§ Mr. HealdTo ask the Secretary of State for the Home Department (1) how many persons have been released on the home detention curfew scheme to date before serving the requisite period; what offences they committed; what(a) the sentence served and (b) the requisite period was 488W in each case; how many were recalled to prison to serve the remainder of the requisite period; and if he will make a statement; [146288]
(2) what assessment he has made of the effect of the home detention curfew scheme on public confidence in (a) the sentencing process and (b) the criminal justice system; [146283]
(3) if it is his policy to inform victims when an offender is released on the home detention curfew scheme; and if he will make a statement. [146282]
§ Mr. BoatengIt is not a requirement that victims are informed when placing a prisoner on Home Detention Curfew (HDC). In some cases victims will be consulted as part of the risk assessment process which all eligible prisoners have to undergo before being placed on the scheme, and in consequence may become aware of the release of a prisoner.
Although no formal assessment has been made, there is no reason to believe that HDC has adversely affected public confidence in the sentencing process or the wider criminal justice system. The HDC scheme received the unanimous support of the all-party Home Affairs Committee, and its report, Alternatives to Custody Cm 4174 (1998), was signed by several Opposition Members. The HDC scheme itself received the support of Parliament, including Opposition Members. The HDC scheme protects the public by providing selected short term prisoners with a monitored return to the community, helping them to re-integrate into the wider community of which they are members.
I will write further to the hon. Member about prisoners released before serving the requisite period.
§ Mr. HealdTo ask the Secretary of State for the Home Department if he will introduce legislation to require sentencers to explain the effect on release dates of the home detention curfew scheme when passing sentence; and if he will make a statement. [146284]
§ Mr. Charles ClarkeThe Government are committed to ensuring that the implications of sentencing are explained in open court, but believe that this is best achieved through the issue of practice directions from the Lord Chief Justice. The then Lord Chief Justice issued a practice direction in January 1998 requiring a court imposing a custodial sentence to explain the practical effect of that sentence for the benefit of the defendant, any victim and members of the public. Although the practice direction was issued before home detention curfew became available, it specifically states that if the statutory provisions governing early release are materially amended, then the model statements annexed to the direction will require modification. Courts are therefore already expected to explain the possible effect of home detention curfew on the offender.