HC Deb 05 May 1998 vol 311 cc363-4W
Mr. Clappison

To ask the Secretary of State for the Home Department how many convictions have been recorded under section 38 of the Criminal Justice Act 1991 since the commencement of that Act. [40186]

Mr. Michael

Section 38 of the Criminal Justice Act 1991 deals with the breach of licences by short-term prisoners and states:

  1. (1) A short-term prisoner—
    1. (a) who is released on licence under Part II—Early Release of Prisoners; and
    2. (b) who fails to comply with such conditions as may for the time being be specified in the licence, shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
  2. (2) The magistrates' court by which a person is convicted of an offence under subsection (1) above may, whether or not it passes any other sentence on him—
    1. (a) suspend the licence for a period not exceeding six months; and
    2. (b) order him to be recalled to prison for the period during which the licence is so suspended.
  3. (3) On the suspension of the licence of any person under this section, he shall be liable to be detained in pursuance of his sentence and, if at large, shall be deemed to be unlawfully at large.

The information requested in given in the table.

Number of offenders convicted for an offence1 under Section 382,3 of the Criminal Justice Act 1991, 1992–96.
England and Wales Convictions
1992 9
1993 64
1994 216
1995 350
1996 490
1 Convictions for principal and non-principal offences given.
2 An Offence of "failure by short-term prisoner to comply with licence conditions".
3 S38 of the Criminal Justice Act 1991 came into force on 1 October 1992.

Mr. Clappison

To ask the Secretary of State for the Home Department how many times the Parole Board has exercised its powers in relation to the release on licence of prisoners under section 37(5) of the Criminal Justice Act 1991. [40187]

Ms Quin

This information could be provided only at disproportionate cost.