HL Deb 03 July 1991 vol 530 cc1055-7

4After Clause 25, insert the following new clause:

Review of life sentences by Tribunal

(".—(1) The Secretary of State shall refer the case of every life prisoner to the Tribunal for review not later than two years before the expiry of the penal term applicable to his case.

(2) The Tribunal may direct—

  1. (a) the release on licence of a life prisoner convicted of murder;
  2. (b) the release of a life prisoner convicted of an offence other than murder—
    1. (i) on licence; or
    2. (ii) unconditionally.

(3) In determining whether to direct release the Tribunal shall have regard to the risk of the life prisoner's committing further serious offences and the need to protect the public against that risk.

(4) The Secretary of State may revoke the licence of any life prisoner whose release on licence has been directed by the Tribunal and recall him to prison if it appears to the Secretary of State that it is expedient in the public interest to do so and shall in that event refer the case of the prisoner so recalled to the Tribunal for further consideration so soon as practicable.

(5) A life prisoner whose case is referred to the Tribunal under this section shall have the right—

  1. (a) to make representations to the Tribunal either orally or in writing;
  2. (b) to be legally represented before the Tribunal; and
  3. (c) to call witnesses on his behalf,
and shall be given such information about his case and about the matters under consideration by the Tribunal as will enable him effectively to exercise those rights.

Provided that the Tribunal may direct that there shall be no disclosure of any material which the Tribunal considers that it would not be in the public interest to disclose.

(6) If the Tribunal determines not to direct the release of a life prisoner (whether convicted of murder or of some lesser offence) the Secretary of State shall refer his case to the Tribunal for further consideration within such period (not being longer than three years from the date of the previous determination) as the Tribunal may direct.

(7) Where the Tribunal directs the release of a life prisoner other than one convicted of murder it may also direct the length of time for which the licence is to remain in force.

(8) If the Tribunal gives no direction as to the length of a licence under subsection (7) above, it shall review the licence—

  1. (a) within three years from the date of the Tribunal's decision to release the offender on licence; and
  2. (b) before the expiry of any subsequent period of three years,
and shall on any such review either terminate the licence or direct the length of time for which it is to remain in force.

(9) It shall be the duty of the Secretary of State to give effect to any directions given by the Tribunal in regard to a life prisoner whose case is referred to it under this section.

(10) In this section "penal term" means the sentence of imprisonment which the court is required by section (Court's duty on passing sentence of life imprisonment) to state in open court as being the sentence it would have passed had it not passed a sentence of imprisonment for life and it had not taken into account the risk of serious harm to the public if the offender were to be released after a determined number of years' imprisonment.

(11) In this Part "life prisoner" means a person serving a sentence of imprisonment for life.").

The Commons disagreed to this amendment for the following reason:

4A because it would be incompatible with the amendments proposed by the Commons in lieu of Lords Amendment No. 2.

Lord Waddington

My Lords, I beg to move that the House do not insist on their Amendment No. 4 to which the Commons have disagreed for the reason numbered 4A.

Moved, That the House do not insist on their Amendment No. 4 to which the Commons have disagreed for the reason numbered 4A—(Lord Waddington.)

On Question, Motion agreed to.

7.45 p.m.