Lord Keen of Elie
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Lord Marks of Henley-on-Thames (LD)
My Lords, the speeches in this debate have been comprehensive and committed, so I have little to add to them. All noble Lords who have spoken have done so passionately and persuasively about ending this scandal. I use the word “scandal”—it has been rightly called a disgrace, a stain on our system, and many other things. The passion for justice of the noble and learned Lord, Lord Thomas of Cwmgiedd, shone through every sentence of his speech and has to oblige the Government to end this appalling injustice. We have been guilty, in a country dedicated, nominally at least, to ideals of justice, of the grossest of injustices in this case. It must end, and it must end now.
We have a chance to end it now, completely and for ever. We thought we had abolished IPPs in the LASPO Act when we stopped any new IPP sentences being passed. My noble friend Lord McNally, then Minister of State, and the noble Lord, Lord Clarke, Secretary of State at the time, believed that the power to reverse the burden of proof in that Act would be exercised, so that we would never have this long tail of IPP prisoners who have now served way beyond their tariffs.
The noble and learned Lord, Lord Thomas of Cwmgiedd, explained how unjust it was that IPP prisoners were treated unlike any other offenders. For those prisoners, we have abandoned any principle that the punishment should fit the crime, in favour of a system of preventive detention with a heavy burden placed throughout on prisoners to prove their fitness for release after their proper punishment—often very short punishment—has been completed. The principle of punishment fitting the crime has been ignored, as has been illuminated by nearly all the speeches today. That illumination has extended to the complete ineffectiveness of the action plan in the case of many IPP prisoners, however well-intentioned it was at the time. Those prisoners could end up, as the noble Lord, Lord Moylan, pointed out, imprisoned for the rest of their lives if they fail to qualify for release under the action plan.
The sensible way to end this now is to accept one or more of the amendments before the Committee in order to ensure the early release of all remaining IPP prisoners and to end their risk of recall within a reasonable time span. I do not mind which amendment is adopted. I note that after his detailed and learned analysis, the noble and learned Lord, Lord Hope, was broadly content to endorse any of the solutions proposed by the noble Lords, Lord Woodley and Lord Moylan, the noble Baronesses, Lady Jones and Lady Fox, or the noble and learned Lord, Lord Thomas, and myself. I too am content with any of those solutions. The important thing is to persuade the Government now to accept one of them and finally to put an end to this injustice.
Lord Keen of Elie (Con)
My Lords, I am grateful to all noble Lords who have spoken in what is a profoundly serious and necessary debate, and to those who have tabled the amendments before us: the noble Lords, Lord Woodley and Lord Blunkett, the noble and learned Lord, Lord Thomas of Cwmgiedd, and my noble friend Lord Moylan. These amendments reflect a shared recognition across parties and across the Committee that the legacy of the IPP regime remains one of the most challenging unresolved issues within our criminal justice system and, as the noble Lord, Lord Marks, observed, a “stain” on our justice system.
Under our system of criminal justice, we do not detain and imprison people because we perceive that they are probably or even certainly going to commit a crime at some indeterminate and uncertain point in the future. But that is essentially the basis upon which we detain IPP prisoners in custody after they have served the prison term of their original offence. It is, of course, worrying that many IPP prisoners may present a serious risk to the public if released. However, under the logic that flows through much of this very Bill, the Government must be prepared to advocate for society to accommodate such a risk by community supervision rather than endless detention.
As the noble Lord, Lord Woodley, observed, the Justice Committee’s 2022 report described the IPP system as “irredeemably flawed”, and he seeks to give effect to its recommendation. Whether or not Members support that specific mechanism, it is beyond dispute that thousands of IPP prisoners remain trapped in a system never intended to endure, with outcomes that the state itself acknowledges are simply wrong.
My noble friend Lord Moylan’s amendment raises another vital point: the ability for prisoners on extended licence to seek annual review after the qualifying period. Whatever one’s view of automatic termination on mandatory timelines, there is clear force in the principle that people must not be left without a meaningful hope or a clear route to progress.
