COMMONS AMENDMENT (Hansard, 22 July 1998)

§ Lord Williams of Mostyn

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 40. I speak also to Amendments Nos. 41, 42, 87, 171, 172, 173 and 229. Amendment No. 40 is consequential on the new clause introduced by Amendment No. 85 which sets out the calculation process for two or more sentences. Part of it relates to extended sentences and it is therefore necessary to refer to that.

Amendments Nos. 41, 42, 173 and 229 reflect the need to ensure that all offenders given extended sentences who are recalled to a prison supervision period are treated fairly and equitably.

These amendments introduce a new Section 44A in the Criminal Justice Act 1991 and make necessary consequential amendments to the relevant provisions which will provide specifically for the re-release of offenders who are recalled during an extended sentence. It will ensure that all such offenders will be eligible for the same consideration for re-release on licence regardless of the length of their sentence.

Amendments Nos. 87, 171 and 172 ensure consistency by providing that those on extended sentences who are not re-released until the end of their extension period are subject to a period of supervision until the end of their sentence in the same way as any other offender released following recall. Nothing makes any fundamental change. They simply ensure that there is no inconsistency in the way that extended sentence prisoners are treated.