§ Amendments made: No. 5, in page 3, line 48, leave out 'and'.
§
No. 6, in page 3, line 54, at end insert:
and
(e) a sentence of cashiering or of discharge with ignominy or dismissal with disgrace from Her Majesty's service, or a sentence of imprisonment involving dismissal with disgrace from Her Majesty's service'.
§ No. 7, in page 4, line 10, at end insert:
| 'Any sentence of detention in respect of a conviction in service disciplinary proceeding. | Seven years. |
| A sentence of dismissal from Her Majesty's service. | Seven years'. |
§ No. 35, in page 4, line 15, leave out '(7)' and insert '(7B)'.—[Mr. Alexander W. Lyon.]
§ Mr. Robert HughesI beg to move Amendment No. 8, in page 4, leave out lines 21 and 22.
§ Mr. Deputy SpeakerWith this we are to take Amendment No. 18, in page 5, line 35, leave out 'passed by a court-martial' and insert:
'in a young offenders institution in Scotland'.
§ Mr. HughesClause 3 provides for a standard rehabilitation period of seven years for any sentence of detention in a young offenders' institution in Scotland. We think that that is unsatisfactory.
The parallel to be drawn with the treatment of offenders under sentence of detention in a young offenders' institution in Scotland is that of the treatment of a young person under sentence of imprisonment in England and Wales. The omission of lines 21 and 22 removes the detention in a young offenders' institution from Table B.
The words to be inserted in Amendment No. 18 do not replace those deleted in any real sense. Detention ordered by a court martial is now dealt with by Table A, under a different clause. The words inserted equate detention in a Scottish young offenders' institution with imprisonment for the purposes of the clause, and the rehabilitation period varies with the length of sentence accordingly.
§ Amendment agreed to.
§ Amendments made:
§ No. 9, in page 4, line 37, after 'applicable' insert '(b)'.
§
No. 10, in page 4, line 38, after 'offence' insert
'and
(b) to the discharge by a children's hearing under section 43(2) of the Social Work (Scotland) Act 1968 of the referral of a child's case;'—[Mr. Robert Hughes.]
§ Mr. Alexander W. LyonI beg to move Amendment No. 11, in page 4, line 42, leave out from 'probation' to 'whichever' in line 53 and insert
'the rehabilitation period applicable to the sentence shall be one year from the date of conviction or a period beginning with that date and ending when the order for condi-
| "(3) Without prejudice to subsection (2) above, where in respect of a conviction a person was conditionally discharged or placed on probation and after the end of the rehabilitation period applicable to the conviction in accordance with subsection (1) or (2) above he is dealt with, in consequence of a breach of conditional discharge or probation, for the offence for which the order for conditional discharge or probation order was made, then, if the rehabilitation period applicable to the conviction in accordance with subsection (2) above (taking into account any sentence imposed when he is so dealt with) ends later than the rehabilitation period previously applicable to the conviction, he shall be treated for the purposes of this Act as never having become a rehabilitated person in respect of that conviction, and the conviction shall for those purposes be treated as never having become spent, in relation to any period falling before the end of the new rehabilitation period." |
§ and the amendments to that amendment:
- (a), in line 9, leave out 'never' and insert 'not'.
- (b), in line 10, leave out 'never' and insert 'not'.
§ Mr. LyonAmendment No. 11 is a drafting amendment which simplifies the existing provisions. If an offender is dealt with for the original offence, following a breach of a probation order or a conditional discharge, he will attract, by virtue of Clause 4(2), the rehabilitation period appropriate to the new sentence, so there is no need to make the shorter period provided by the subsection conditional on his not being so dealt with.
The same arguments do not apply to binding over, but it seems preferable to opt for clarity rather than try to make special provision for recognisance and bonds of caution.
Amendment No. 21 covers the situation where the offender commits a breach of a probation order or conditional discharge and is dealt with and sentenced for the original offence after the date on which the original rehabilitation period would otherwise have expired. This matter was raised in Committee by the hon. Member for Chislehurst (Mr. Sims) and we have tried to meet the point in the amendment.
If, on the second occasion, the offender receives a sentence carrying a longer rehabilitation period—revoked from the date of the original conviction—than the earlier sentence attracted, the conviction is deemed never to have become spent. This has the effect of extending the habilitation period to cover the time between
§ tional discharge or probation order or (as the case may be) the recognizance or bond of caution to keep the peace or be of good behaviour ceases or ceased to have effect'.
§ Mr. Deputy SpeakerWith this we are to take Amendment No. 21, in Clause 4, page 6, line 15, leave out subsection (3) and insert:
§ the expiry of the original order and the offender's subsequent appearance in court. It is clearly undesirable to have a situation where a rehabilitation period in respect of a sentence may be terminated and subsequently revived, and that situation is avoided as a result of this amendment.