The noble Lord, Lord Blunkett, spoke to his Amendments 116 and 117 on recall and automatic release. Again, many noble Lords will be uneasy that individuals can be recalled indefinitely for minor, technical breaches, long after tariff expiry. This, again, points to the need for clarity, confidence and, indeed, proportionality in the present system. It cannot be simply risk aversion that dictates outcomes.
The amendments in the name of the noble and learned Lord, Lord Thomas of Cwmgiedd, supported by others, propose a future release mechanism whereby the Parole Board can set a specified release date, subject to compliance with directions. This recognises the reality described by countless practitioners that progression can become possible only if there is a clear destination and a structure to reach it. Amendment 130 then introduces a safeguard enabling the Secretary of State, if necessary, to seek variation to protect the public.
No one in this debate has suggested that risk can be ignored. Equally, nobody advocates arbitrary release of dangerous offenders. But every proposal brought to the Committee today has an element of public protection embedded in it. Where Members may differ is only on the most responsible and principled route to resolve a system that all agree has patently failed. The point is to choose not the easiest path but the right one. The public are entitled to a system that protects them, but then IPP prisoners and their families are entitled to justice and to fairness. The rule of law should produce finality—indeed, it must produce finality.
I thank noble Lords again for the seriousness with which they have approached this debate. I look forward to continued constructive engagement as the Bill proceeds—and to the necessary outcome that justice demands, not just for IPP prisoners but for our collective conscience.
Lord Timpson (Lab)
I will take the noble and learned Lord’s comments away and read that again, but that is also why our quarterly Peers’ meetings on IPP are so important in discussing all these topics.
We must do all that we can to support all IPP prisoners to reduce their risk and progress towards a release decision, but I would not be doing my job to protect the public if they were to be released without the independent Parole Board deciding it is safe to do so. My hope is that every IPP prisoner gets the opportunity to be released and have a successful life in the community, but we need to do that in a way that sets those prisoners up for success in the community. The Government’s view is that any change that removes the protection of the statutory release test is not the right way to do this.
I am aware of criticism of some parts of the IPP action plan, including those raised by the noble Lord, Lord Marks, but it remains my view that the steps we are taking through it are the best way to support this progression. It has contributed to a 10% reduction in the IPP prison population in the 12 months to 30 September 2025. The number of people who have never been released fell by around 14% in the same period. Since the publication of the first action plan in April 2022, the unreleased IPP population has fallen by 39% and is now below 1,000. The focus that I and colleagues have on the IPP action plan means that I need to do more and more work on it, to see where we can add improvements all the way.
I am grateful to my noble friend Lord Blunkett for his amendments, which seek to allow the Secretary of State to make provision for the automatic re-release of those serving an IPP or DPP sentence who are recalled to prison. My noble friend will be aware of the deep respect I have for his ongoing commitment, drive and tenacity to do all he can to support those serving the IPP sentence. I greatly value his contribution to today’s debate, as well as the thoughtful insights and individual cases he raises with me outside the House.
I appreciate that noble Lords have questioned why we are introducing fixed-term recalls for offenders serving standard determinate sentences but do not accept this change for IPP offenders. There are two crucial differences: the threshold for recall and the level of risk that the offender poses. IPP offenders can be recalled only for behaviour or breaches of their licence that are causally linked to their offending. That is a high bar, and one higher than for recalling prisoners serving standard determinate sentences. I must remind noble Lords what that means in practice: that the Probation Service no longer believes that controls available in the community are sufficient to manage that offender’s risk to keep the public safe, and that the public are therefore at risk of further sexual or violent offending.
A fixed-term recall for IPP offenders would not provide sufficient time for an individual to demonstrate that their risk had reduced, or to receive the required support to reduce their risk, before being automatically re-released. This would put victims and the public at risk. While we will return to the question of recall in more detail later in this debate, I must remind noble Lords that we have built significant safeguards into our fixed-term recall changes. These mean that many offenders who pose a similar risk to IPP offenders recalled to prison are also not eligible for a fixed-term recall.
