House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

17

House of Commons

Notices of Amendments

given up to and including

Friday 22 November 2013

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Public Bill Committee

Offender Rehabilitation Bill [Lords]

Note

The Amendments have been arranged in accordance with the Order to be

proposed by Jeremy Wright.

Resolution of the Programming Sub-Committee

The Programming Sub-Committee appointed by the Speaker in respect of the Bill

agreed the following Resolution at its meeting on Thursday 21 November (Standing Order

83C):

That—

(1)
the Committee shall (in addition to its first meeting at 8.55 am on Tuesday 26

November) meet—

(a)
at 2.00 pm on Tuesday 26 November;

(b)
at 11.30 am and 2.00 pm on Thursday 28 November;

(c)
at 8.55 am and 2.00 pm on Tuesday 3 December;

(2)
the proceedings shall be taken in the following order: Clauses 1 to 3;

Schedule 1; Clause 4; Schedule 2; Clauses 5 to 8; Schedule 3; Clauses 9 to

14; Schedule 4; Clause 15; Schedule 5; Clauses 16 to 19; Schedule 6; Clauses

20 and 21; Schedule 7; Clauses 22 to 24; new Clauses; new Schedules;

remaining proceedings on the Bill;

(3)
the proceedings shall (so far as not previously concluded) be brought to a

conclusion at 5.00 pm on Tuesday 3 December.

Notices of Amendments: 22 November 2013
18

Offender Rehabilitation Bill-[Lords], continued

Jeremy Wright has given notice of his intention to move a motion in the terms of the

Resolution of the Programming Sub-Committee [Standing Order 83C].

Jeremy Wright

That, subject to the discretion of the Chair, any written evidence received by the

Committee shall be reported to the House for publication.

Jenny Chapman

Mr Andy Slaughter

Karl Turner

51


Clause  1,  page  1,  line  3,  leave out ‘structure of the probation service’ and insert

‘responsbilities of, or Ministry of Justice contracts with, probation trusts.’.

Jeremy Wright

7

Page  1,  line  2,  leave out Clause 1.

Mr Elfyn Llwyd

43


Clause  3,  page  2,  line  23,  leave out ‘must comply with the supervision

requirements’ and insert ‘is entitled to be supervised on a voluntary basis’.

Mr Elfyn Llwyd

44


Clause  3,  page  2,  leave out lines 29 to 31.

Mr Elfyn Llwyd

48


Clause  3,  page  2,  line  34,  leave out ‘the period of’ and insert ‘a period specified by

the sentencing court which does not exceed’.

Mr Elfyn Llwyd

45


Clause  3,  page  2,  leave out lines 39 and 40.

Jenny Chapman

Mr Andy Slaughter

Karl Turner

Mr Elfyn Llwyd

4

Clause  3,  page  2,  line  42,  at end insert—

Notices of Amendments: 22 November 2013
19

Offender Rehabilitation Bill-[Lords], continued

‘(7A)
The Secretary of State must prescribe minimum training requirements to be

completed by the supervisor, in regulations to be laid before, and approved by

resolution of, both Houses of Parliament.’.

Jenny Chapman

Paul Goggins

Mr Andy Slaughter

Karl Turner

49


Clause  3,  page  2,  line  42,  at end insert—

‘(7A)

(a)
at the start of the supervision period the supervisor must record whether

the offender is currently or has previously been looked after by a local

authority.

(b)
where the offender is an eligible child as defined in paragraph 19B(2) of

Part II of Schedule 2 to the Children Act 1989, the supervisor must

discharge the functions conferred on him by this Chapter in consultation

with the local authority responsible for preparing a pathway plan for the

offender.

(c)
in this subsection “looked after by a local authority” shall have the same

meaning as in section 22(1) of the Children Act 1989.’.

Jenny Chapman

Mr Andy Slaughter

Karl Turner

50


Clause  3,  page  2,  line  42,  at end insert—

‘(7A)
The supervisor must explain to the offender in language appropriate to his

individual intellectual ability and understanding—

(a)
the effect of the supervision requirements, and

(b)
the effect of non-compliance with any requirement with which the

offender is required to comply.’.

