HL Deb 21 October 1980 vol 413 cc1799-800

76 Clause 44, page 35, line 42, leave out from 'Where' to end of line 2 on page 36 and insert a person is serving a period of detention in a detention centre when a period is ordered which is—

  1. (a) consecutive to the period being served and the periods together total more than 5 months; or
  2. (b) concurrent with the period being served and is for more than 5 months, the convicted person shall,".

77 Clause 44, Page 36, line 6, at end insert or as the case may be of those concurrent periods '.

The Earl of MANSFIELD

My Lords, I beg to move that the House doth agree with the Commons in their Amendments Nos. 76 and 77 en bloc. New Section 207(9) to the 1975 Act, as contained in Clause 44, deals with the situation of an offender who is sentenced to detention in a detention centre whilst already serving such a sentence. Its intention is to ensure that no one serves a total sentence of more than five months in a detention centre, since the régime is not designed to suit longer terms. However, it has been pointed out to us by Professor G. H. Gordon that the meaning of the phrase "the total period to be served" in new Section 207(9) is not quite clear. It might be taken as meaning the total period of sentence outstanding, rather that (as was intended) the aggregation of the periods actually imposed by the courts. These two amendments remove the ambiguity and thus ensure that no one will serve a total sentence of more than five months in a detention centre.

Moved, That this House doth agree with the Commons in the said amendments. —(The Earl of Mansfield.)

On Question, Motion agreed to.