The Victims and Prisoners Act 2024 introduced a power for the Secretary of State to release recalled IPP prisoners where it is no longer necessary for the protection of the public that they should remain in prison. This is referred to operationally as release after a risk assessed recall review, or RARR. Recalled IPP offenders have already been re-released using this power, when they were due to wait for a number of months before their scheduled oral hearing before the Parole Board.
The revised IPP action plan, published on 17 July this year, now includes a commitment to enable swift re-release following a recall through RARR, where it is safe to do so. This means that HMPPS is considering all IPP offenders recalled for being out of touch, or in relation to allegations of further offences, for RARR, and is trialling an extended referral period to allow more time to consider cases for potential use of RARR before referral to the Parole Board. I respectfully suggest that this power means we already have the ability to do what the noble Lord’s amendment seeks to achieve: a quicker re-release of recalled individuals where it is safe to do so.
I am also grateful to the noble Lord, Lord Moylan, for his amendment, for my noble friend Lord Blunkett’s reflections on it and for their ongoing interest in this important issue. The noble Lord’s amendment seeks to allow a prisoner whose licence is not terminated by the Parole Board at the end of the relevant qualifying period to make an annual application to the Parole Board for consideration of licence termination. The Victims and Prisoners Act 2024 made significant changes to the IPP licence period by reducing the qualifying period for referral to the Parole Board and introducing a provision for automatic licence termination. This automatic provision provides greater certainty to offenders than the annual referrals about when their licence will terminate, which is also important for victims. These changes have resulted in the number of people serving a sentence in the community falling by 65%.
Furthermore, at the four-year point after initial release, if supervision is not suspended or the licence is terminated by the Parole Board at the end of the three-year qualifying period, probation practitioners can further consider applying for suspension of supervision at their own discretion. We must also consider the potential effect on victims of going through an additional Parole Board review just a year after the previous one, but I acknowledge that the noble Lord’s amendment would preserve the role of the Parole Board in this process. I am happy to have further conversations with him and other noble Lords on this point in the coming weeks.
I thank noble Lords for their work on this important issue, and I hope that they are assured not only of the work that we are currently undertaking but of our absolute resolve to make further progress for those serving the IPP sentence. I will continue to work closely with noble Lords and look forward to seeing them at the upcoming round table, and to discussing the points raised between now and Report. I urge noble Lords not to press their amendments.
Lord Keen of Elie (Con)
Does the Minister agree that the concept of us imprisoning individuals on the grounds of a perception that they may commit a crime at some indeterminate point in the future is utterly anathema to our whole system of criminal justice?
Lord Timpson (Lab)
Our expert probation staff who manage the risks in the community are experts in determining the risk that offenders pose, including IPP offenders. It is therefore their professional judgment and their decision whether they recall someone or not.
Lord Keen of Elie
“(ab) but sections 244ZA(8)(a) and (aa) do not apply to any person convicted of—(i) rape,(ii) assault by penetration,(iii) rape of a child under 13,(iv) assault of a child under 13 by penetration,(v) inciting a child under 13 to engage in sexual activity,(vi) paying for the sexual services of a child aged under 13,(vii) kidnapping or false imprisonment with the intention of committing a sexual offence,(viii) creating or possessing indecent photographs of children,(ix) grievous bodily harm,(x) grooming,(xi) stalking, or(xii) causing or allowing the death of a vulnerable child or adult.(ac) but sections 244ZA(8)(a) and (aa) cannot come into force until the Secretary of State has consulted on and ensured exclusions for all offences considered to be serious violence, offences against children, sexual offences and domestic abuse offences.”Member’s explanatory statement
This amendment would disapply the clause 20 early release provisions of the Bill in relation to those convicted of the offences listed in the amendment, and would require the Secretary of State to consult on and ensure exclusions for those convicted of other serious violent and sexual offence categories.
