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COMMONS AMENDMENT

88
Clause 97, page 82, line 18, leave out ("or could be").

Lord Williams of Mostyn: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 88. This is a technical amendment to change a tense. I beg to move.

Moved, That the House do agree with the Commons in their Amendment No. 88.--(Lord Williams of Mostyn.)

On Question, Motion agreed to.

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COMMONS AMENDMENT


89
Clause 97, page 82, line 20, at end insert ("if--
(a) the sentences were passed on the same occasion; or
(b) where they were passed on different occasions, the person has not been released under Part II of the 1991 Act at any time during the period beginning with the first and ending with the last of those occasions."").

Lord Williams of Mostyn: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 89.

Moved, That the House do agree with the Commons in their Amendment No. 89.--(Lord Williams of Mostyn.)

On Question, Motion agreed to.

COMMONS AMENDMENT

90
After Clause 99, insert the following new clause--
(". In section 24 of the Criminal Law (Consolidation) (Scotland) Act 1995 (detention and questioning by customs officers), in subsection (4)--
(a) for the words from "he" to "be" there shall be substituted the words "and is"; and
(b) after the word "detention" there shall be inserted the words ", the period of six hours mentioned in subsection (2) above shall be reduced by the length of that earlier detention".").

Lord Hardie: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 90. With this amendment, with the leave of the House, I shall speak also to Amendment No. 99.

This is a minor amendment designed to bring the powers of Customs officers to detain and question suspects into line with those already enjoyed by the police in Scotland. I beg to move.

Moved, That the House do agree with the Commons in their Amendment No. 90.--(Lord Hardie.)

On Question, Motion agreed to.

COMMONS AMENDMENT

91
After Clause 99, insert the following new clause--
Early release in Scotland: two or more sentences

(".--(1) After section 1 of the 1993 Act there shall be inserted the following section--
"Application to persons serving more than one sentence.

1A. Where a prisoner has been sentenced to two or more terms of imprisonment which are wholly or partly concurrent and do not fall to be treated as a single term by virtue of section 27(5) of this Act--
(a) nothing in this Part of this Act shall require the Secretary of State to release him in respect of any of the terms unless and until the Secretary of State is required to release him in respect of each of the other terms;
(b) nothing in this Part of this Act shall require the Secretary of State or the Parole Board to consider his release in respect of any of the terms unless and until the Secretary of State or the Parole Board is required to consider his release or the Secretary of State is required to release him, in respect of each of the other terms; and

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(c) where he is released on licence under this Part of this Act, he shall be on a single licence which-- (i) shall (unless revoked) remain in force until the date on which he would (but for his release) have served in full all the sentences in respect of which he has been so released; and
(ii) shall be subject to such conditions as may be specified or required by this Part of this Act in respect of any of the sentences."
(2) After subsection (7) of section 16 of the 1993 Act (orders for return to prison on commission of further offence) there shall be inserted the following subsection--
"(8) Where a prisoner has been sentenced to two or more terms of imprisonment which are wholly or partly concurrent and do not fall to be treated as a single term by virtue of section 27(5) of this Act, the date mentioned in subsection (1)(a) above shall be taken to be that on which he would (but for his release) have served all of the sentences in full."
(3) For subsection (5) of section 27 of the 1993 Act (interpretation of Part I) there shall be substituted the following subsection--
"(5) For the purposes of any reference, however expressed, in this Part of this Act to the term of imprisonment or other detention to which a person has been sentenced or which, or any part of which, he has served, consecutive terms and terms which are wholly or partly concurrent shall be treated as a single term if--
(a) the sentences were passed at the same time; or
(b) where the sentences were passed at different times, the person has not been released under this Part of this Act at any time during the period beginning with the passing of the first sentence and ending with the passing of the last."
(4) In sub-paragraph (1) of paragraph 6B of Schedule 6 to the 1993 Act (aggregation of old and new sentences)--
(a) for the words "a prisoner" there shall be substituted the words "an existing prisoner";
(b) the word "and" after head (a) shall cease to have effect; and
(c) in head (b), for the words "that date" there shall be inserted the words "the date on which section (Early release in Scotland: two or more sentences) of the Crime and Disorder Act 1998 comes into force"; and
(d) after head (b) there shall be inserted the following--
"; and
(c) he has not at any time prior to the passing of the sentence or sentences mentioned in head (b) above been released from the sentence or sentences mentioned in head (a) above under the existing provisions."
(5) After that paragraph there shall be inserted the following paragraph--
"6BB.--(1) This paragraph applies where--
(a) an existing prisoner was, at the relevant date, serving a sentence or sentences of imprisonment, on conviction of an offence, passed before that date;
(b) on or after the date on which section (Early release in Scotland: two or more sentences) of the Crime and Disorder Act 1998 comes into force he is, or has been, sentenced to a further term or terms of imprisonment on conviction of an offence, to be served wholly or partly concurrently with the sentence or sentences mentioned in head (a); and
(c) the sentences do not fall to be treated as a single term by virtue of paragraph 6B(2)(a) above.