Jenny Chapman

Mr Andy Slaughter

Karl Turner

Mr Elfyn Llwyd

30

Clause  3,  page  3,  line  1,  after (8) insert ‘Subject to subsection (8A)’.

Mr Elfyn Llwyd

46


Clause  3,  page  3,  line  1,  leave out ‘subject to supervision requirements’ and insert

‘who is entitled to be supervised on a voluntary basis’.

Mr Elfyn Llwyd

20

Clause  3,  page  3,  line  2,  leave out ‘officer of a provider of probation services’ and

insert ‘officer of a probation trust’.

Notices of Amendments: 22 November 2013
20

Offender Rehabilitation Bill-[Lords], continued

Jenny Chapman

Mr Andy Slaughter

Karl Turner

Mr Elfyn Llwyd

1

Clause  3,  page  3,  line  5,  at end insert—

‘(8A)

(a)
Where the offender is under supervision following a custodial sentence

for an offence of a violent or sexual nature, a stalking offence or a

domestic violence offence, the supervisor must be an officer of a public

sector provider of probation services.

(b)
In subparagraph (a) “public sector provider” means—

(i)
a probation trust, or

(ii)
the national probation service.’.

Jenny Chapman

Mr Andy Slaughter

Karl Turner

Mr Elfyn Llwyd

31

Clause  3,  page  3,  line  5,  at end insert—

‘(8A)

(a)
where the offender turns 18 on or before the last day of the requisite

custodial period but is under the age of 21, the supervisor may be a

member of a youth offending team established by the local authority in

whose area the offender resides for the time being.

(b)
the decision as to when to transfer responsibility for an offender from a

member of a youth offending team to an officer of another provider of

probation services must be taken by the relevant youth offending team,

in consultation with the future provider of probation services.’.

Jenny Chapman

Mr Andy Slaughter

Karl Turner

Mr Elfyn Llwyd

33

Clause  3,  page  3,  line  5,  at end insert—

‘(8A)
Where the supervisor is an officer of a non-public sector provider of probation

services the Secretary of State must—

(a)
designate the provider as a “public authority”, as defined in section 3 of

the Freedom of Information Act 2000;

(b)
limit contractual arrangements with the provider for the provision of

probation services to a maximum length of five years;

(c)
prescribe key performance standards that the provider is required to meet

in regulations to be laid before, and approved by resolution of, both

Houses of Parliament;

(d)
have the power to terminate the contractual arrangements at any time if

the provider fails to meet the key perfomance standards;

(e)
agree with the provider a percentage of the contract fee that must be

returned to the Exchequer on the occasion that the provider fails to meet

the key performance standards.’.

Notices of Amendments: 22 November 2013
21

Offender Rehabilitation Bill-[Lords], continued

Jenny Chapman

Mr Andy Slaughter

Karl Turner

Mr Elfyn Llwyd

34

Clause  3,  page  3,  line  5,  at end insert—

‘(8A)
Supervisors may not be officers of any provider of probation services that is under

investigation by a UK police force, the Serious Fraud Office or any other UK law

enforcement agency.’.

Mr Elfyn Llwyd

40


Clause  3,  page  3,  line  5,  at end insert—

‘(8A)
A court passing a sentence to which this section applies may—

(a)
provide for progress of supervision to be reviewed periodically at

specified intervals,

(b)
provide for each review to be made at a hearing held for the purpose by

the court which passed the sentence,

(c)
require the offender to attend each review hearing,

(d)
provide for the supervisor to make to the court before each review a

report in writing on the offender’s progress under supervision, and

(e)
at a review hearing, after considering the supervisor’s report, amend the

supervision requirements.’.

Mr Elfyn Llwyd

22

Clause  3,  page  3,  line  6,  at end add—

‘(8A)
Offenders released under this section shall be supervised by staff working for the

National Probation Service or staff seconded from the National Probation Service

to other providers of probation services.’.

