The Scottish Parliament’s Justice Committee is seeking views on forthcoming Scottish Government amendments to the Criminal Justice (Scotland) Bill which will end the automatic early release of certain categories of prisoners.
Background
During his statement on 3 September on the Scottish Government's Programme for Government 2013-14, the First Minister announced the Scottish Government’s intention to bring forward legislation to end the automatic early release of certain categories of prisoners.
The Cabinet Secretary for Justice subsequently wrote to the Convener of the Justice Committee to provide further background to the Scottish Government’s proposals. The Cabinet Secretary for Justice's letter of 3 September can be found below:
In his letter the Cabinet Secretary confirms the Scottish Government’s intention to bring forward these provisions by amendment to the Criminal Justice (Scotland) Bill.
The proposal
The Scottish Government is seeking to end the automatic early release of some long-term offenders:
• sex offenders sentenced to determinate custodial sentences of four years or more; and
• other dangerous offenders sentenced to determinate custodial sentences of ten years or more.
Under current rules, an offender (irrespective of the type of offence) sentenced to a determinate period of four or more years may be released on licence after serving at least one-half of the sentence. If not already released, the prisoner must be released (on licence) after serving two-thirds of the sentence. Any decision to release prior to the two-thirds point is taken by the Parole Board for Scotland.
The proposed amendments relate to the ‘automatic’ element of early release. An offender falling within either category would still be eligible for release after serving at least one-half of the sentence. However, any release prior to completion of the whole custodial sentence would be at the discretion of the Parole Board. The Scottish Government has indicated that its proposals in this area are intended to enhance public protection by allowing prisoners who are assessed as presenting an unacceptable risk to be kept in custody for longer.
Justice Committee consideration
The amendments were originally due to be lodged after Easter. However, the Cabinet Secretary for Justice announced to the Parliament on 23 April that Stage 2 of the Criminal Justice (Scotland) Bill would not commence until after the Post-corroboration Safeguards Review, chaired by Lord Bonomy, has reported. The Review is expected to report in April 2015.
The Committee is still seeking views at this stage on the Scottish Government’s proposals set out in the letter from the Cabinet Secretary. It also plans to take oral evidence on the proposals at its meeting on 3 June.
In considering the proposals, the Committee is interested in receiving responses to some or all of the following issues:
• whether the scope of the proposed changes is appropriate;
• what impact the proposed changes would have on the work of criminal justice social workers and others in trying to ensure that released prisoners are safely reintegrated back into communities;
• what impact the proposed changes would have on prisoner numbers and the work of the Parole Board for Scotland;
• the appropriate use of determinate sentences as compared with discretionary indeterminate sentences (eg orders for lifelong restriction) in terms of protecting the public from dangerous offenders; and
• whether the proposed changes are consistent with the thus far un-commenced early release provisions set out in the Custodial Sentences and Weapons (Scotland) Act 2007 (as amended by the Criminal Justice and Licensing (Scotland) Act 2010).
The Committee invites all interested organisations and individuals to submit written evidence on the proposed provisions.
All submissions should be provided by no later than 5:00 pm on Tuesday 6 May 2014.
How to submit written evidence
Before making a submission, please read the Parliament’s policy on treatment of written evidence by subject and mandatory committees.
Written submissions should normally be limited to around 4 sides of A4. Longer submissions should be accompanied by a short summary of the main points. Submissions should be set out in numbered paragraphs. Where the submission refers to existing published material, it is preferable to provide hyperlinks or full citations (rather than extensive extracts). The Committee welcomes written evidence in English, Gaelic or any other language.
If possible, written submissions should be submitted electronically (preferably in word processing format i.e. Microsoft Word or Apple Pages) by email to:
[email protected]
Hard copy written submissions should be sent to:
Justice Committee Clerks
Room T2.60
Scottish Parliament
Edinburgh
EH99 1SP
Contact
Any queries about written submissions should be addressed in the first instance to the Justice Committee clerking team at the above email address or (0131) 348 5047.