HL Deb 08 July 1986 vol 478 cc159-62

2.37 p.m.

Lord Boyd-Carpenter

My Lords, I beg leave to ask the Question standing in my name on the Order Paper.

The Question was as follows: To ask Her Majesty's Government whether they have now considered the views of the judges of the Crown Court on the extension of the grant of parole to prisoners sentenced to short terms of imprisonment; and what action they propose to take.

The Parliamentary Under-Secretary of State, Home Office (Lord Glenarthur)

My Lords, we are aware of the concerns that have been expressed by the judiciary about the operation of the parole scheme in respect of prisoners serving short sentences. Against that background, we are looking for ways in which that aspect of the scheme can be improved.

Lord Boyd-Carpenter

My Lords, I thank my noble friend for that encouraging reply. However, is he aware that there is concern that, where someone has been sentenced for a short term, he appears to be automatically released after six months, irrespective of the term that the judge who saw him and heard the evidence saw fit to impose?

Lord Glenarthur

My Lords, I am aware that there is that concern. I hope that the improvements that we are considering may help to alleviate it. We are looking, for example, to see whether local review committees can be provided with better information on which to base their consideration of individual cases. Already the police have agreed to make available in all cases a report on the circumstances of the offence, which until recently has been available only in cases involving sentences of over 18 months.

Lord Denning

My Lords, is the Minister aware that the extension of parole means that in many cases the sentences imposed by judges are rendered quite illusory? A man, for good conduct, may get a remission of one-third of his sentence, and now in most cases he will get an additional one-third on parole. The result is that in practical terms there is no difference between a sentence of nine months' and 18 months' imprisonment. Ought not that to be carefully considered? In most cases there is an automatic parole extension of an additional one-third to the original one-third remission. Should not that be carefully looked at at once?

Lord Glenarthur

My Lords, the six-month minimum qualifying period has a flattening effect on the time served in custody over a certain sentence range, but that applied to a different sentence range when the minimum qualifying period was 12 months also. The sentence given by the court is still reflected in the length of the parole licence and hence in the parolee's liability to recall in due course.

Lord Elwyn-Jones

My Lords, does not the Parole Board exercise its responsibilities most carefully? Is it not important to bear in mind the appalling problem of gross overcrowding in prisons and the necessity therefore, consistent with the administration of proper justice, to relieve that pressure so far as is in the public interest possible?

Lord Glenarthur

My Lords, the noble and learned Lord is right. The Parole Board gives great care to its consideration of all cases, as does my right honourable friend if cases come to him. The noble and learned Lord is right also that overcrowding in prisons must be tackled, and that is one way to do that.

Lord Harris of Greenwich

My Lords, will the noble Lord say whether the judiciary was consulted before the change was made in the law? Given that there are expressions of disquiet, as I understand it, by members of the judiciary, was the judiciary consulted? Secondly, the noble Lord talks about possible changes so far as local review committees are concerned and adding to their responsibility. Can he say whether additional resources will be made available for them if they are to be asked to do more work? Lastly, taking up the point made by the noble and learned Lord, Lord Elwyn-Jones, does the noble Lord agree that if we did not continue to apply the parole system as it now exists, overcrowding in prisons would immediately become intolerable?

Lord Glenarthur

My Lords, with regard to the last of the noble Lord's three supplementary questions, yes, 1 think that it would produce serious difficulty. On his point about consulting before change, I understand that when the change came forward in the 1982 Act it was generally welcomed by all sides. I cannot say whether the judiciary was consulted; I shall find out and let the noble Lord know. On the question of funds for the local review committees to which I referred, I am sure that that will be a matter for consideration as it is taken forward.

Lord Hunt

My Lords, does the Minister agree that in the matter of parole the performance and progress of offenders serving shorter terms of imprisonment is often not a significant factor? Does he agree that it would be helpful if, when pronouncing sentence, the courts were to express an opinion on the advisability, value or otherwise of a short period of that sentence being served on parole licence? The local review committees and the Home Office in turn could take that into account when deciding whether on balance parole should be granted. Would that not go a long way towards overcoming the objections of the courts?

Lord Glenarthur

My Lords, that is an interesting suggestion: I shall look into it.

Lord Boyd-Carpenter

My Lords, when weighing the important points made by the noble and learned Lord, Lord Elwyn-Jones, will my noble friend also have very much in mind the danger, in the face of the present crime wave, of undermining the deterrent effect of sentences imposed by the courts?

Lord Glenarthur

Yes, of course, my Lords; that is borne in mind. There is a balance to be struck; but it is important to be aware that those recalled for committing further offences while on licence in 1985 totalled 335 parolees. That is about 2 per cent. of the total recommended for parole.

Lord Hutchinson of Lullington

My Lords, has the Minister told the Crown Court judges that they have brought this reform upon themselves because they sentence more defendants to imprisonment than any other nation in the Western hemisphere except Turkey, and because those sentences are longer than sentences in any other country in the Western hemisphere except Turkey? Have the Crown Court judges expressed any concern about the overcrowding in the prisons to which they send prisoners?

Lord Glenarthur

My Lords, concern about overcrowding in prisons is regularly expressed. The question on sentencing goes rather wider than the Question on the Order Paper.

Lord Donaldson of Kingsbridge

My Lords, does the noble Lord agree with the noble Lord, Lord Boyd-Carpenter, who implied that there is a detectable difference in deterrence between a six- and a 12-months sentence?

Lord Glenarthur

My Lords, there is of course a difference between the two sentences. Parole is looked into for a number of different reasons, most of which have been adduced by the noble and learned Lord, Lord Elwyn-Jones.

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