Offender Rehabilitation BillPage 10
insert—
“(6A)
The Secretary of State must ensure that arrangements under subsection
(2) or (5) for the supervision or rehabilitation of persons convicted of
offences—
(a)
5state that the Secretary of State has, in making the
arrangements, complied with the duty under section 149 of the
Equality Act 2010 (public sector equality duty) as it relates to
female offenders, and
(b)
identify anything in the arrangements that is intended to meet
10the particular needs of female offenders.”
(1) The Criminal Justice and Court Services Act 2000 is amended as follows.
(2)
In section 64(3) (release on licence: drug testing requirements), after “specified
15Class A drug” insert “or specified Class B drug”.
(3) In section 70(1) (interpretation)—
(a)
for ““Class A drug” has” substitute ““Class A drug” and “Class B drug”
have”, and
(b)
in the definition of ““specified””, after “Class A drug” insert “or Class B
20drug”.
(4)
In paragraph 2 of Schedule 6 (offences under the Misuse of Drugs Act 1971 that
are trigger offences), after “specified Class A drug” insert “or a specified Class
B drug”.
(5)
In section 63C(6) of the Police and Criminal Evidence Act 1984 (testing persons
25in police detention for presence of Class A drugs: supplementary)—
(a)
for “and “trigger offence” have the same meanings” substitute “has the
same meaning”, and
(b) at the end insert—
““trigger offence” has the same meaning as in that Part,
30except that an offence under the Misuse of Drugs Act
1971 is a trigger offence only if committed in respect of a
specified Class A drug.”
(1)
In Chapter 2 of Part 3 of the Criminal Justice and Court Services Act 2000
35(dealing with offenders), after section 64 insert—
(1) This section applies where—
(a)
the Secretary of State releases a person serving a sentence of
imprisonment (“the offender”) who is aged 18 or over,
(b)
40the release is subject to conditions (whether conditions of a
licence or any other conditions, however expressed),
Offender Rehabilitation BillPage 11
(c)
an officer of a provider of probation services has recommended
to the Secretary of State that a condition authorised by this
section be imposed on the offender, and
(d) the Secretary of State is satisfied of the matters in subsection (2).
(2) 5Those matters are—
(a)
that the misuse by the offender of a controlled 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,
(b)
10that the offender is dependent on, or has a propensity to misuse,
a controlled drug,
(c)
that the dependency or propensity requires, and may be
susceptible to, treatment, and
(d)
that arrangements have been made, or can be made, for the
15offender to have treatment.
(3)
The conditions imposed on the offender’s release may include a
condition which requires the offender, in accordance with instructions
given by an officer of a provider of probation services, to attend
appointments with a view to addressing the offender’s dependency on,
20or propensity to misuse, a controlled drug.
(4) The condition must specify—
(a)
the person with whom the offender is to meet or under whose
direction the appointments are to take place, and
(b) where the appointments are to take place.
(5)
25The person specified under subsection (4)(a) must be a person who has
the necessary qualifications or experience.
(6)
The only instructions that an officer of a provider of probation services
may give for the purposes of the requirement are instructions as to—
(a) the duration of each appointment, and
(b) 30when each appointment is to take place.
(7)
For the purposes of this section, references to a requirement to attend
an appointment do not include a requirement to submit to treatment.
(8) In this section—
“controlled drug” has the same meaning as in the Misuse of Drugs
35Act 1971;
“sentence of imprisonment” does not include a detention and
training order or an order under section 211 of the Armed
Forces Act 2006 but does include—
a sentence of detention in a young offender institution,
40a sentence of detention under section 90 of the Powers of
Criminal Courts (Sentencing) Act 2000 (detention at Her
Majesty’s pleasure),
a sentence of detention under section 91 of that Act
(detention of offenders under 18 convicted of certain
45serious offences),
a sentence of custody for life under section 93 or 94 of
that Act,
Offender Rehabilitation BillPage 12
a sentence of detention under section 226, 226B or 228 of
the Criminal Justice Act 2003 (including one passed as a
result of section 221, 221A or 222 of the Armed Forces
Act 2006),
5a sentence of detention under section 209 of the Armed
Forces Act 2006 (detention of offenders under 18
convicted of certain serious offences), and
a sentence of detention under section 218 of that Act
(detention at Her Majesty’s pleasure).”
(2)
10In section 250 of the Criminal Justice Act 2003 (licence conditions), in
subsection (4)(b)(i), for “or 64” substitute “, 64 or 64A”.
(1) For section 197 of the Criminal Justice Act 2003 substitute—
(1)
For the purposes of this Part, “the responsible officer”, in relation to an
offender to whom a relevant order relates, means the person who is for
the time being responsible for discharging the functions conferred by
this Part on the responsible officer in accordance with arrangements
20made by the Secretary of State.
