After Clause 89, insert the following new clause--
(" .--(1) Section 16 of the Crime and Punishment (Scotland) Act 1997 (designated life prisoners) shall have effect and shall be deemed always to have had effect with the amendments made by subsections (2) and (3) below.
(2) In subsection (2), at the beginning, there shall be inserted the words "Except in a case to which subsection (3A) or (3B) below applies,".
(3) After subsection (3), there shall be inserted the following subsections--
"(3A) This subsection applies in a case where a person--
(a) was sentenced, prior to 20th October 1997, in respect of a murder committed by him before he attained the age of 18 years; and
(b) has been released on licence, other than under section 3 of the 1993 Act, whether before or on that date.
(3B) This subsection applies in a case where a person--
(a) was sentenced, prior to 20th October 1997, in respect of a murder committed by him before he attained the age of 18 years; and
(b) has been released on licence, other than under section 3 of the 1993 Act, after that date without his case having been considered under subsection (2) above.
(3C) In a case to which subsection (3A) or (3B) applies, Part I of the 1993 Act shall apply as if the person were a designated life prisoner, within the meaning of section 2 of that Act, whose licence had been granted under subsection (4) of that section on his having served the designated part of his sentence.".
(4) Where, prior to the commencement of this section, a certificate has been issued under subsection (2) of section 16 of the Crime and Punishment (Scotland) Act 1997 in respect of a case to which subsection (3A) of that section applies, the certificate shall be disregarded.").

The noble and learned Lord said: In moving this amendment I shall also speak Amendment No. 307A. For all its complex appearance, Amendment No. 287A has a simple purpose, which can be summed up simply. It is to make good an omission from the transitional provisions contained in Section 16(2) of the Crime and Punishment (Scotland) Act 1997 dealing with persons sentenced for murder committed while they were under the age of 18. This amendment aligns them with the earlier transitional provisions made for discretionary life prisoners contained in the Prisoners and Criminal Proceedings (Scotland) Act 1993 in order to avoid possible unfairness to prisoners in a small number of cases.

The amendment deals with under 18 years of age murderers who have already been released on licence. The 1997 Act gives under 18 years of age murderers who come within the definition of designated life prisoners the right to a review by the Parole Board for Scotland. The Parole Board (Scotland) Rules 1993, as amended, constitute the Parole Board for Scotland as a court for this purpose once the offenders have served the designated part of their sentence, as certified by the Lord Justice General.

Under the current transitional provisions of the 1997 Act, an under 18 years of age murderer who has already been released under the statutory provisions which

3 Mar 1998 : Column 1180

pre-dated the coming into effect of the relevant provisions of the 1997 Act must have a designated part certified by the Lord Justice General in order that the new provisions governing his release can apply to him. That is notwithstanding that at the time he was first released the Secretary of State and the then Lord Justice General considered that he had served a sufficient period to satisfy the criminal justice requirements for punishment and general deterrence.

Therefore, this amendment would provide that where an under 18 years of age murderer has been released by the Secretary of State under the pre-1997 Act procedures, he will be deemed to have served the designated part of his sentence for the purposes of the new procedures. That means that the Lord Justice General does not require to set a designated part and arrangements thereby mirror the transitional arrangements made for discretionary life prisoners. The amendment further provides that in any relevant case in which the Lord Justice General has made a certificate setting the designated part, it shall be disregarded. This ensures that all the transitional prisoners gain the benefit of the amendment. To that extent the amendment provides for retrospective application.

Amendment No. 307A is consequential to the new arrangements. I beg to move.

On Question, amendment agreed to.

Clause 90 agreed to.

Clauses 92 to 94 agreed to.

Schedule 7 [Minor and consequential amendments].

Lord Falconer of Thoroton moved Amendment No. 288:


Page 100, line 14, at end insert ("or paragraph 3 of Schedule 4 to that Act (breach of requirements of reparation order or action plan order)"").