Lord Keen of Elie (Con)
My Lords, this amendment is tabled in my name and that of my noble friend Lord Sandhurst. It will not surprise the Minister that I broadly support the principle underlying Clause 20 of the Bill. If prisoners can prove that they have made positive steps towards rehabilitation, we would not oppose the principle that, in those circumstances, there are arguments for releasing such offenders early.
However, regrettably, this is not the outcome that Clause 20 will give effect to. On many occasions during Second Reading and Committee, the Minister has made reference to the “earned progression model” and the Texas system. Under Clause 20 as drafted, there is no such reward for good behaviour or evidence of meaningful rehabilitative steps. The independent House of Commons Library briefing is quite clear on this point: the release point is a default automatic release date and the only way it will not apply is if a prisoner has been subject to additional days for proven misconduct before a judge. That is not earned progression; it is automatic release with a very low threshold of eligibility. There is no assessment of behaviour, remorse, work or engagement with treatment programmes. There is no review by the Parole Board. There is no evaluation of risk. There is only the clock.
The Lord Chancellor said that the public can be reassured because the “most serious offences”, as he termed them, will be excluded. However, the ministry’s own data confirms that offenders convicted of rape, child grooming and attempted murder will be eligible. If such offences are not within the Government’s definition of “serious”, I must ask the Minister to outline exactly which offences are considered serious. Every rape of a child or an adult, every victim of grooming and every life shattered by serious violence represents profound and enduring harm. On what basis are we telling victims that these crimes do not count and that they will meet their offenders at just one-third of their custodial sentence?
This is not a technical or procedural matter. It is a question of fundamental justice and of public protection. It is also a question of whether this House is prepared to legislate knowingly and deliberately to reduce prison time for such serious offenders. The Bill, as drafted, would cut custodial sentences for more than 60% of rapists and over 80% of offenders convicted of child sex offences. It would allow those convicted of stalking —an offence with one of the highest reoffending rates and a well-established connection to homicide—to be released automatically after serving only one-third of their sentence, and it would do so without assessment of risk and without any evidence of rehabilitation.
Amendment 94 would exclude from the early release provisions of Clause 20 those convicted of the most serious sexual and violent offences, including rape, child sexual abuse, stalking, grievous bodily harm and causing or allowing the death of a vulnerable child or adult. The amendment would also require the Secretary of State to consult and ensure exclusions for other serious offence categories before these drastic changes to sentencing came into force. The Conservatives and the Liberal Democrats in the other place were in rare agreement over this amendment—it was almost like a recall of a coalition concern. In that other place, I understand that 65 out of the 71 Members of the Liberal Democrat Party voted in favour of it.
We are told that the justification for these provisions is prison overcrowding, but the emergency powers that already exist to manage emergency capacity pressures have been installed and are not to be removed. The measures in this Bill will be permanent. They are not temporary; they are a long-term shift in sentencing policy that will reshape the criminal justice system for a generation. We spent much time earlier in Committee arguing against the presumption of suspended sentences, but Clause 20 deals with a far higher category of offenders: those who have been put into custody for several years but will now automatically be released at the one-third point.
The Government propose to release an estimated 43,000 offenders into the community who would previously have been imprisoned. As with many other clauses in the Bill, Clause 20 will place yet more pressure on probation services if implemented, and they already face a shortfall of 10,000 officers. The Suzy Lamplugh Trust warns that the system is already at breaking point and that releasing thousands more high-risk offenders without necessary supervision poses a serious threat to the safety of victims and to public confidence. The Domestic Abuse Commissioner has said that allowing perpetrators back into communities after only 28 days is “simply unacceptable”. The Victims’ Commissioner warned that victims will be left feeling “unnerved and bewildered”. These are not political opponents of the Bill but respected independent authorities speaking on behalf of victims and the public at large.
