POLICE DETENTION TO COUNT TOWARDS CUSTODIAL SENTENCE

HC Deb 14 May 1984 vol 60 cc24-5

'(1) In subsection (1) of section 67 of the Criminal Justice Act 1967 (computation of custodial sentences) for the words from "period", in the first place where it occurs, to "the offender" there shall be substituted the words "relevent period, but where he".

(2) The following subsection shall be inserted after that subsection—

(1A) In subsection (1) above 'relevent period' means—

1. (a) any period during which the offender was in police detention in connection with the offence for which the sentence was passed; or
2. (b) any period during which he was in custody —

1. (i) by reason only of having been committed to custody by an order of a court made in connection with any proceedings relating to that sentence or the offence for which it was passed or any proceedings from which those proceedings arose; or
2. (ii) by reason of his having been so committed and having been concurrently detained otherwise than by order of a court.".

(3) The following subsections shall be added after subsection

(6) of that section—

"(7) A person is in police detention for the purposes of this section—

1. (a) at any time when he is in police detention for the purposes of the Police and Criminal Evidence Act 1984; and
2. (b) at any time when he is detained under section 12 of the Prevention of Terrorism (Temporary Provisions) Act 1984.

(8) No period of police detention shall be taken into account under this section unless it falls after the coming into force of section (Police detention to count towards custodial sentence) of the Police and Criminal Evidence Act 1984.".'. — [Mr. Hurd.]

Brought up, and read the First time.

3.45 pm

The Minister of State, Home Office (Mr. Douglas Hurd)

I beg to move, That the clause be read a Second time.

Mr. Speaker

It will be convenient with this motion to discuss Government amendments Nos. 263 and 267.

Mr. Hurd

This is the first of a substantial number of Government new clauses and amendments, which fall into two main categories. The first meets undertakings given in Committee. As the right hon. Member for Manchester, Gorton (Mr. Kaufman) reminds us from time to time, we had 59 sittings of the Committee, during which Ministers listened and responded, I hope, constructively, and I do not doubt that the Bill will be improved substantially as the result of the contributions from right hon. and hon. Members on both sides of the Committee. The second category is the result of our own domestic efforts to clarify and improve drafting. Those with experience will acknowledge that, in a Bill of this size and complexity, this should be a continuous process. It has produced a large number of minor clarifications which I hope that the House will find useful.

New clause 3 amends section 67 of the Criminal Justice Act 1967 and thus carries out an undertaking and meets a point originally raised by my hon. and learned Friend the Member for Burton (Mr. Lawrence). The effect is that any time spent in police detention in connection with an offence will count towards a custodial sentence later imposed for that offence. At present, no time spent by a person under arrest at a police station before charge and before his first appearance in court counts towards a sentence passed later. We have come to the conclusion that this is not fair.

Amendment No. 263 is consequential. Amendment No. 267 amends the long title of the Bill to take account of the change that I have just mentioned—the provisions of new clause 3—and also the additional provisions for duty solicitor schemes at police stations.

Mr. Alfred Dubs (Battersea)

The Opposition welcome the new clause. We see it as a concession to some of the pressure on the Government in Committee. We are glad that they have acknowledged that pressure and that there is a way now in which people held in custody at police stations will have that period counted in their favour.

Question put and agreed to.

Clause read a Second time, and added to the Bill.