House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Notices of Amendments: 22 November 2013
24

Offender Rehabilitation Bill-[Lords], continued

  ‘(8A)
The court must be satisfied when discharging an order for good progress that

the offender has complied with all requirements and not been charged with any

subsequent offence.’.

Jeremy Wright

10

Clause  6,  page  5,  line  41,  leave out ‘264A’ and insert ‘264B’.

Jeremy Wright

11

Clause  6,  page  6,  line  13,  leave out ‘After that section’ and insert ‘Before section

265 (and the italic heading before it)’.

Jeremy Wright

12

Clause  6,  page  6,  line  14,  leave out ‘264A’ and insert ‘264B’.

Jeremy Wright

13

Clause  6,  page  6,  line  31,  at end insert—

‘( )
In section 249(3) (duration of licence)—

(a)
for “sections” substitute “section”, and

(b)
for “and 264(3)” substitute “and sections 264(3C)(a) and 264B”.

( )
In section 250 (licence conditions), omit subsection (7).’.

Jeremy Wright

14

Schedule  3,  page  29,  line  20,  leave out ‘264A(1)’ and insert ‘264B(1)’.

Jeremy Wright

15

Clause  10,  page  9,  line  7,  at end insert—

‘( )
in subsection (4), for “that period” substitute “the automatic release

period”,’.

Jeremy Wright

16

Clause  12,  page  10,  line  14,  leave out subsection (2) and insert—

‘(2)
In section 64 (release on licence: drug testing requirements)—

Notices of Amendments: 22 November 2013
25

Offender Rehabilitation Bill-[Lords], continued

(a)
in subsection (1)(a), omit “for a trigger offence, and”,

(b)
in that subsection, at the end insert “, and

(c)
the Secretary of State is satisfied of the matters in

subsection (1A).”,

(c)
after that subsection insert—

“(1A)
Those matters are—

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

or a specified class B drug caused or contributed to an

offence of which the person has been convicted or is

likely to cause or contribute to the commission of further

offences by the person, and

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

misuse, a specified class A drug or a specified class B

drug.”,

(d)
in subsection (2), after “conditions” insert “mentioned in subsection

(1)(b)”, and

(e)
in subsection (3), after “specified Class A drug” insert “or specified Class

B drug”.’.

Jeremy Wright

17

Clause  12,  page  10,  line  21,  leave out subsections (4) and (5).

Jeremy Wright

18

Clause  13,  page  11,  line  16,  leave out ‘imposed on the offender’s release’ and

insert ‘mentioned in subsection (1)(b)’.

Jenny Chapman

Mr Andy Slaughter

Karl Turner

Mr Elfyn Llwyd

2

Clause  14,  page  12,  line  25,  at end insert—

‘(1A)

(a)
Where the offender is sentenced to a community or suspended sentence

order after being charged with an offence of a violent or sexual nature, a

stalking offence or a domestic violence offence, the responsible officer

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.’.

Notices of Amendments: 22 November 2013
26

Offender Rehabilitation Bill-[Lords], continued

Jenny Chapman

Mr Andy Slaughter

Karl Turner

Mr Elfyn Llwyd

5

Clause  14,  page  12,  line  25,  at end insert—

‘(1A)
The Secretary of State must prescribe minimum training requirements to be

completed by the responsible officer in regulations to be laid before, and

approved by resolution of, both Houses of Parliament.’.

Jenny Chapman

Mr Andy Slaughter

Karl Turner

Mr Elfyn Llwyd

6

Clause  14,  page  12,  line  25,  at end insert—

‘(1A)
Where the responsible officer 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 performance standards; and

(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.’.

Jenny Chapman

Mr Andy Slaughter

Karl Turner

Mr Elfyn Llwyd

37

Clause  14,  page  12,  line  29,  at end add—

‘(3)
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.’.