(2) The responsible officer must be—
(a) an officer of a provider of probation services, or
(b)
a person responsible for monitoring the offender in accordance
with an electronic monitoring requirement imposed by the
25relevant order.”
(2) In Schedule 4 to this Act—
(a)
Part 1 contains amendments which confine certain functions of
responsible officers to the public sector, and
(b) Part 2 contains consequential provision.
(1) The Criminal Justice Act 2003 is amended as follows.
(2)
In sections 177(1) and 190(1) (requirements that may be imposed as part of a
community order or suspended sentence order) after paragraph (a) insert—
“(aa)
a rehabilitation activity requirement (as defined by section
35200A),”.
(3) After section 200 insert—
(1)
In this Part “rehabilitation activity requirement”, in relation to a
relevant order, means a requirement that, during the relevant period,
40the offender must comply with any instructions given by the
responsible officer to attend appointments or participate in activities or
both.
Offender Rehabilitation BillPage 13
(2)
A relevant order imposing a rehabilitation activity requirement must
specify the maximum number of days for which the offender may be
instructed to participate in activities.
(3)
Any instructions given by the responsible officer must be given with a
5view to promoting the offender’s rehabilitation; but this does not
prevent the responsible officer giving instructions with a view to other
purposes in addition to rehabilitation.
(4)
The responsible officer may instruct the offender to attend
appointments with the responsible officer or with someone else.
(5)
10The responsible officer, when instructing the offender to participate in
activities, may require the offender to—
(a)
participate in specified activities and, while doing so, comply
with instructions given by the person in charge of the activities,
or
(b)
15go to a specified place and, while there, comply with any
instructions given by the person in charge of the place.
(6)
The references in subsection (5)(a) and (b) to instructions given by a
person include instructions given by anyone acting under the person’s
authority.
(7)
20The activities that responsible officers may instruct offenders to
participate in include—
(a) activities forming an accredited programme (see section 202(2));
(b) activities whose purpose is reparative.
(8)
Where compliance with an instruction would require the co-operation
25of a person other than the offender, the responsible officer may give the
instruction only if that person agrees.
(9) In this section “the relevant period” means—
(a)
in relation to a community order, the period for which the
community order remains in force, and
(b)
30in relation to a suspended sentence order, the supervision
period as defined by section 189(1A).”
(4)
Sections 201 and 213 (activity requirements and supervision requirements) are
repealed.
(5) Schedule 5 to this Act contains consequential provision.
(1) The Criminal Justice Act 2003 is amended as follows.
(2)
In section 202 (programme requirement) omit subsection (7) (person may be
required to participate in accredited programmes only at approved places).
(3)
In Schedule 9 (transfer of community orders to Scotland or Northern
40Ireland)—
(a) in paragraph 2(3), omit paragraph (b);
(b) in paragraph 4(3), omit paragraph (b).
(4)
In Schedule 13 (transfer of suspended sentence orders to Scotland or Northern
Ireland)—
Offender Rehabilitation BillPage 14
(a) in paragraph 4(3), omit paragraph (b);
(b) in paragraph 9(3), omit paragraph (b).
(1) The Criminal Justice Act 2003 is amended as follows.
(2) 5Section 214 (attendance centre requirement) is amended as follows.
(3) In subsection (1)—
(a) omit “specified in the relevant order”, and
(b) for “so specified” substitute “specified in the relevant order”.
(4)
In subsection (3), for “the attendance centre to be specified in it” substitute “an
10attendance centre which is available for persons of the offender’s description”.
(5) After subsection (3) insert—
“(3A)
The attendance centre at which the offender is required to attend is to
be notified to the offender by the responsible officer from time to time.
(3B)
When choosing an attendance centre, the responsible officer must
15consider—
(a)
the accessibility of the attendance centre to the offender, having
regard to the means of access available to the offender and any
other circumstances, and
(b) the description of persons for whom it is available.”
(6) 20Section 218 (availability of arrangements in local area) is amended as follows.
(7)
In subsection (4)(a), for “the relevant areas mentioned in subsections (5) to (7)”
substitute “the relevant area (see subsections (5) to (7))”.
(8)
In subsection (6), for “the area in which the attendance centre proposed to be
specified in the order is situated” substitute “an area in which there is an
25attendance centre which is available for persons of the offender’s description
and which the court is satisfied is reasonably accessible to the offender”.
(9)
In Schedule 14 (persons to whom copies of requirements to be provided in
particular cases), in the table, omit the entry relating to an attendance centre
requirement.
(1) The Criminal Justice Act 2003 is amended as follows.
