Key Facts

• Amendments cover specific crimes such as assault of a child under 13 by penetration.
• Proposed changes would add new sections for various acts involving children including sexual assault on young children and causing them to participate in sexual activities.
• Additional amendments aim to include manslaughter and offenses against mentally disordered persons.
• New clause 22 applies to life prisoners serving sentences for specific offences including murder, manslaughter, terrorism, and sexual offenses against children.
• Victims or the Secretary of State may apply to refer a case to the Court of Appeal within 30 days of a Parole Board decision.
• The Court of Appeal can direct release on licence or maintain confinement based on risk assessment.
• Clause 23 applies to prisoners serving fixed-term sentences for specified offences.
• Victims may request that a case be referred to the Court of Appeal within 30 days of an application.
• Offences include manslaughter, certain terrorism-related crimes, sexual offenses, and service offences with corresponding civil equivalents.
• Clauses 35 and 36 give the Secretary of State a veto over Parole Board release decisions for top-tier prisoners.
• New clauses 22 and 23 propose giving victims the power to refer their case to the Secretary of State to make an application on their behalf to the Court of Appeal.
• Clauses 35 and 36 are estimated to cost £0.5 billion including building additional prison places.
• The new clauses would expand the top tier cases to include sexual offences against children and manslaughter.
• The Ministry of Justice’s impact assessment suggests that 75 cases a year will result in prisoners being released after the Secretary of State's decision is overturned.
• Since 2019, the Secretary of State has made 50 applications for reconsideration of Parole Board decisions.
• New clauses 22 and 23 would empower victims to ask the Secretary of State to appeal Parole Board decisions to the Court of Appeal.
• Over 99% of offenders directed for release do not commit a serious further offence.
• A root and branch review of the parole system was published in March 2022.
• The top tier includes murderers, rapists, the most serious terrorists, and those who have caused or allowed the death of a child.
• Clause 35 amends the Crime (Sentences) Act 1997.
• Clause 36 amends the Criminal Justice Act 2003.
• The top tier consists of offenders serving sentences for murder, rape, certain terrorism offences, or causing or allowing the death of a child.
• The Secretary of State can intervene in release decisions if the Parole Board is unable to adequately assess risk.
• Clauses 35 and 36 allow the Secretary of State to intervene in top tier cases where the Parole Board has directed release.
• Around 1,900 top-tier cases come before the Parole Board each year with about 650 offenders directed for release.
• Clause 37 will insert a new section into the Criminal Justice Act 2003 to ensure procedural requirements are replicated for the Secretary of State's decision-making process.
• Sheryll Murray proposes amendments 100-117 to replace 'Upper Tribunal' with 'criminal division of the Court of Appeal'.
• The amendments aim to change clause 38, page 37 onwards.
• Former Old Bailey judge Peter Rook KC supports appeals going to the criminal division due to its experience in assessing public risk and handling evidence from witnesses.
• Justice Committee's letter states that a re-hearing is required for merits-based appeals and the Court of Appeal criminal division is better suited for this.
• The amendments in question relate to changing the appellate chamber from the upper tribunal to the Court of Appeal.
• Top-tier offenders are those who have committed serious crimes like murder and rape.
• Clause 39 sets out the grounds for appeal, including irrationality or errors of fact.
• The upper tribunal has wide-ranging powers under section 25 of the Tribunal, Courts and Enforcement Act 2007.
• Clause 40 amends section 31 of the Crime (Sentences) Act 1997.
• Clause 41 amends section 250 of the Criminal Justice Act 2003.
• Licence conditions include curfews or exclusion zones based on comprehensive risk assessments.
• Sheryll Murray is concerned about the Secretary of State or upper tribunal setting licence conditions.
• There is a lack of experience and resources to effectively set these conditions compared to the Parole Board's responsibilities.
• The process could lead to missed important licence terms, potentially compromising public safety.
• Clauses 42 to 44 disapply section 3 of the Human Rights Act from specific sections related to life sentences and fixed-term sentences.
• Clause 45 sets out that courts must prioritise reducing risk to the public when considering challenges on human rights grounds regarding prisoner release decisions.
• The Prison Reform Trust expressed concerns about diluting human rights protections for prisoners.
• Subsection (2) amends section 239(5) of the Criminal Justice Act 2003.
• Law enforcement members with first-hand knowledge contribute unique insights to risk assessments for top-tier cases.
• The clause will allow secondary legislation to specify law enforcement member requirements on parole panels.
• Janet Daby moves amendment 120.
• The amendment seeks to limit grounds for removing the Parole Board chair to misconduct or incapacity.
• Concerns are raised about potential political influence and the risk of undermining public confidence in the system.
• Clause 47 amends schedule 19 to the Criminal Justice Act 2003.
• The current Parole Board chair, Caroline Corby, will step down in October next year.
• The minimum number of board members is proposed to increase from five to seven.
• A law-enforcement member must be included in the core membership.
• The board must include a chair, vice chair, and four other statutory members with specific expertise.
• The statement discusses the Victims and Prisoners Bill.
• Clauses 49 and 50 are proposed to be discussed together.
• No specific policy changes, funding commitments, or new programmes are requested.
• Clause 48 prohibits marriage for those serving whole life orders.
• Clause 49 restricts civil partnerships for such prisoners.
• The Secretary of State may grant exemptions under exceptional circumstances.
• The Prison Reform Trust was concerned that introducing carve-outs from human rights for people with custodial sentences contradicts fundamental human rights principles.
• The Prisoners’ Advice Service stated that marriages or civil partnerships by whole life tariff prisoners would have little impact on conditions of imprisonment and victims' families.
• The MP asks about the exceptions for giving permission to marry, whether provisions apply retrospectively, and the logic behind including them in the Bill.
• The additional costs for part 1 of the Bill range from £0.31 million to £4.36 million for police and crime commissioners.
• Part 2 will incur administrative costs including secretariat functions and communication on the role of an IPA, with a three-year commitment of approximately £2.5 million by the Ministry of Justice.
• The reforms in part 3 may require additional prison capacity and legal costs related to appeals against the Secretary of State’s decisions.