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Examination of witnesses. Committee adjourned till the 19th June. Written evidence reported to the House.
Examination of witnesses. Committee adjourned till the 19th June. Written evidence reported to the House.
To ask the Secretary of State for Justice, what mechanisms are in place to monitor compliance with (a) licence conditions and (b) restraining orders for early-released offenders in Wiltshire; and what steps she takes to respond to breaches.
To ask the Secretary of State for Justice, what mechanisms are in place to monitor compliance with (a) licence conditions and (b) restraining orders for early-released offenders in Wiltshire; and what steps she takes to respond to breaches.
This Government inherited prisons days from collapse. We had no choice but to take decisive action to stop our prisons overflowing and keep the public safe.
Eligibility under SDS40 is determined by law and we exempted a number of offences from the measure. Unlike the previous Government’s ECSL scheme, we excluded certain offences connected to domestic abuse. SDS40 offence exclusions include specified offences linked to domestic abuse irrespective of sentence length including stalking, coercive or controlling behaviour and non-fatal strangulation. Our exclusions send a very clear message about how seriously domestic abuse is taken by this Government, which was elected on a landmark pledge to halve violence against women and girls over the next decade. Tackling domestic abuse is a core part of this mission.
However, there is no one offence for domestic abuse, meaning it was not possible to exempt all domestic abusers.
To safeguard victims and their families, SDS40 was introduced with an eight-week implementation period, clear offence-based exclusions, and extensive coordination across the Criminal Justice System. Offenders released under SDS40 are subject to strict licence conditions and close supervision by probation services. Any breach of these conditions can result in immediate recall to custody. We will also recruit a further 1,300 trainee probation officers by March 2026 to ensure probation has the right resource to supervise high risk offenders and meet the growing demands of our justice system.
We have published SDS40 release data as part of the quarterly Offender Management Statistics, in line with the Lord Chancellor’s commitment to transparency: Standard Determinate Sentence (SDS40) release data - GOV.UK.
To ask the Secretary of State for Justice, if she will make an assessment of the potential merits of excluding violent offenders who have breached lifetime restraining orders while in custody from the early release scheme.
To ask the Secretary of State for Justice, if she will make an assessment of the potential merits of excluding violent offenders who have breached lifetime restraining orders while in custody from the early release scheme.
Certain offences have been excluded from SDS40. This includes serious violent offences with a sentence of four years or more; specified offences linked to domestic abuse irrespective of sentence length (including stalking, coercive or controlling behaviour and non-fatal strangulation), and sex offences irrespective of sentence length.
To keep the public safe, we have kept the measures under review and acted immediately to address a small number of anomalies in the legislation. This means that anyone convicted of a breach of restraining order, breach of sexual harm prevention order, and breach of a stalking protection order would not be released early under SDS40.
Any increased risks shown by an offender’s custodial behaviour, such as behaviour that breaches a lifetime restraining order, will inform the licence conditions and risk management plans put in place by Probation practitioners for that offender’s release once they have served the custodial part of their sentence.
To ask the Secretary of State for Justice, how many offenders released on licence at the 40% point of their sentence were convicted of (a) one and (b) more than one breach of restraining orders.
To ask the Secretary of State for Justice, how many offenders released on licence at the 40% point of their sentence were convicted of (a) one and (b) more than one breach of restraining orders.
The Government inherited a crisis in our criminal justice system, with prisons on the point of collapse. As a result, we were forced to take the difficult but necessary step to move certain release points for prisoners serving eligible standard determinate sentences (SDSs) from 50% to 40%.
Public protection is our priority, so we have important exclusions from this change, notably certain serious violent, sexual, national security and domestic abuse connected offences. These exclusions included the Breach of Restraining Order (BoRO) offence under Section 363 of the Sentencing Act 2020 passed by the previous Government.
It became clear that a repealed piece of legislation was being incorrectly used in a small number of cases. This created an anomaly, which meant 37 offenders were released under a repealed offence. These 37 offenders have now been returned to custody.
Data on SDS40 releases forms a subset of data intended for future publication.
To ask the Secretary of State for Justice, for what reason each prisoner who was released under the revised terms of the early release scheme and had previously breached a restraining order was released.
To ask the Secretary of State for Justice, for what reason each prisoner who was released under the revised terms of the early release scheme and had previously breached a restraining order was released.
