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Home Office

Answer

Mr. Clappison: To ask the Secretary of State for the Home Department, pursuant to his answers of 27 April 1999, Official Report, column 110, 18 May 1999, Official Report, column 295 and 26 May 1999, Official Report, column 149, on home detention curfews, what powers he has to revoke the licences of the 14 curfewees who were charged with an offence during the period of curfew and who remained on home detention curfew. [86058] Mr. George Howarth: The Secretary of State's powers to revoke the licence of any person subject to home detention curfew are set out in section 38A(1) of the Criminal Justice Act 1991, which provides that: "If it appears to the Secretary of State, as regards a person released on licence under section 34A(3) above-- (a) that he has failed to comply with the curfew condition; (b) that his whereabouts can no longer be electronically monitored at the place for the time being specified in that condition; or (c) that it is necessary to do so in order to protect the public from serious harm from him, the Secretary of State may, if the curfew condition is still in force, revoke the licence and recall the person to prison." In addition, on 1 January 1999, the Government implemented section 103 of the Crime and Disorder Act 1998. This means that a curfewee whose original offence was committed on or after 1 January 1999 and who is charged with a new offence committed during the home detention curfew period will be liable to have his licence revoked by the Secretary of State under section 39 of the Criminal Justice Act 1991. The 14 curfewees referred to in the question are not liable to have their licences revoked by the Secretary of State under section 39 of the 1991 Act, as their original offences were committed prior to 1 January 1999, and there are no grounds for recall under section 38A(1) of the 1991 Act. However, breaches of licence conditions not covered by these provisions may be dealt with by the courts under section 38 of the 1991 Act and may result in a fine and/or recall to prison.

Secondary information

Type

Written question

Reference

86058; 333 c58-9W;333 c59W

Session

1998-99

Subjects

Crime Curfews Custodial treatment Electronic tagging Ministerial powers Prisoners Prisoners' release