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(2) In a case to which this paragraph applies the Secretary of State shall not release, or be required to consider the release of, the prisoner unless and until the requirements for release, or for consideration of his release, of the new and the existing provisions are satisfied in relation to each sentence to which they respectively apply.
(3) In a case to which this paragraph applies the Parole Board shall not be required to consider the release of the prisoner unless and until the requirements for release, or for consideration for release, of the new and the existing provisions are satisfied in relation to each sentence to which they respectively apply.
(4) In a case to which this paragraph applies, where the prisoner is released on licence, he shall be on a single licence which--
(a) shall (unless revoked) remain in force until the later of--
(i) the date on which he would have been discharged from prison on remission of part of his sentence or sentences under the existing provisions if, after his release he had not forfeited remission of any part of that sentence under those provisions; or
(ii) the date on which he would (but for his release) have served in full all the sentences in respect of which he was released on licence and which were imposed after the relevant date; and
(b) shall be deemed to be granted under the new provisions and, subject to sub-paragraph (5) below, those provisions so far as relating to conditions of licences, and recall or return to prison shall apply as they apply in respect of a prisoner on licence in respect of a sentence passed after the relevant date.
(5) In the application of section 16 to a person whose licence is deemed to be granted under the new provisions by virtue of sub-paragraph (4)(b) above, the reference to the original sentence (within the meaning of that section) shall be construed as a reference to the further term or terms mentioned in head (b) of sub-paragraph (1) above."
(6) Subject to subsection (7) below, the amendments made by subsections (1) to (5) above apply where one or more of the sentences concerned was passed after the commencement of this section.
(7) Where the terms of two or more sentences passed before the commencement of this section have been treated, by virtue of section 27(5) of, or paragraph 6B of Schedule 6 to, the 1993 Act, as a single term for the purposes of Part I of that Act, they shall continue to be so treated after that commencement.
(8) In relation to a prisoner released on licence at any time under section 16(7)(b) of the 1993 Act, section 17(1)(a) of that Act shall have effect as if after the word "Act" there were inserted the words "or a short term prisoner has been released on licence by virtue of section 16(7)(b) of this Act".").

Lord Hardie: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 91. In speaking to this amendment, I shall, with the leave of the House, speak also to Amendments Nos. 92, 97, 100, 101, 170, 178 to 185, 187, 196 to 208, 211 to 224 and 234 to 236.

Amendments Nos. 91 and 92, and the majority of the amendments in the group introduce changes for Scotland which relate to sentence calculation and parallel rules about which my noble friend Lord Williams has already informed the House and with which it has agreed. If noble Lords wish, I should be happy to rehearse the background. Failing that, I beg to move.

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Moved, That the House do agree with the Commons in their Amendment No. 91.--(Lord Hardie.)

On Question, Motion agreed to.


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