The Howard League warns that earned release models are undeliverable without a functioning rehabilitation infrastructure, yet prisons remain impoverished and dangerously unstable. Drugs and violence are rife. Education provision has been cut by up to 60% in some prisons, and half of prisoners receive no education or employment support at all. In that context, early release cannot be earned because there is nothing meaningful with which to earn it. Every Member of this House understands the need to reduce pressure on the prison estate, but public protection and public confidence must remain at the forefront of legislative change. The public expect that those who commit serious crime face real punishment and real consequences. More than 6,500 of the most serious criminals, including rapists, stalkers, violent attackers and even murderers, will qualify for early release.
The public do not expect Parliament to legislate to let these criminals out after one-third of their sentence. Every time a victim reads in the paper that the person who raped or attacked them has been released early, or a family sees the person responsible for the death of a child or a relative back in the community far sooner than they were told originally, that will create fissures in the rule of law. Public confidence matters because without it, the justice system loses legitimacy.
Amendment 94 is a proportionate and necessary step to ensure that early release is not granted to those whose crimes are simply too serious to justify automatic release. It represents the minimum safety measure that this House must insist on. The Government must accept that such serious offenders should not walk free after serving one-third of their sentence, and do so by default. If we take that step, we will lose sight of what our justice system is all about. I urge the Government to reconsider and to support the amendment in the interest of victims, of public protection, of public confidence, and of the integrity of our justice system. I beg to move.
Lord Keen of Elie (Con)
My Lords, I thank the Minister for his response. However, he has done nothing to reassure us that Clause 20 as drafted offers an earned progression model of any kind whatever. These are not temporary changes to relieve prison overpopulation but permanent changes to our justice system. We will, I suspect, return to these on Report but, in the meantime, I beg leave to withdraw the amendment.
Lord Keen of Elie (Con)
My Lords, I will speak in support of the amendments, as they seek to turn the Government’s earned progression scheme from a superficially attractive promise into a credible and responsible model for rehabilitation and, consequently, for public safety. As drafted, with release contingent only on the absence of serious misconduct, the provision does not amount at all to earned progression; it is simply accelerated release by default.
We know from recent evidence that meaningful rehabilitation in prison, such as through education and vocational training work, is far from universal. Only this year, the Government cut the provision of education services for prisoners by 20%, and for some prisons by up to 60%. The Justice Committee’s 2025 report found that roughly half of all prisoners are not engaged in education or employment programmes, and many remain confined for 22 hours a day. In those conditions, expecting that prisoners will earn their release by default is neither realistic nor responsible.
In that light, it is not only reasonable but imperative to link early release to engagement in meaningful activity. That is what Amendment 94A, tabled by the noble Lord, Lord Bach, seeks to do: it insists that a one-third release point is conditional on participation in meaningful activity. That would ensure that early release is genuinely earned and based on reform rather than simply time served.
Equally, the amendments put forward by the noble Lord, Lord Carter, seek to embed an earned progression principle for both standard and extended determinate sentences, rather than treating release as an automatic milestone after half the sentence has been served. This makes the model proportionate and conditional on real change, rather than automatic and unearned.
If we accept the Bill without amendments to the supposed progression model, we will knowingly legislate to release on terms we cannot expect to support rehabilitation or protect the public. Frankly, that is not reform; that is risk. But, if we accept the amendments in the name of the noble Lord, Lord Carter, we would reprioritise a system that balances the need to manage prison populations with the social imperative of reducing reoffending.
I thank all noble Lords for their submissions on these matters and for the amendments tabled by the noble Lords, Lord Bach and Lord Carter, and I look forward to hearing from the Minister in reply.
Lord Timpson (Lab)
My Lords, I am grateful to my noble friend Lord Bach for his amendment, which was supported by the noble Baroness, Lady Lawlor; I thank her for her kind comments about my previous work.