(2) After section 220 insert—
(1)
An offender in respect of whom a relevant order is in force must not
35change residence without permission given in accordance with this
section by—
(a) the responsible officer, or
(b) a court.
(2)
The appropriate court may, on an application by the offender, give
40permission in a case in which the responsible officer has refused.
Offender Rehabilitation BillPage 15
(3)
A court may also give permission in any proceedings before it under
Schedule 8 or 12 (breach or amendment of orders etc).
(4)
The grounds on which the responsible officer or court may refuse an
application for permission are that, in the opinion of the officer or court,
5the change in residence—
(a)
is likely to prevent the offender complying with a requirement
imposed by the relevant order, or
(b) would hinder the offender’s rehabilitation.
(5)
The obligation imposed by subsection (1) is enforceable as if it were a
10requirement imposed by the relevant order.
(6)
This section does not apply if the relevant order includes a residence
requirement imposed under section 206.
(7)
For cases in which a relevant order has to be amended because of
permission given under this section, see paragraph 16 of Schedule 8
15and paragraph 14 of Schedule 12 (amendment to reflect change in local
justice area).
(8)
In this section “the appropriate court” has the same meaning as in
paragraph 16 of Schedule 8 or paragraph 14 of Schedule 12.”
(3)
In section 220(1), omit paragraph (b) and the “and” before it (duty to notify
20responsible officer of change of address).
(4)
In Schedule 8 (breach, revocation or amendment of community order), in
paragraph 9, omit sub-paragraph (5A).
(5) For paragraph 16 of Schedule 8 substitute—
“16
(1)
This paragraph applies where at any time while a community order
25is in force in respect of an offender—
(a)
the offender is given permission under section 220A to
change residence, and
(b)
the local justice area in which the new residence is situated
(“the new local justice area”) is different from the local justice
30area specified in the order.
(2)
If the permission is given by a court, the court must amend the order
to specify the new local justice area.
(3) If the permission is given by the responsible officer—
(a)
the officer must apply to the appropriate court to amend the
35order to specify the new local justice area, and
(b) the court must make that amendment.
(4) In this paragraph “the appropriate court” means—
(a)
in relation to a community order imposing a drug
rehabilitation requirement which is subject to review, the
40court responsible for the order,
(b)
in relation to a community order which was made by the
Crown Court and does not include a direction that any failure
to comply with the requirements of the order is to be dealt
with by a magistrates’ court, the Crown Court, and
(c)
45in relation to any other community order, a magistrates’
court acting in the local justice area specified in the order.
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16A
(1)
This paragraph applies where at any time while a community order
is in force in respect of an offender—
(a) a court amends the order,
(b)
the order as amended includes a residence requirement
5requiring the offender to reside at a specified place, and
(c)
the local justice area in which that place is situated (“the new
local justice area”) is different from the local justice area
specified in the order.
(2)
The court must amend the order to specify the new local justice
10area.”
(6)
In Schedule 8, in paragraph 24, omit “No order may be made under paragraph
16, and”.
(7)
In Schedule 12 (breach, revocation or amendment of suspended sentence
order, and effect of further conviction), in paragraph 8, omit sub-
15paragraph (4A).
(8) For paragraph 14 of Schedule 12 substitute—
“14
(1)
This paragraph applies where at any time while a suspended
sentence order is in force in respect of an offender—
(a)
the offender is given permission under section 220A to
20change residence, and
(b)
the local justice area in which the new residence is situated
(“the new local justice area”) is different from the local justice
area specified in the order.
(2)
If the permission is given by a court, the court must amend the order
25to specify the new local justice area.
(3) If the permission is given by the responsible officer—
(a)
the officer must apply to the appropriate court to amend the
order to specify the new local justice area, and
(b) the court must make that amendment.
(4)
30In this paragraph “the appropriate court” has the same meaning as in
paragraph 13.
14A
(1)
This paragraph applies where at any time while a suspended
sentence order is in force in respect of an offender—
(a) a court amends the order,
(b)
35the order as amended includes a residence requirement
requiring the offender to reside at a specified place, and
(c)
the local justice area in which that place is situated (“the new
local justice area”) is different from the local justice area
specified in the order.
(2)
40The court must amend the order to specify the new local justice
area.”
(9)
In Schedule 12, in paragraph 19(1), omit “, and no order may be made under
paragraph 14,”.
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(10) In Schedule 31 (fine default orders), after paragraph 3A insert—
3B
(3)
In its application to a default order, section 220(1) (duty of offender
to keep in touch with responsible officer) is modified as follows.
(4) 5At the end of paragraph (a) there is inserted “and
“(b) must notify the responsible officer of any change of address.”
