HC Deb 12 April 1961 vol 638 cc412-4
Mr. Renton

I beg to move, in page 30, line 37, to leave out from beginning to "to" in line 40 and to insert: a period equal to one third of the terra of imprisonment. At first sight this looks like a simple drafting Amendment, but I must come clean and say that in certain circumstances it could turn out to be an Amendment of substance. Paragraph 5 of the Schedule provides for the return to prison of the person who fails to comply with an order of supervision, and also lays down the maximum period for which the person may be so returned.

The House will recollect from the terms of Part 1 of the Third Schedule—especially paragraph 5—that the maximum period may be whichever is the shortest of three periods, one of which is the maximum period of remission for good conduct that could be granted in respect of the term of imprisonment to which the person was originally sentenced. In the Bill as reported, the length of that remission is defined by reference to the Rules made under Section 25 of the Prison Act, 1952.

The Amendment will replace that definition by omitting all reference to the period of remission and, instead, will refer simply to a period equal to one-third of the term of imprisonment. That, incidentally, will have the practical advantage of making it unnecessary for a court in, say, Northern Ireland or in Scotland to refer to the English Prison Rules to find out what the maximum period of remission should be.

The effect would be exactly the same as we have in the Bill now so long as the Prison Rules were to remain the same, but, of course, if at some future date the Rules were altered so that instead of one-third remission it was a different proportion of the sentence, we would have been enacting this Measure in less certain manner than we will be by accepting the Amendment which prescribes one-third of the term of imprisonment instead of reference to the Prison Rules. It is not easy to explain, but I hope that I have made it fairly clear.

Miss Bacon

I hope that the rest of the House is a little clearer on this matter than I am. I know that it is getting late and that the hon. and learned Gentleman is tired—and so are we—but perhaps he could explain whether it will mean a different period of remission. Will it be longer or shorter, or is it just that the words are different? I must admit that I did not follow the Under-Secretary in his explanation, and I am quite sure, judging from the look on the faces of many of his hon. Friends, that they did not follow it either.

Mr. Renton

As I say, under the Prison Rules as they are it will mean the same, because those Rules at present say one-third. If, however, at some future date the Rules were to be altered and the period was made different from one-third of the sentence, the effect would be different. As it is, we are enacting on the basis of the present Prison Rules, but making the basis permanent for the purpose of the Schedule.

Amendment agreed to.

Mr. Renton

I beg to move, in page 32, line 4, after "certified" to insert: and, if the term of imprisonment which he was serving until his release is stated in the notice of supervision, shall be evidence of the length of that teem". Paragraph 12 of the Third Schedule provides, among other things, that in any proceedings for an order of recall … a certificate purporting to be signed by or on behalf of the Prison Commissioners and certifying … that a notice of supervision was given … in the terms specified in the certificate … shall be evidence of the matters so specified … The Amendment provides that if the term of imprisonment which the person was serving until his release is stated in the notice of supervision, that shall be evidence of the length of the term of imprisonment.

Amendment agreed to.

Further Amendment made: In page 32, line 21, to leave out from first "Schedule" to end of line 22.—[Mr. Renton.]

12 m.

Mr. Renton

I beg to move, in page 32, line 24, at the end to insert: 16. For the purposes of Part III of this Act, a person who has been sent back to prison under paragraph 5 or paragraph 10 of this Schedule, and has not been released again, shall be deemed to be serving part of his original sentence, whether or not the term of that sentence has in fact expired. When a person under supervision has been recalled to prison by an order of the court, that order will be served in the country where it is made; but it may be desirable that the person should be transferred to another part of the United Kingdom, or the Channel Islands, or the Isle of Man. It is, however, doubtful whether the provisions as they stand are applicable to persons recalled while under supervision because those provisions are drafted in a way which refers to persons serving sentences of imprisonment. It is not clear that a person recalled is, in fact, a person serving a sentence of imprisonment, and the purpose of this amendment is to make clear that such a person is deemed to be serving part of his original sentence.

Amendment agreed to.

Mr. Renton

I beg to move, in page 32, line 25, to leave out Part II and insert: