Key Facts

• Clause 106 forms part of the Government's commitment to ensure that serious offenders spend more time in prison.
• The clause abolishes automatic halfway release for certain violent or sexual offenders, requiring them to serve two-thirds of their sentence in custody.
• The measure applies to sexual offences carrying a maximum life sentence, including rape.
• The steady-state impact on the prison population is estimated at 255 additional prisoners.
• The Government plans to build an extra 10,000 prison places.
• The clause mandates that serious offenders serve at least two-thirds of their sentence in custody.
• Serious violent offenders include those convicted of manslaughter, attempted murder, soliciting murder, and wounding with intent to cause grievous bodily harm.
• The changes will apply to under-18s who receive a youth standard determinate sentence of seven years or more for sexual offences punishable by life imprisonment.
• Clause 106 extends changes from the Release of Prisoners (Alteration of Relevant Proportion of Sentence) Order 2020.
• The order moved automatic release points for offenders from halfway to two-thirds of a sentence.
• Clause 106 applies to sentences between four and seven years but only includes some violent offences.
• Clause 107 addresses an anomaly in sentencing rules introduced last year for terrorism offenders.
• The clause aims to harmonize release provisions for two child sex offences with those for terrorist SOPC sentences.
• Under the proposed change, offenders will serve two thirds of their sentence before becoming eligible for Parole Board consideration.
• Clause 108 allows the Secretary of State to prevent the automatic release of offenders and refer them to the Parole Board.
• The power applies when prisoners serving a standard determinate sentence become identified as dangerous while in custody.
• The maximum sentence passed by the court remains unchanged, but the Parole Board decides on safety for release after the initial release point.
• The Secretary of State can refer prisoners to the Parole Board if they are deemed dangerous after their release point.
• 'Dangerous' means at significant risk of causing serious harm by committing murder or listed serious offences.
• If the Parole Board decides to keep a prisoner in, it cannot exceed the original sentence handed down by the court.
• Clause 108 would allow the Lord Chancellor to refer prisoners to the Parole Board if they become a significant danger to the public while in prison.
• The clause aims to prevent automatic release for offenders who pose a risk after serving halfway or two-thirds of their sentence.
• If the Parole Board deems it unsafe, prisoners will continue serving their full sentences without supervision upon release.
• Clause 108 allows the Lord Chancellor to refer prisoners to the Parole Board if they become a danger while in prison.
• The Sentencing Academy noted concern over political interference in individual offenders' sentences.
• Jonathan Hall described a 'cliff-edge effect' where prisoners identified as dangerous could be released without licence or supervision.
• The clause relates to the administration of release provisions.
• It was tested and found lawful in the High Court under the Terrorist Offenders (Restriction of Early Release) Act 2020.
• Rehabilitation resources are being invested in prisons led by the Under-Secretary of State for Justice.
• The Whips aim for the committee to reach clause 138 by the close of play today.
• Walker notes the current pace as being very slow.
• Two survivors have raised issues with the current system, where they were not informed about their abusers' release or transfer.
• In the Worboys case, the Government pledged to allow victims into parole hearings in 2019 and consulted on making some parole hearings open to victims in 2020.
• A survey by an all-party parliamentary group found that as many as 75% of victims are not informed about their perpetrator being released on parole.
• The amendment would amend the Criminal Justice Act 2003, subsection (3) of section 239, to require the Parole Board to consider the views of the victim or victims in relevant cases.
• Charles Walker interrupts to ask the Minister to deal with amendment 145 specifically.
• The Minister was initially discussing other amendments and general points related to victims' rights.
• Clause 109 deals with manifest errors in Parole Board release decisions.
• Amendment 68 introduces a transitional provision addressing a two-month gap between clause 115 and clause 107 coming into force.
• Clauses 115 to 118 make changes to driving disqualification provisions for offenders sentenced under different release points.
• Clause 119 provides clarification on prisoner release and Parole Board referral in cases of concurrent or consecutive sentences.
• Clause 120 addresses the application of release provisions to repatriated prisoners.
• Clause 121 expands polygraph testing powers for sexual and domestic abuse offenders.
• Clause 122 makes a minor change to offences specified under schedule 15 of the Criminal Justice Act 2003.
• Clause 123 ensures that schedule 21 of the Sentencing Code applies to service courts as well as civilian courts.
• Clause 124 clarifies responsible officers' power to compel offenders to attend appointments.
• Clause 125 extends the maximum length of a curfew from one year to two years and increases daily curfew hours from 16 to 20.
• Clause 127 removes senior attendance centres as an option for sentencing.
• Schedule 13 introduces powers for courts to review community orders and commit offenders to custody if necessary.
• Clause 124 provides probation officers the legal power to compel offenders to attend appointments.
• Clause 125 increases daily curfew hours from 16 to 20 and extends total curfews from one year to two years.
• The Opposition supports clauses 124, 125, and 126 but seeks assurances on safeguards for offenders with disabilities or neurodivergence.
• The debate on clause 128 and schedule 13 of the Police, Crime, Sentencing and Courts Bill was ongoing.
• Charles Walker intervened at 11:15 am to request an adjournment due to the late hour.