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Criminal Justice and Immigration Bill

This group of amendments gives effect to recommendations made by my noble Friend Lord Carter of Coles in his review of prisons published in December, as hon. Members will know. My noble Friend recommended a package of measures to increase the capacity of the prison estate and to develop a more sustainable approach to the use of custody. As the House will recognise, we will always ensure that there are sufficient prison places for serious, dangerous and violent offenders whom the courts judge necessary to commit to custody. In response to Lord Carter's review, my right hon. Friend the Lord Chancellor announced in his statement of 5 December plans to increase prison capacity by 15,000 places by 2012. The need to provide prison places is paramount, but we also need to ensure that both prison and probation resources are properly focused on where they are most needed. My noble Friend Lord Carter put forward five particular measures to help to manage the use of custody. In summary, they are: the reform of public protection sentences to allow greater flexibility in the use of those sentences; the reform of bail legislation to ensure that remand in custody is reserved for serious and dangerous defendants; allowing defendants who comply with the terms of their curfew while on bail to be credited for doing so when sentenced; aligning the release arrangements for prisoners serving sentences under the Criminal Justice Acts of 1991 and 2003; and restricting the availability of community sentences for those convicted of non-imprisonable offences. I hope that I may briefly detain the House with a little detail about each of the provisions. With regard to imprisonment for public protection, new clauses 29 to 35 and new schedule 5 reform public protection sentences as provided for in the Criminal Justice Act 2003. I hope that I can assure the House that those sentences remain a major plank of the Government's public protection policy. However, while those sentences have met their objectives, they have given rise to a number of issues. In particular, the way in which they currently operate means that a very high number of offenders are being channelled into the IPP sentence, many of whom have short tariffs. Indeed, around 30 per cent. of tariffs are less than two years. In visits to prisons during the past few months, I and other colleagues have met many people in the prison system who believe that a difficulty exists when the concept of an indeterminate sentence is coupled with a short tariff. Sentences with such short tariffs are very difficult for the Prison Service to manage. They often put an unprecedented strain on the service, and on the Parole Board, and its workload. The statute must be reformed, and I am grateful to my noble Friend for bringing forward suggestions to that effect. Indeed, Anne Owers, the chief inspector of prisons, has said that the sentences are not targeted on the right offenders. The chairman of the Parole Board has also said that there is a case for review. The changes we propose will not affect availability of IPPs for serious dangerous offenders. The courts will still be able to give IPPs where they are needed, but the current legislation is too prescriptive.