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Criminal Justice and Immigration Bill

My Lords, I understand the point about hearsay evidence, but a current risk assessment must be undertaken. That is part of the process. Violent offender orders are intended to protect the public from individuals who are considered to pose a risk of serious violent harm. We know that risk is a highly dynamic and complex concept, presenting itself in different ways, depending on the risky individual and the context in which he or she may be operating. For example, we have already discussed today how the risk of serious violent harm may be targeted at a specific individual or at the wider public. We also know that in some circumstances an individual may commit a violent crime once and never present a risk of serious violent harm again. In other cases, an individual’s risk level may fluctuate over time depending on a variety of influences. What does all that tell us? Simply that our approach to risk management must be sufficiently flexible to allow for those nuances and complexities. Violent offender orders, as currently provided for, give us exactly that flexibility. They allow the court to target management and supervision to the specific risk of the individual and to the quite proper needs of the public. Let us be very clear that violent offender orders will only ever be made on the basis of an up-to-date risk assessment and only when the risk of an individual in the present day is considered to be sufficiently high to warrant further management or supervision. Whether an individual completed their sentence two years ago or 20 years ago is therefore, arguably, irrelevant. All that matters in this consideration is current risk. Government Amendment No. 99A, which we discussed earlier, makes that as clear as possible in the Bill. We need to be able to manage any current risk of serious violent harm, regardless of how it presents itself. That is why we remain unwilling to restrict the definition of a qualifying offender to those who have completed their sentence within the past 10 years, as to do that would mean that we would be unable to manage and supervise individuals whom we know are capable of committing a serious violent offence and who continue to or again present such a risk. It would be highly inappropriate knowingly to leave the public exposed to the risk of serious violent harm. It is for those reasons that we continue to resist the amendments. I urge the noble Lord to withdraw his amendment.