HC Deb 10 December 1993 vol 234 cc410-1W
Mr. Madden

To ask the Secretary of State for the Home Department (1) what account he takes, in reaching decisions on tariff sentences upon those convicted of offences deemed political, of the individual offenders and mitigating factors such as age or nature of motivation;

(2) what representations he has received from (a) Abdul Qayyum Raja, a prisoner at HMP Long Lartin, (b) his legal representatives and (c) other individuals and organisations about his case;

(3) if he will reduce the sentence imposed under tariff arrangements on Abdul Qayyum Raja; when he intends to announce his decision in this case; and if he will disclose full information and explanation for the tariff sentence he finally decides upon in this case;

(4) what representations he has received from (a) Mohammed Riaz, a prisoner at HMP Whitemoor, (b) his legal representatives and (c) other individuals and organisations on his case;

(5) if he will reduce the sentence imposed under the tariff arrangements on Mohammed Riaz; when he intends to announce his decision in this case; and if he will disclose full information and explanation for the tariff sentence he finally decides upon in his case;

(6) if he will disclose full information about each factor which he takes into account in reaching decisions concerning the tariff; and if he will make a statement on the effect of the judgment in the House of Lords in the case of Doody and Others in 1993.

Mr. Peter Lloyd

The arrangements for determining the period which mandatory life sentence prisoners—including those convicted of politically motivated murders —should serve in custody in order to meet the requirements of retribution and deterrence are set out in my right hon. and learned Friend's replies of 27 July 1993 at columns863-85 and 4 November 1993 at columns 376-78. The procedures for disclosing such decisions and related information to the prisoners concerned are also described.

In deciding the period to be served in custody all available information, including advice from the judiciary, representations on the prisoners' behalf and any mitigating factors will be fully taken into account. The statement by the right hon. Sir Leon Brittan, as Secretary of State in 1983, that terrorists and certain other specified categories of murderer can normally expect to serve at least 20 years will also be relevant in some cases.

As to the cases of Mr. Raja and Mr. Riaz, representations have been made on their behalf by their legal representatives, Members of both Houses of Parliament and members of the public. Mr. Riaz has also made representations direct. All these representations are being carefully considered and decisions will be taken shortly. Mr. Raja and Mr. Riaz will be informed separately of the period set in their case and each of them will be given reasons for the decision.

Mr. Madden

To ask the Secretary of State for the Home Department what representations he has received supporting the view that tariff sentences should be set by the trial judge in open court upon hearing representations on behalf of the prisoner immediately upon conviction.

Mr. Maclean

From time to time, we receive representations supporting the view that when a mandatory life sentence is passed on a person convicted of the offence of murder the period necessary to satisfy the requirements of retribution and deterrence should be stated by the trial judge in open court after the offender has had an opportunity to make representations.

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