Certain offences are excluded from the SDS40 change. Exclusions included the Breach of Restraining Order (BoRO) offence under Section 363 of the Sentencing Act 2020.This offence replaced an older offence in Section 5 of the Protection from Harassment Act 1997, which was repealed on the commencement of the Sentencing Act 2020 on 1 December 2020. At that point the new Sentencing Act offence should have been used.
However, our assurance work uncovered that since December 2020, offenders have been charged and sentenced under this repealed offence. This means the 1997 Act was being used incorrectly and this created an anomaly.
We took rapid action, and all 37 offenders have been returned to prison. Every victim affected and currently in the Victim Contact Scheme or Victim Notification scheme has been contacted.
All prisoners in custody with this offence recorded against them have been reviewed to ensure there are no further releases in error.
To ask the Secretary of State for Justice, whether he (a) is taking and (b) plans to take steps to assess the efficacy of restraining orders in preventing repeat incidents of domestic violence (i) in minority ethnic communities and (ii) generally.
To ask the Secretary of State for Justice, whether he (a) is taking and (b) plans to take steps to assess the efficacy of restraining orders in preventing repeat incidents of domestic violence (i) in minority ethnic communities and (ii) generally.
Restraining orders play an important role in ensuring that victims are appropriately protected, and feel safer, particularly within the context of repeated and/or escalating behaviour that disproportionately impacts women and girls, such as domestic abuse.
They are one of several existing protective orders that can be used in cases of domestic abuse to protect a victim, such as Non-Molestation Orders, Stalking Protection Orders, and Domestic Violence Protection Orders.
Abusers who breach restraining orders face tough penalties including jail time. Where a restraining order is breached, CPS guidance encourages prosecutors to consider whether a new course of conduct is present and, if so, to ensure that it is prosecuted in addition to the breach in question.
Safeguarding victims of all crimes, and particularly from those such as domestic abuse is a priority for this Government. That is why we are going further to protect victims of domestic abuse by piloting a new Domestic Abuse Protection Order from Spring 2024 which will give courts the power to impose exclusion zones, curfews, and electronic monitoring tags on abusers. The order will be independently evaluated to understand its effectiveness in protecting all victims.
Lords committee stage sixth day. Clauses 39 to 42 agreed to. Schedule agreed to. Clauses 43 to 47 agreed to.
Lords committee stage sixth day. Clauses 39 to 42 agreed to. Schedule agreed to. Clauses 43 to 47 agreed to.
Moved by
Lord Ponsonby of Shulbrede
133: After Clause 38, insert the following new Clause—
“Major incidents: duty of candour
(1) In discharging their duties in relation to a major incident, public authorities and public servants and officials must at all times act within their powers—
(a) in the public interest, and
(b) with transparency, candour...
Moved by
Lord Ponsonby of Shulbrede
133: After Clause 38, insert the following new Clause—
“Major incidents: duty of candour
(1) In discharging their duties in relation to a major incident, public authorities and public servants and officials must at all times act within their powers—
(a) in the public interest, and
(b) with transparency, candour...
My Lords, there is an urgent need to introduce the duty of candour for those operating across public services such as policing, health, social care and housing. A duty of candour would place a legal requirement on organisations to approach public scrutiny—including inquiries and inquests into state-related deaths—in a candid...
My Lords, there is an urgent need to introduce the duty of candour for those operating across public services such as policing, health, social care and housing. A duty of candour would place a legal requirement on organisations to approach public scrutiny—including inquiries and inquests into state-related deaths—in a candid...
My Lords, I rise to speak to this amendment to which I have added my name. I declare my interest as co-chair of the national police ethics committee.
Before turning to the amendment, I follow other noble Lords by recording the deep gratitude of both myself and many in the Church...
My Lords, I rise to speak to this amendment to which I have added my name. I declare my interest as co-chair of the national police ethics committee.
Before turning to the amendment, I follow other noble Lords by recording the deep gratitude of both myself and many in the Church...
My Lords, I have signed the amendment and it is a pleasure to follow the noble Lord, Lord Ponsonby, and the right reverend Prelate the Bishop of Manchester.
The 2013 Francis report set out the failings of the Mid Staffordshire hospital trust, explaining exactly why there needed to be a duty...
