§ RELEASE ON LICENCE OF YOUNG OFFENDERS
§ Lords amendment: No. 22, leave out clause 14 and insert the following new clause B—
"B.—(1) Subsection (5A) of section 60 of the Criminal Justice Act 1967 shall cease to have effect.
(2) Where a yound offender has been released on licence and that licence has expired he remains under the supervision of a probation officer under the terms and for the period specified under section 15 of this Act".
§ Mr. Deputy Speaker
With this it will be convenient to take Lords amendment No. 23, the Minister's motion to disagree and Lords amendment No. 24.
§ Mr. Mayhew
The amendments that the Government have tabled to clause 15 and schedules 13 and 15 give effect to the undertaking that my noble Friend gave on Third Reading in the other place that the Government would consider whether provision could be made in the Bill to give effect to the proposition that, when a young offender is released on parole, his parole licence should run only to his remission date, at the same time achieving parity between the period of supervision under licence of those released on parole and the period of supervision of those released in the ordinary way with remission for good conduct. I am glad to say that satisfactory amendments have been prepared.
The House will recall the consideration that was given to this matter in Committee. The Government were anxious to ensure that those released on parole licence should not be liable to a lesser period of supervision than those released in the ordinary way. On Third Reading of the Bill in another place, the Government accepted an amendment moved by the noble Lord Mishcon, which, 532 although technically defective, would have met the Government's earlier objections by providing that a young offender released on parole licence should, after his remission date when his parole licence expired, be liable to supervision thereafter as if he had been released in the normal way.
The Government's amendment now seeks to leave out Clause 14, which makes provision for the release on licence of young offenders, and substantially to recast clause 15, bringing into that clause, which dealt previously only with those released in the normal way, the provisions dealing with those released on parole. In the revised clause 15, those young offenders, who are neither granted remission nor released under parole, will have, under clause 15(3A), three months' supervision. Those released with remission will, under clause 15(3B) be supervised until the end of the sentence, with a minimum of three months supervision. Those released on parole will, under clause 15(3C) be supervised after their parole licence expires until the end of their sentence. There will be a maximum of 12 months supervision. Those provisions are subject to the period of supervision ending at the twenty-second birthday, if that intervenes before the supervision period is concluded. A short custodial sentence for breach of supervision will not attract a further period of supervision.
I realise that all that sounds rather Byzantine. In fact, it is quite clear. I have worked out a way of making it much clearer, but I think that I might be wrong. Therefore, I shall not do so unless pressed.
The Government have gone a considerable way in a short time to meet the views expressed by the Opposition in the other place, and by the National Association of Probation Officers, and I commend the Government's amendments and the consequential disagreement to Lords amendment No. 23 to the House.
§ Dr. Summerskill
Will the hon. and learned Gentleman clarify one point? Am I right in thinking that a young person serving a 24-month sentence, released on parole after 12 months, will then be on parole for four months and on ordinary supervision for a further eight months? Will that be the consequence of what he has said?
§ Mr. Mayhew
It is generally unwise to answer "Yes", or even "No", to such a question. I am prepared, subject to revision, to answer "Yes". If a young offender is paroled, the parole licence will run to remission date and then expire. We all know that remission for good conduct means that an offender does not serve the last third of his sentence, but his supervision as a young offender runs to the end of the sentence, with a maximum of 12 months supervision, or until his twenty-second birthday, if that falls earlier. That must be put into the equation.
The hon. Lady did not say when the chap would be 22. If no remission or parole is applicable, there is supervision for three months. If there is remission, the supervision will run until the end of the sentence, with a minimum of three months supervision. I hope that is clear.
§ Question put and agreed to.
§ Amendments made in lieu of the Lords amendment last disagreed to:
§ Leave out clause 14.
§ In clause 15, page 13, line 29, leave out subsection (1) and insert—
§ '(1) Subject to subsection (8) below, if subsection (1A), (1B) or (1C) below applies to a person under 22 years of age who is 533 released from a term of detention under a detention centre order or a term of youth custody, he shall be under the supervision of a probation officer or a social worker of a local authority social services department.
§ (1A) This subsection applies to a person who was neither granted remission nor released on licence.
§ (1B) This subsection applies to a person who was granted remission.
§ (1C) This subsection applies to a person—
- (a)who was under 21 years of age when sentence was passed on him; and
- (b)who is released on licence; and
- (c)whose licence expires less than 12 months after his release.'
§ In page 14, line 1, leave out from beginning to 'above' in line 14 and insert—
§ '(3A) Subject to subsection (2) above, where subsection (IA) above applies, the supervision period begins on the offender's release and ends 3 months from his release.
§ (3B) Subject to subsection (2) above and to subsection (4) below, where subsection (1B) above applies, the supervision period begins on the offender's release and ends—
- (a)3 months from his release; or
- (b)on the date on which his sentence would have expired if he had not been granted remission, whichever is the later.
§ (3C) Subject to subsection (2) above and to subsection (4) below, where subsection (IC) above applies, the supervision period begins when the offender's licence expires and ends on the date on which he would have been released if he had never been granted remission or released on licence.
§ (4) If the date mentioned in subsection (3B)(b)or (3C)'.
§ In page 14, line 33, at end insert—
§ '(9) In this section—
§ In schedule 13, page 101, line 3, at end insert 'and
§ in subsection (5A), for the words "any of the preceding paragraphs" there shall be substituted the words "paragraph (a) above",'.
§ In schedule 15, page 115, line 46, after '(5A)' insert
§ (b) and '.—[Mr. Mayhew.]
§ Lords amendment No. 23 disagreed to.
§ Lords amendment No. 24 agreed to.