HL Deb 22 July 1998 vol 592 cc998-9

54 Clause 70, page 56, line 35, leave out ("an aggregate") and insert ("a").

Lord Williams of Mostyn

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 54. It is grouped with Amendments Nos. 55, 57, 85, 86, 89, 95, 142, 156, 161, 162, 164, 227 and 230.

This group of amendments deals with the following circumstances. Amendments Nos. 85 and 86 provide greater clarity over how multiple sentences imposed on a prisoner relate one to another. The courts indicated that they wanted a clear statutory framework. Therefore, these amendments provide that a sentence imposed by a court after a prisoner has been released, but while he is still within the overall term of the original sentence, should not be aggregated with the original sentence or ordered to run consecutively. The new sentence will, however, be aggregated with, and may run consecutively to, any order returned under Section 40.

Where a Section 40 order is passed it will, together with any new sentence for the new offence committed, be treated as a new sentence. Of course, the original sentence will not be displaced and will continue to have effect when it overlaps with or extends beyond the new sentence.

Amendments Nos. 54, 55, 57, 89, 142, 156, 161, 162, 164, 227 and 230 are consequential.

Moved, That the House do agree with the Commons in their Amendment No. 54.—(Lord Williams of Mostyn.)

11 p.m.

Baroness Anelay of St. Johns

My Lords, it will perhaps surprise the House that I wish to respond, but I could not let this group of amendments pass without reflecting on the fact that, in another place, it was the person representing my own constituency who asked the Minister there if he would explain these amendments in layman's terms. The Minister attempted to do so with slightly less success than this Minister. However, unfortunately for me, I have to say that my honourable friend in another place has a greater ability to understand the explanation than I do. Nonetheless, I am sure that we all support the amendments.

On Question, Motion agreed to.