HL Deb 05 October 1998 vol 593 cc80-1WA
Lord Windlesham

asked Her Majesty's Government:

Which sections of the Crime (Sentences) Act 1997 have not yet been brought into force; and what are their future intentions regarding the unimplemented parts of the Act. [HL3293]

Lord Williams of Mostyn

The implementation of Section 4 of the Act, which provides for minimum sentences of three years' imprisonment for those convicted for the third time of domestic burglary, depends on the Prison Service's capacity and available resources. The Government keep this matter under review.

Section 8 and Sections 10 to 27 of the Act will be repealed with effect from 30 September 1998 by Section 107 of the Crime and Disorder Act 1998 (which also makes some consequential amendments to Section 9 of the 1997 Act).

Section 9 provides for the court to direct how many of the days which a convicted defendant spends in custody on remand or in police detention are to count as time served for the purpose of the sentence being imposed. It requires the establishment of a new system of recording and transmitting information about periods of custody up to the point of sentencing, and two pilots to test such a system have recently been completed. The Government intend to implement Section 9 (as amended) as soon as we are sure that a reliable system can be put in place.

Sections 35, 37, 39, 40 and 43 are currently being piloted in Norfolk and Greater Manchester. The projects began on 1 January 1998 and will run for 18 months. They will then be evaluated before deciding when or how they should be extended.