I hear the words, “higher bar”. I do not disagree that “exceptional circumstances” is a stricter test. There is case law on that, although the name of the case has slipped my mind, but I am happy to write to the noble Lord, Lord German. I see that the noble and learned Lord, Lord Judge, who may remember, is here. I am sorry to give him exam questions. “Exceptional” is a word that has been passed and interpreted by the courts at a high level. It is proper to leave it to them to decide what “exceptional circumstances” means. However, I will write to the noble Lord with the case law, once my memory comes back to me.
4.45 pm
I will now move to the last of the amendments to Clause 107. Children who commit the gravest crimes can be given a standard determinate sentence known as a section 250 sentence. This sentence has automatic release at the halfway point; the remainder is served on licence in the community. In this Bill, we are moving automatic release from the halfway to the two-thirds point for section 250 sentences of seven years or more which have been given for the most serious violent offences and all serious sexual offences. These are sexual offences with a maximum penalty of life, as well as manslaughter, attempted murder, soliciting murder and wounding with intent to commit grievous bodily harm.
In this regard, we are taking a different approach for children from adults in two respects. First, we are not changing the release point for children sentenced to between four and seven years, but only for those sentenced to seven years or longer. For adults, it includes the four to seven-year cohort as well. Secondly, for those children who are sentenced to seven years or longer, we are focusing on only the most serious of offences which pose a significant threat to public safety. By contrast, the amendment would retain automatic release at the halfway point, regardless of length or offence committed. For the reasons I have set out, we think that inappropriate.
I am conscious that I have said quite a bit on this, but we have had some debate on what “mandatory” means. I will finish with three points. First, the noble Baroness, Lady Massey, asked where Scotland and Wales are with the UN Convention on the Rights of the Child. There was the Supreme Court case with the Scottish legislation, but, as I am not sure exactly where the devolved Administrations are up to, I will write with the up-to-date information.
Secondly, a discrimination point was made. The Bill is fully compliant with convention rights, as my noble friend Lady Williams of Trafford has certified under Section 19(1)(a) of the Human Rights Act.
Thirdly, I will take a moment to respond to the point from the noble Lord, Lord German, about those who cross the threshold from childhood to adulthood because of delays in court. Sentencing powers are determined, consistently with what I have been saying, by the offender’s age at the time of conviction. However, sentencing guidelines make it clear that the courts should use a sentence that would have been given at the time the offence was committed as a starting point. In addition, they emphasise that sentencers should take an offender’s maturity and any other factors into account even after they turn 18. In terms of delays, youth cases have been prioritised and are regularly reviewed to ensure that they are being listed as expeditiously as possible, listing being a judicial function, especially cases that involve youths in custody and those where a child is almost 18. I hope that answers the noble Lord’s point.
For the reasons I have set out, I hope the noble Baroness will be content to withdraw her amendment.