The amendment would allow the Secretary of State to modify the provisions of the Bill by regulations, so that no prisoner is released after serving one-third of their sentence unless they have earned release through purposeful activity. I want all prisoners to be in work or education, if they are able; however, we need to be realistic about what is possible in different types of prisons. Currently, prisoners do not have equal access to the full range of classes and employment required to meet their needs. To confirm, our education budget has been increased by 3%—but, unfortunately, that buys us less education. So, while one is up, the other is down. However, I think there are other things I can do to make improvements in that area.
We also need to be mindful that many prisoners may behave well but still struggle to engage with some activities. There are high levels of mental ill-health, trauma and neurodiversity that should be considered, and we often need to meet these needs before engagement with education and work can be productive. As noble Lords know, this is an area that I am passionate about. Positive change is necessary, but it is better achieved through gradual operational and policy improvements rather than legislative measures. I also agree that the Probation Service is vital to the ongoing support of offenders after release.
I thank the noble Lord, Lord Carter, for Amendments 95 and 128, which address release points for more serious offenders. Regarding Amendment 95, I must clarify that Clause 20 already sets an automatic release point of half way for these offences. Of course, if the offender behaves badly, they could have days added to their sentence. It is essential that the progression model can be implemented quickly and effectively. The best way to do that is via a system which we know works and is legally robust: the existing adjudication system.
Through Amendment 128, the noble Lord also raised an important question about prisoners serving an EDS. It would allow the Secretary of State to refer offenders serving an EDS to the Parole Board for consideration for release at the halfway point of their custodial term. At present, offenders serving an EDS are referred to the board after serving two-thirds of the custodial term, which is a statutory requirement.
The noble Lord’s amendment is similar in effect to a recommendation of the Independent Sentencing Review that the extended determinate sentences should include a progression element that would enable the parole eligibility date to be brought forward to the halfway point. But the Government rejected that recommendation on the basis that, for an offender to receive an extended determinate sentence, the court will have decided that they are dangerous. These are offenders who have committed serious offences, such as rape, other sexual offences or violence against a person. To impose an EDS, the court will have decided that there was a risk of them doing so again in the future. This is not the case with standard determinate sentences. Having seen all the evidence, the trial judge will have imposed a custodial term that reflects the seriousness of the offence. Prison is the right place for dangerous offenders such as these. Our firm view is that they should not be able to achieve an early release through progression and should remain in prison for as long as they do now.
I turn briefly to Amendment 139C in the name of the noble Baroness, Lady Jones. I assure the noble Baroness that we monitor the performance of the adjudication system and it remains under constant review. I get regular data on prisons, but I am happy to write to the noble Baroness, Lady Hamwee, with the answers to her question.
We have effective scrutiny structures in place through His Majesty’s Inspectorate of Prisons and independent monitoring boards. They are able to provide valuable insight into the operations of the prisoner adjudication system. To reassure noble Lords, I ask questions about the adjudication system on every prison visit.
As noble Lords are aware, I am passionate about this area and have routinely pressed for improvements, but my view is that this is best achieved through existing monitoring and scrutiny rather than legislation. I urge my noble friend to withdraw his amendment.
Lord Marks of Henley-on-Thames (LD)
My Lords, I wish to speak to my Amendments 111 to 113. When asked by the Deputy Chairman, I said that I did not wish to do so, but that was because I did not realise that we had jumped an amendment.
These three amendments concern recall for a fixed term. The first point is the question of whether recall should be for a maximum of 56 days rather than a fixed period of 56 days. As presently structured, recall to prison is to an automatic release date 56 days after the recall occurs. The purpose of my three amendments is both to make the 56-day period a maximum period, not a fixed period, and to make automatic release subject to the exclusion in those cases where it applies—and in that it has much sympathy with the amendment moved by the noble Baroness, Lady Bennett, on behalf of the noble Baroness, Lady Jones of Moulsecoomb. The process for determining the period will need to be fixed by regulations, but the intention is clear, and I am happy to discuss how substituting a flexible period for a fixed period might be implemented.