My Lords, I have signed the amendment and it is a pleasure to follow the noble Lord, Lord Ponsonby, and the right reverend Prelate the Bishop of Manchester.
The 2013 Francis report set out the failings of the Mid Staffordshire hospital trust, explaining exactly why there needed to be a duty...
My Lords, I thank the noble Lord, Lord Ponsonby, and all noble Lords who have spoken to this amendment, which would place a statutory duty of candour on all public authorities, public servants and officials in relation to a major incident. This is, if I may say so, a modified...
My Lords, I thank the noble Lord, Lord Ponsonby, and all noble Lords who have spoken to this amendment, which would place a statutory duty of candour on all public authorities, public servants and officials in relation to a major incident. This is, if I may say so, a modified...
It is good to see the Minister back in his place; we are pleased to have him back and I am very grateful for his comments. He mentioned the Post Office. I spoke about the importance of culture and making sure that things do not happen. While he is absolutely...
It is good to see the Minister back in his place; we are pleased to have him back and I am very grateful for his comments. He mentioned the Post Office. I spoke about the importance of culture and making sure that things do not happen. While he is absolutely...
Yes, the Government recognise that up to a point. What we are discussing is the right way to get there. The Government are not convinced that this statutory amendment is the right way, but there are other ways of doing it, through our codes and the provisions that we have...
Yes, the Government recognise that up to a point. What we are discussing is the right way to get there. The Government are not convinced that this statutory amendment is the right way, but there are other ways of doing it, through our codes and the provisions that we have...
I thank all noble Lords who have spoken in this short debate. The noble Baroness, Lady Brinton, summed it up, really: while this is a probing amendment, it is about changing the culture and behaviour of organisations. I was talking to my noble friend Lady Thornton during this debate. She...
I thank all noble Lords who have spoken in this short debate. The noble Baroness, Lady Brinton, summed it up, really: while this is a probing amendment, it is about changing the culture and behaviour of organisations. I was talking to my noble friend Lady Thornton during this debate. She...
Moved by
Lord Ponsonby of Shulbrede
133A: Clause 40, page 37, line 15, after “must,” insert “on behalf of the United Kingdom Government,”
Moved by
Lord Ponsonby of Shulbrede
133A: Clause 40, page 37, line 15, after “must,” insert “on behalf of the United Kingdom Government,”
My Lords, I too have signed Amendment 133A, which is a probing amendment and states that the Secretary of State will be acting on behalf of the United Kingdom Government when they establish the body to administer the compensation scheme for victims of the infected blood scandal.
Amendment 133B stipulates that...
My Lords, I too have signed Amendment 133A, which is a probing amendment and states that the Secretary of State will be acting on behalf of the United Kingdom Government when they establish the body to administer the compensation scheme for victims of the infected blood scandal.
Amendment 133B stipulates that...
My Lords, I start by recognising that one of the people who wanted to speak to this amendment is not in his place. The noble Lord, Lord Cormack, told me he was going to speak, and his death over the weekend leaves a large gap, not just in Parliament but...
My Lords, I start by recognising that one of the people who wanted to speak to this amendment is not in his place. The noble Lord, Lord Cormack, told me he was going to speak, and his death over the weekend leaves a large gap, not just in Parliament but...
My Lords, I apologise for not having been in the Chamber at Second Reading.
Thousands of people have died because of Governments’ and officials’ lies and obfuscation about the contaminated blood scandal. This Government, and every Government for the past 40 years, should be ashamed. Perhaps this Government should be more...
My Lords, I apologise for not having been in the Chamber at Second Reading.
Thousands of people have died because of Governments’ and officials’ lies and obfuscation about the contaminated blood scandal. This Government, and every Government for the past 40 years, should be ashamed. Perhaps this Government should be more...
My Lords, before I begin, I too pay tribute to the late Lord Cormack. He was a consummate parliamentarian, but he was also my friend, and he taught me so much when I arrived in the House. Equally, he gave terrific support on disability issues; on every occasion, he was...
My Lords, before I begin, I too pay tribute to the late Lord Cormack. He was a consummate parliamentarian, but he was also my friend, and he taught me so much when I arrived in the House. Equally, he gave terrific support on disability issues; on every occasion, he was...