The noble and learned Lord said: In moving this amendment I shall speak also to Amendments Nos. 289 to 298 inclusive and Amendments Nos. 301, 302, 304 to 306; 308 to 311; 323, 330, 333 and 340 to 345 inclusive. This group of 29 government amendments contains minor and consequential amendments to Schedule 7, as it relates to England and Wales, to Clause 96 and to Schedule 9. The Schedule 9 amendments, which are Amendments Nos. 323, 330 and 333, are all consequential on the amendments to Schedule 7. I do not want to take up the time of the Committee by going through these minor and technical amendments one by one although I can, of course, expand on any individual amendment should the Committee so wish. Suffice it to say that these minor and consequential amendments to existing legislation are necessary either as a consequence of earlier government amendments to the Bill or to make changes consequential upon provisions in the Bill, which were overlooked when the Bill was first produced or to correct errors in existing legislation. I beg to move.

On Question, amendment agreed to.

3 Mar 1998 : Column 1181

Lord Falconer of Thoroton: moved Amendments Nos. 289 to 298:


Page 100, line 14, at end insert--
(" . In section 58 of that Act (power of Secretary of State to send certain young offenders to approved schools), for the words "subsection (2)", in both places where they occur, there shall be substituted the words "subsection (3).").
Page 100, line 39, leave out ("under 18 years of age").
Page 100, line 43, at end insert--
("4A.--(1) In subsection (1) of section 49 of that Act (persons unlawfully at large), for the words from "imprisonment" to "secure training centre" there shall be substituted the words "imprisonment or custody for life or ordered to be detained in secure accommodation or in a young offenders institution".
(2) In subsection (2) of that section--
(a) for the words from "imprisonment" to "secure training centre" there shall be substituted the words "imprisonment, or ordered to be detained in secure accommodation or in a young offenders institution"; and
(b) for the words from "in a prison" to "secure training centre" there shall be substituted the words "in a prison or remand centre, in secure accommodation or in a young offenders institution".
(3) After subsection (4) of that section there shall be inserted the following subsection--
"(5) In this section "secure accommodation" means--
(a) a young offender institution;
(b) a secure training centre; or
(c) any other accommodation that is secure accommodation within the meaning given by section 62(7) of the Crime and Disorder Act 1998 (detention and training orders)."").
Page 101, line 8, after ("Wales)") insert--
("(a) in paragraph (b), for the words "section 53(2)" there shall be substituted the words "section 53(3)"; and
(b)")
Page 102, line 14, leave out ("and "of a probation order" shall cease to have effect") and insert ("shall cease to have effect and for the words "the supervision of a probation officer" there shall be substituted the word "supervision"").
Page 103, line 10, leave out ("In") and insert ("After").
Page 103, line 11, leave out from ("sentences)") to end of line 14 and insert ("there shall be inserted the following subsection--
"(6A) Where in respect of a conviction a detention and training order was made under section 60 of the Crime and Disorder Act 1998, the rehabilitation period applicable to the sentence shall be--
(a) in the case of a person aged fifteen years or over at the date of his conviction, five years if the order was, and three and a half years if the order was not, for a term exceeding six months;
(b) in the case of a person aged under fifteen years at the date of his conviction, a period beginning with that date and ending one year after the date on which the order ceases to have effect."").
Page 103, line 21, at end insert--
(" . In paragraph 8(1) of Schedule 1 to that Act (persons entitled to bail: supplementary provisions), after the words "subsection (6)(d)" there shall be inserted the words "or (e)"").
Page 103, line 26, leave out ("(2)") and insert ("(1)(a)").
Page 103, line 27, after ("offence),") insert ("for the words "that subsection" there shall be substituted the words "subsection (3) of that section".
(2) In subsection (2) of that section,").

3 Mar 1998 : Column 1182

On Question, amendments agreed to.


Next Section Back to Table of Contents Lords Hansard Home Page