HC Deb 13 December 1979 vol 975 cc1519-20
12. Mr. Fletcher-Cooke

asked the Secretary of State for the Home Department if he will bring into operation the power of the courts to impose partly suspended sentences of imprisonment under section 47 of the Criminal Law Act 1977.

Mr. Brittan

We propose to consider this further in the light of the progress which I hope to see made in reducing the prison population following the May committee's report.

Mr. Fletcher-Cooke

What is the difficulty in bringing this measure in immediately? Would it not be a useful, if minor, way of reducing the prison population, and is it not a weapon that the judges want?

Mr. Brittan

I am in favour of the provision in principle, and I hope that it will be possible to introduce it. The difficulty in introducing the measure immediately is that it is difficult to know the impact that it would have on the prison population. Even if accurate forecasts of the overall impact cannot be obtained, there is reason to believe that it would increase the number of prisoners detained for short periods. Therefore, it is wise to examine the May report recommendations before implementing the proposals, which I fully support.

Mr. Edward Lyons

Is the Minister aware that this provision became law as a result of a weak Labour Government's capitulation to a Conservative new clause in Committee and that I was the only member of the Committee who opposed the alleged reform? Is it not right to say that the only effect of bringing this into law, and the reason why it has so far not been brought into law, is that it will further overcrowd our overcrowded prisons, and would be a retrograde step from the point of view of any penal reform?

Mr. Brittan

I do not accept that view either of the consequences or of the history of this provision. I regard the provision rather as the view of a Committee of the House which, even in the last Parliament, was wise enough to accept and endorse the recommendations put forward by my hon. Friends.

Mr. Lawrence

How soon may we expect the Government to increase the powers of the juvenile courts to deal with persistent juvenile offenders by amending the Children and Young Persons Act 1969, as promised?

Mr. Brittan

It will be done, but I am afraid that we cannot do it this Session.