§ Mr. DewarTo ask the Secretary of State for Scotland at what point after sentence someone detained during Her Majesty's pleasure can first be given a date on which he or she may be eligible for parole.
§ Mr. LangPersons sentenced under section 205 of the Criminal Procedure (Scotland) Act 1975 (the 1975 Act) to detention without limit of time (formerly during Her Majesty's pleasure) are eligible for release on life licence under section 26 of the Prisons (Scotland) Act 1989. I have complete discretion as to the setting of a date for first formal review in such cases.
Where, exceptionally, detention without limit of time is imposed by a court in exercise of its powers under section 206 of the 1975 Act, I may release the person on licence at any time on the recommendation of the Parole Board.
§ Mr. DewarTo ask the Secretary of State for Scotland (1) what was the average period in detention served by those detained during Her Majesty's pleasure and released in the last 10 years;
(2) how many persons detained during Her Majesty's pleasure following conviction for murder were released in under five years, under eight years, under 10 years, under 12 years. under 15 years and over 15 years respectively in the last 10 years.
§ Mr. LangThe information requested is given in the table.
Under 5 number 5 to under 8 4 8 to under 10 13 10 to under 12 22 12 to under 15 8 over 15 2 Total persons released 49 Average period in years 10½
§ Mr. DewarTo ask the Secretary of State for Scotland (1) how many persons under 16 years were convicted of murder in Scotland and sentenced to detention during Her Majesty's pleasure in each of the last 10 years;
(2) if he will list the ages of those under 16 years detained during Her Majesty's pleasure following conviction for murder during the last 10 years; and if he will indicate how many of the total number so convicted were male and how many female.
§ Mr. LangUnder the Criminal Justice (Scotland) Act 1980 the sentence of detention during Her Majesty's pleasure was replaced by detention without limit of time. Four persons under 16 have been so sentenced since 1981, one each year in 1986, 1987, 1990 and 1991, to date. All were males aged 15, except the persons in 1991 who was a female aged 15.