§ Mrs. GillanTo ask the Secretary of State for the Home Department if he will list the changes made to the eligibility rules for the home detention curfew scheme, broken down by date. [163271]
§ Paul Goggins[holding answer 23 March 2004]: The following changes have been made to the Home Detention Curfew (HDC) scheme since the scheme was introduced on 28 January 1999.
On 1 March 2001 those required to register with the police under Part 1 of the Sex Offenders Act 1997 became ineligible for the scheme under the provisions of section 65 of the Criminal Justice and Courts Service Act 2000.
Following this, on 1 May 2002 the Presumptive HDC scheme was introduced. Under the scheme prisoners serving sentences of between three months and under 12 months are released on Home Detention Curfew for the 1007W latter part of their sentence unless there are compelling reasons not to do so. This streamlined scheme is applicable to low risk only, less serious offenders. Drug dealers, violent and sexual offenders are not eligible for Presumptive HDC.
On 16 December 2002 the maximum curfew period was extended from 60 to 90 days and then, on 14 July 2003, the curfew period was extended further to 135 days. At the same time, a presumption against suitability for release on HDC was introduced for offenders serving sentences for certain serious violent offences. These offences include attempted murder, explosives offences, possession of an offensive weapon, cruelty to children and racially aggravated offences. In addition, prisoners with any current or previous history of sexual offending, not already barred from HDC, are presumed unsuitable for release. Further, also with effect from 14 July 2003, young offenders, under the age of 18, sentenced to a term of detention under Section 91 of the Powers of Criminal Court (Sentencing Act) became eligible for consideration for HDC. Prior to that date all prisoners under 18 years-of-age were statutorily excluded from HDC.
Finally, with effect from 14 January 2004 notorious prisoners whose release may undermine public confidence in the scheme are referred to the Chief Executive of the National Offender Management Service, who takes the final decision whether, after taking all matters into consideration and the individual circumstances of the case, early release is appropriate.
§ Mrs. GillanTo ask the Secretary of State for the Home Department if he will place in the Library copies of circulars to governors and other communications to prison authorities issued this year which included instructions on the operation of the home detention curfew scheme. [163272]
§ Paul Goggins[holding answer 23 March 2004]: Yes.