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Proceeding contribution from Baroness Butler-Sloss (Crossbench) in the House of Lords on Monday, 3 March 2008. It occurred during Committee of the Whole House (HL) and Debate on bill on Criminal Justice and Immigration Bill.


Criminal Justice and Immigration Bill

On the first of the three amendments in this group, which I support, it crossed my mind that if the Government stay firm on the period of two years it might be that one should look at proposed new subsection (2A) in Clause 111(3) and see whether it is appropriate to have the phrase, ““exceptional circumstances which justify””. Certainly, as a lawyer, the phrase ““exceptional circumstances”” means exactly what it says: circumstances which should be very rare. The psychiatric disability of someone who has been in prison for more than 10 years, has had that corroding element of knowing that he or she is innocent and is then released, may mean that they go to ground. They may not be capable of making the application until they get into the hands of a psychotherapist. It may be that if this came up on a number of occasions, the circumstances could not be said to be ““exceptional””. There is nothing really all that unusual about having a psychiatric problem if you have been unjustly imprisoned for more than 10 years. Would the Government consider saying something such as, ““if the Secretary of State considers it appropriate””, rather than ““exceptional circumstances””?


Secondary information

Type
Proceeding contribution
Reference
699 c882 
Session
2007-08
Chamber / Committee
House of Lords chamber
Subjects
Children Compensation Criminal proceedings Administration of justice Homosexuality Fines Discrimination Pornography Prostitution Miscarriages of justice Paedophilia Young offenders Sexuality
Legislation
Criminal Justice and Immigration Bill 2006-07 to 2007-08
Link
View this Proceeding contribution on www.publications.parliament.uk