§ Amendment agreed to.
§ Amendments made: No. 12, in page 4, line 56, leave out 'orders was made' and insert 'sentences was imposed'.
§ No. 13, in page 4, line 70, leave out 'or'.
§
No. 14, in page 5, leave out lines 1 to 3 and insert:
'or
(f) a supervision requirement under any provision of the Social Work (Scotland) Act 1968;
the rehabilitation period applicable to the sentence shall be one year from the date of conviction or a period beginning with that date and ending when the order or requirement ceases or ceased to have effect, whichever is the longer.—[Mr. Alexander W. Lyon.]
§ Mr. Robert HughesI beg to move Amendment No. 15, in page 5, line 22, leave out from ' discharger to end of line 26 and insert:
'(b) an order for detention during Her Majesty's pleasure under section 88 of the Lunacy (Scotland) Act 1857, section 2 of the Trial of Lunatics Act 1883 or section 3(3) of the Criminal Appeal (Scotland) Act 1926; or(c) an order for detention in or admission to hospital under section 3(3) of the said Act of 1926, section 63 of the Mental Health (Scotland) Act 1960, section 5(1) of the Criminal Procedure (Insanity) Act 1964 or section 6(1) or 14(1) of the Criminal Appeal Act 1968'.
§ Mr. Deputy SpeakerIt will be convenient to take with this amendment Government Amendment No. 16.
§ Mr. HughesThis amendment represents an expansion of the Bill as drafted in respect of the orders relating to mentally disordered offenders which attract the rehabilitation period specified in this subsection. The new additions are mainly Scottish. Amendment No. 16 is a consequential amendment. If any hon. Member requires clarification on this point I shall be glad to assist.
§ Amendment agreed to.
§ Amendments made: No. 16, in page 5, line 30, after 'detention' insert 'or for detention in'.
§
No. 17, in page 5, line 32, at end insert:
'(7A) The rehabilitation period applicable to a finding in respect of any act or omission which was the subject of service disciplinary proceedings—
or, where an order is made in respect of any such finding, the rehabilitation period applicable to the order, shall be the period of five years from the date of the finding or, where the finding was made on appeal, from the date of the original conviction, or a period beginning with that date, and ending two years after the end of any period during which that person was kept in custody during Her Majesty's pleasure by virtue of the finding or (as the case may be) by virtue of the order, whichever is the longer.(7B) Where in respect of a conviction an order was made imposing on the person convicted any disqualification, disability, prohibition or other penalty, the rehabilitation period applicable to the sentence shall be a period beginning with the date of conviction and ending on the date on which the disqualification, disability, prohibition or penalty (as the case may be) ceases or ceased to have effect'.
§
No. 18, in page 5, line 35, leave out 'passed by a court-martial' and insert:
'in a young offenders institution in Scotland'.—[Mr. Robert Hughes.]
§ 12.45 p.m.
§ Mr. Robert HughesI beg to move Amendment No. 19, in page 5, line 51, at end insert:
(8A) References in this section to the period during which a probation order, or a care 1974 order or supervision order under the Children and Young Persons Act 1969, or a supervision requirement under the Social Work (Scotland) Act 1968, is or was in force include references to any period during which any order or requirement to which this subsection applies, being an order or requirement made or imposed directly or indirectly in substitution for the first-mentioned order or requirement, is or was in force.This subsection applies—The effect of this amendment is to make sure that there is not premature rehabilitation of certain orders or requirements when persons are moving between Scotland and England, or vice versa, or when they are moving from Great Britain into Ireland. To illustrate the effect, take a supervision order in England on a child who moves into Scotland, and whose case is referred by the English court to the Scottish authorities—the reporter and the children's hearing. If they make a supervision requirement which means really a continuation of the English order, then, although the English order itself has lapsed and the rehabilitation period would therefore expire, this clause means that the rehabilitation period will continue until the derivation order—the Scottish supervision requirement—comes to an end.
- (a) to any such order or requirement as is mentioned above in this subsection;
- (b) to any order having effect under section 25(2) of the said Act of 1969 as if it were a training school order in Northern Ireland; and
- (c) to any supervision order made under section 72(2) of the said Act of 1968 and having effect as a supervision order under the Children and Young Persons Act (Northern Ireland) 1950".
The reason for this amendment is to prevent the wiping out of sentences without full rehabilitation periods simply because of cross-border moves. It may be argued that there is another "sentence" in the new country and that there is little practical loss; but, on the other hand, if there are a few moves and trace is lost individuals might rather too readily avoid rehabilitation periods.
§ Amendment agreed to.
§ Amendment made: No. 20, in page 5, line 54, leave out "(7)" and insert "(7B)".—[Mr. Robert Hughes.]