3C
Section 220A (duty to obtain permission before changing residence)
does not apply in relation to a default order.”
(11) In Schedule 31, in paragraph 4, after sub-paragraph (4) insert—
“(4A) 10For paragraphs 16 and 16A there is substituted—
“16
(1)
This paragraph applies where, at any time while a default order is
in force in respect of a person, the appropriate court is satisfied
that the person proposes to change, or has changed, residence
from the local justice area concerned to another local justice area
15(“the new local justice area”).
(2)
The appropriate court may amend the default order to specify the
new local justice area.
(3)
In this paragraph “the appropriate court” means a magistrates’
court acting in the local justice area specified in the order.””
(12)
20In Schedule A1 to the Children Act 1989 (enforcement orders), in paragraph 3,
after sub-paragraph (7) insert—
“(7A)
In section 220(1) (duty of offender to keep in touch with responsible
officer), at the end of paragraph (a) insert “and
(b) must notify the responsible officer of any change of address.”
(7B)
25Section 220A (duty to obtain permission before changing residence)
is omitted.”
Schedule 6 contains amendments of the Armed Forces Act 2006 relating to the
30release and supervision of offenders, service community orders, overseas
community orders and suspended sentence orders.
(1)
The Secretary of State may by order make consequential, supplementary or
35incidental provision in relation to any provision of this Act.
(2) An order under this section may—
(a) make different provision for different purposes, and
(b) amend, repeal or revoke legislation.
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(3)
An order under this section making provision in relation to any of sections 2 to
8, Schedules 1, 2 and 3 and paragraph 2 of Schedule 6 may make different
provision for different areas.
(4) An order under this section is to be made by statutory instrument.
(5)
5A statutory instrument containing an order under this section is subject to
annulment in pursuance of a resolution of either House of Parliament, subject
to subsection (6).
(6)
A statutory instrument containing an order under this section that amends or
repeals an Act (whether alone or with other provision) may not be made unless
10a draft of the instrument has been laid before, and approved by a resolution of,
each House of Parliament.
(7) In this section—
“Act” includes an Act or Measure of the National Assembly for Wales;
“legislation”, in relation to an order made in relation to a provision of this
15Act, means—
an Act passed before or in the same Session as this Act, or
an instrument made under an Act before the provision comes
into force.
(1)
20Schedule 7 makes provision about the cases to which the amendments made
by this Act apply.
(2)
The Secretary of State may by order make other transitional, transitory or
saving provision in connection with the coming into force of any provision of
this Act.
(3) 25An order under this section—
(a) may make different provision for different purposes, and
(b)
in connection with sections 2 to 8, Schedules 1, 2 and 3 and paragraph
2 of Schedule 6 may make different provision for different areas.
(4) An order under this section is to be made by statutory instrument.
(1)
This Act comes into force on such day or days as the Secretary of State may
appoint by order, subject to subsection (2).
(2)
This section and sections 20, 21(2) to (4), 23 and 24 come into force on the day
on which this Act is passed.
(3) 35An order under this section—
(a) may appoint different days for different purposes, and
(b)
in relation to sections 2 to 8, Schedules 1, 2 and 3 and paragraph 2 of
Schedule 6, may appoint different days for different areas.
(4) An order under this section is to be made by statutory instrument.
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(1)
An amendment or repeal made by this Act, other than an armed forces
amendment or repeal, has the same extent as the provision amended or
repealed (ignoring extent by virtue of an Order in Council).
(2)
5Subject to subsection (1), this Act extends to England and Wales, Scotland and
Northern Ireland.
(3)
Section 385 of the Armed Forces Act 2006 (extent of enactments applied by that
Act) does not apply in relation to an armed forces amendment or repeal.
(4)
Her Majesty may by Order in Council provide for an armed forces amendment
10or repeal to extend, with or without modifications, to—
(a) any of the Channel Islands,
(b) the Isle of Man, or
(c) any of the British overseas territories.
(5)
The power conferred by section 338 of the Criminal Justice Act 2003 (power to
15extend to Channel Islands etc) is exercisable in relation to any amendment of
that Act that is made by this Act.
(6) “Armed forces amendment or repeal” means—
(a)
an amendment or repeal made by Schedule 6 (amendments of the
Armed Forces Act 2006), and
(b)
20where a provision amended or repealed by this Act is applied by or
under the Armed Forces Act 2006, the amendment or repeal of the
provision as so applied.
(1) This Act may be cited as the Offender Rehabilitation Act 2013.
(2)
25Nothing in this Act shall impose any charge on the people or on public
funds, or vary the amount or incidence of or otherwise alter any such charge
in any manner, or affect the assessment, levying, administration or
application of any money raised by any such charge.