Baroness Prashar (CB)

My Lords, I will speak to my Amendment 101A. This Bill introduces a provision to restrict offenders to a certain geographical area when released on licence, without a requirement for judicial oversight or due process. This amendment would introduce a requirement for the Parole Board to have oversight of new restriction zones for offenders on licence. Such oversight would guard against unintended consequences and provide due process both for victims and for offenders. It would afford victims and offenders an opportunity to make representations to an independent judicial body both before licence conditions are imposed and subsequently, should changes in circumstances arise. For example, a victim may want to live in or enter the restricted area and seek a variation to enable them to do so without fear. A restriction zone is highly onerous, restricting almost every aspect of a person’s life, including their ability to work, receive specialised medical care and see family. Any application to leave the zone places a huge administrative burden on the authorities. The proposed new restriction is a significant step akin to control orders, now replaced by terrorism prevention and investigation measures, but without any requirement for judicial oversight. Those assessed as a terrorism risk currently benefit from initial oversight from the High Court to allow for an evaluative judgment as to the necessity and proportionality of such conditions and have ongoing opportunities for review. This amendment seeks to introduce judicial review by the Parole Board of the extension of restriction zones. Its oversight of such conditions would be an important safeguard before such restrictions are imposed on offenders and provide an opportunity for victims to voice any potential impact on them before an independent body. The significant point is that there should be judicial oversight. The Parole Board, in my view, is an appropriate body as it has the expertise and capacity. The High Court would be more expensive and onerous. I appreciate that the Parole Board does not have oversight of licence conditions set for standard determinate sentence prisoners, whereas a restriction could technically be imposed on them. However, there is no reason why standard determinate sentence prisoners could not be referred to the Parole Board if they were being considered for restrictive zone conditions. My principal point is to try to ensure that there is official oversight of these onerous conditions.