Mr Elfyn Llwyd

27

Schedule  4,  page  30,  line  35,  at end insert—

  ‘(1A)
When a matter is referred to an enforcement officer under paragraph 5(1)(b) or

6(1) the matter should be dealt with within 24 hours of the referral.’.

Mr Elfyn Llwyd

28

Schedule  4,  page  30,  line  40,  at end insert—

Notices of Amendments: 22 November 2013
27

Offender Rehabilitation Bill-[Lords], continued

    ‘(3)
The Secretary of State must ensure sufficient enforcement officers are

available to lay information before the courts.’.

Jenny Chapman

Mr Andy Slaughter

Karl Turner

Mr Elfyn Llwyd

36

Clause  22,  page  18,  line  32,  at end insert—

‘(1A)
Section 3 comes into force in accordance with section 3(5).’.

Jenny Chapman

Mr Andy Slaughter

Karl Turner

Mr Elfyn Llwyd

38

Clause  22,  page  18,  line  32,  at end insert—

‘(1A)
Section 14 comes into force in accordance with section 14(3).’.

Jeremy Wright

19

Clause  24,  page  19,  line  25,  leave out subsection (2).

NEW CLAUSES

Requirement to pilot before tendering for probation services

Mr Elfyn Llwyd

NC1

To move the following Clause:—

‘No national tendering for any probation service shall commence before any

proposed restructuring of such services has been the subject of a pilot scheme

which is subsequently independently monitored and the results of such

monitoring laid before both Houses of Parliament.’.

Notices of Amendments: 22 November 2013
28

Offender Rehabilitation Bill-[Lords], continued

Requirement to pilot before restructuring probation services

Mr Elfyn Llwyd

NC2

To move the following Clause:—

‘Any proposed restructuring of the Probation Service must first be the subject of

an independently evaluated pilot scheme and the proposals should be laid before

Parliament and be approved by resolution of both Houses.’.

Annual reporting of reconviction rates

Mr Elfyn Llwyd

NC3

To move the following Clause:—

‘The Secretary of State must publish an annual report which must include details

of the impact of new measures on the reconviction rates of offenders supervised

by providers of probation services and as a consequence of participating in any

programme or intervention.’.

Mental health treatment requirements

Jenny Chapman

Mr Andy Slaughter

Karl Turner

Mr Elfyn Llwyd

NC4

To move the following Clause:—

‘The Secretary of State must annually publish the number of mental health

treatment requirements, as defined in section 208 of the Criminal Justice Act

2003, imposed as part of a community order or suspended sentence order by each

court in England and Wales.’.

Provision of probation services

Jenny Chapman

Mr Andy Slaughter

Karl Turner

Mr Elfyn Llwyd

NC5

To move the following Clause:—

Notices of Amendments: 22 November 2013
29

Offender Rehabilitation Bill-[Lords], continued

‘In any scheme for the supervision of offenders under sections 3 to 7, probation

trusts and local authorities shall be permitted to tender for contracts.’.

Access to Victims’ Liason Services for victims of domestic violence or stalking

Mr Elfyn Llwyd

NC6

To move the following Clause:—

‘After section 57 of the Domestic Violence, Crime and Victims Act 2004 there is

inserted—

“57A
Any victim of domestic violence or stalking or both shall have access

to Victims’ Liaison Services, including a women’s safety officer.”.’.

Order of the House [11 November 2013]

That the following provisions shall apply to the Offender Rehabilitation Bill [Lords]:

Committal

1.
The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

2.
Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on Tuesday 3 December 2013.

3.
The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.

Consideration and Third Reading

4.
Proceedings on Consideration shall (so far as not previously concluded) be

brought to a conclusion one hour before the moment of interruption on the

day on which those proceedings are commenced.

5.
Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on that day.

6.
Standing Order No. 83B (Programming committees) shall not apply to

proceedings on consideration and Third Reading.

Other proceedings

7.
Any other proceedings on the Bill (including any proceedings on

consideration of any message from the Lords) may be programmed.



© Parliamentary copyright	Revised 25 November 2013