Jenny Chapman

Mr Andy Slaughter

Karl Turner

Mr Elfyn Llwyd

35

Clause  3,  page  3,  line  20,  at end add—

‘(5)
This section may not come into force until such a time as the Secretary of State

has piloted the provisions in one or more probation trust areas, and has laid before

Parliament an independent evaluation of the pilot.’.

Jenny Chapman

Mr Andy Slaughter

Karl Turner

52


Clause  3,  page  3,  line  20,  at end insert—

‘(5)
The Secretary of State must lay before both Houses of Parliament a report on the

cost of implementing the provisions in this section after one year of it coming into

force.’.

Mr Elfyn Llwyd

21

Clause  3,  page  3,  line  20,  at end add—

Notices of Amendments: 22 November 2013
22

Offender Rehabilitation Bill-[Lords], continued

‘(5)
A supervisor may apply to the court for the supervision period to be discharged

for good conduct provided that half of that supervision period has been

completed.’.

Jenny Chapman

Mr Andy Slaughter

Karl Turner

Mr Elfyn Llwyd

3

Schedule  1,  page  20,  line  34,  at end insert—

‘(k)
a mental health assessment requirement.’.

Mr Elfyn Llwyd

23

Schedule  1,  page  20,  line  34,  at end add—

‘(k)
literacy, numeracy and employment training.’.

Jenny Chapman

Mr Andy Slaughter

Karl Turner

Mr Elfyn Llwyd

39

Schedule  1,  page  21,  line  10,  at end insert—

‘(4A)
An order under subsection (4) shall be made by statutory instrument.

(4B)
A statutory instrument introduced under subsection (4A) shall be subject to

approval by both Houses of Parliament.’.

Jeremy Wright

8

Schedule  1,  page  21,  line  26,  leave out paragraph (a) and insert—

‘(a)
the Secretary of State is satisfied of the matters in subsection (2A),’.

Jeremy Wright

9

Schedule  1,  page  21,  line  30,  at end insert—

‘(2A)
Those matters are—

(a)
that the misuse by the offender of a specified class A drug or a specified

class B drug caused or contributed to an offence of which the offender

has been convicted or is likely to cause or contribute to the commission

of further offences by the offender, and

(b)
that the offender is dependent on, or has a propensity to misuse, a

specified class A drug or a specified class B drug.’.

Mr Elfyn Llwyd

24

Schedule  1,  page  21,  line  31,  at end insert—

Notices of Amendments: 22 November 2013
23

Offender Rehabilitation Bill-[Lords], continued

‘(c)
the drug test must be administered by a professionally qualified

practitioner.’.

Mr Elfyn Llwyd

42


Clause  4,  page  4,  leave out lines 1 and 2.

Mr Elfyn Llwyd

41


Clause  4,  page  4,  line  9,  after “204)” insert ‘, or

(d)
restate the requirements with which the offender must comply and warn

the offender of the consequences if he fails on a further occasion to

comply with any of the requirements of the order.’.

Jenny Chapman

Mr Andy Slaughter

Karl Turner

Mr Elfyn Llwyd

32

Clause  4,  page  4,  line  28,  at end insert—

‘(9A)
The Secretary of State must make an annual report to Parliament on the number

of breaches of a supervision requirement recorded in the preceding year, the

reasons recorded for an offender’s failure to comply in each case, and the

outcome in each case including details of any order imposed on the offender by a

magistrates’ court.’.

Mr Elfyn Llwyd

47


Page  3,  line  21,  leave out Clause 4.

Mr Elfyn Llwyd

29

Schedule  2,  page  24,  line  35,  at end insert—

‘(c)
a provider of probation services must ensure that any matter regarding

breach or an amendment to supervision after the end of sentence is

referred to an enforcement officer immediately following discovery of

an allegation of breach or any need to award the supervision order.’.

Mr Elfyn Llwyd

26

Schedule  2,  page  25,  line  37,  at end insert ‘and the Court may in cases it considers

necessary call the supervisor to give evidence at such hearing.’.

Mr Elfyn Llwyd

25

Schedule  2,  page  26,  line  33,  at end insert—



© Parliamentary copyright	Revised 25 November 2013