The fact is that recalls happen for a number of reasons, some of which may be relatively trivial breaches of conditions. I am concerned—as was my honourable friend Jess Brown-Fuller, the MP for Chichester, who moved similar amendments in the other place—about the effect of a blanket fixed period of recall irrespective of the seriousness or otherwise of the breach that brought about the recall, and believe it may be inappropriate.
It may be that 56 days or eight weeks, which is quite a long time, is far too long for a prisoner who faces recall for missing a probation appointment, for example. It would almost inevitably interfere with work where an offender had found work. It could interfere with housing and educational or rehabilitative programmes in the community. Community programmes are, I understand, typically held open for four weeks, so eight weeks would mean that they were closed. An eight-week recall might have a damaging effect on mental health treatments which a recently released prisoner was undertaking. Addiction programmes might be undesirably affected. A shorter recall might avoid that.
Furthermore, an unnecessarily long recall for a minor infringement of conditions would do nothing to reduce the prison capacity shortage as it continues, while a shorter recall would mitigate it. Other recalls may be much more serious. In such cases, 56 days may be too short a period. The 56-day automatic release provision in our Amendment 113 would take effect subject to the provision excluding automatic releases in serious cases, so that those who had committed more serious offences would not be automatically released at the 56-day point. That might be particularly appropriate if an offender who had been guilty of domestic abuse or stalking had been recalled for intimidating, harassing or stalking their victims. While they would presently be required to be released under the proposals as I understand them, our amendment would rectify this.
Lord Keen of Elie (Con)
My Lords, the amendment in the name of the noble Lord, Lord Russell of Liverpool, would make the cause of an offender’s recall a necessary consideration when determining whether the offender should be released at the end of the automatic release period. This is a prudent approach. We do not want people with a record of breaking probation conditions given the chance to do so again after just 56 days. We therefore support the aim of the noble Lord’s amendment.
Lord Timpson (Lab)
I thank noble Lords for these amendments and for providing me with the opportunity to clarify the Government’s position on recall reforms. The policy in this Bill is designed to support rehabilitation and reduce the need for future recalls, but recall remains an essential safeguard to protect the public when risk increases. The 56-day period provides more time to undertake a thorough review of an offender’s release plans and licence conditions, ensuring that needs and risks are managed. There is a specific focus on mitigating risks against known victims.
I turn first to the amendment tabled to Clause 26 by the noble Baroness, Lady Jones. The existing recall test set out in operational guidance already provides a clear and robust framework for decision-making. It ensures that recall is used appropriately when risk can no longer be safely managed in the community. Legislation is a blunt and inflexible tool and would create barriers to recall where swift action was needed to protect the public. Let me give a brief illustration. An individual on licence for stalking and harassment begins to show a marked deterioration in their mental health. They commit breaches, entering an exclusion zone and making indirect contact with a victim online. None of those incidents taken alone would have met a rigid statutory test such as imminent risk or persistent non-compliance but, viewed together, they clearly indicate escalating risk.
It is important to note that the clause already includes a power for the Secretary of State to amend the recall power in Section 254 of the Criminal Justice Act 2003, specifically to make provision about the circumstances in which a person may or may not be recalled. This means that there is already flexibility to adjust the recall framework in future should evidence show that further refinement is needed. For these reasons, it is not necessary to legislate to amend the recall threshold at this time, but I am keen to review what more can be done beyond the Bill to bear down on the use of recall and ensure that it is really the last resort.
The offences listed in Amendment 121, tabled by the noble Lord, Lord Marks, and the noble Baroness, Lady Hamwee, are extremely serious. While some of these cases would fall within the scope of the new recall model, many of the perpetrators of the offences referenced are excluded. This is because they will have received life sentences or extended determinate sentences and therefore remain subject to standard recall arrangements. This means that their re-release will be subject to approval by the Parole Board or the Secretary of State.