Member

Why do I say that it is wrong? The real problem is how this works in practice. The test for recall as set out is a linkage with the original offence, which should be shown, but it is not an absolute test. There has also to be a risk of harm—and I emphasise those words. The person was originally given a sentence which required preventive detention if there was a significant risk of serious harm, but you can be brought back if you are simply at a risk of harm. That is fundamentally unjust. As we appreciate in this country, we do not like sending people to prison unless they go through a judicial process. What about recall? There is no judicial process. It is the decision of probation officers, supervised by civil servants. We have a situation in which civil servants return people to preventive detention for a risk that is far less than that for which they were originally sentenced by a judge. That is grossly unjust.