Offender Rehabilitation BillPage 20
Section 3
1
In Chapter 6 of Part 12 of the Criminal Justice Act 2003 (sentencing: release,
licences and recall), after section 256AA insert—
(1)
The only requirements that the Secretary of State may specify in a
10notice under section 256AA are—
(a)
a requirement to be of good behaviour and not to behave in a
way which undermines the purpose of the supervision
period;
(b) a requirement not to commit any offence;
(c)
15a requirement to keep in touch with the supervisor in
accordance with instructions given by the supervisor;
(d)
a requirement to receive visits from the supervisor in
accordance with instructions given by the supervisor;
(e)
a requirement to reside permanently at an address approved
20by the supervisor and to obtain the prior permission of the
supervisor for any stay of one or more nights at a different
address;
(f)
a requirement not to undertake work, or a particular type of
work, unless it is approved by the supervisor and to notify
25the supervisor in advance of any proposal to undertake work
or a particular type of work;
(g)
a requirement not to travel outside the British Islands, except
with the prior permission of the supervisor or in order to
comply with a legal obligation (whether or not arising under
30the law of any part of the British Islands);
(h)
a requirement to participate in activities in accordance with
any instructions given by the supervisor;
(i) a drug testing requirement (see section 256D);
(j) a drug appointment requirement (see section 256E).
(2)
35Where a requirement is imposed under subsection (1)(h), section
200A(5) to (8) apply in relation to the requirement (reading
references to the responsible officer as references to the supervisor).
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(3)
Paragraphs (i) and (j) of subsection (1) have effect subject to the
restrictions in sections 256D(2) and 256E(2).
(4) The Secretary of State may by order—
(a)
add requirements that may be specified in a notice under
5section 256AA,
(b) remove or amend such requirements,
(c)
make provision about such requirements, including about
the circumstances in which they may be imposed, and
(d)
make provision about instructions given for the purposes of
10such requirements.
(5) An order under subsection (4) may amend this Act.
(6) In this section “work” includes paid and unpaid work.”
2
15In Chapter 6 of Part 12 of the Criminal Justice Act 2003 (sentencing: release,
licences and recall), after section 256C insert—
(1)
“Drug testing requirement”, in relation to an offender subject to
supervision under this Chapter, means a requirement that, when
20instructed to do so by the supervisor, the offender provide a sample
mentioned in the instruction for the purpose of ascertaining whether
the offender has a specified Class A drug or a specified Class B drug
in his or her body.
(2)
A drug testing requirement may be imposed on an offender subject
25to supervision under this Chapter only if—
(a)
the offender’s sentence was imposed for a trigger offence,
and
(b)
the requirement is being imposed for the purpose of
determining whether the offender is complying with any
30other supervision requirement.
(3)
An instruction given for the purpose of a drug testing requirement
must be given in accordance with guidance given from time to time
by the Secretary of State.
(4)
The Secretary of State may make rules regulating the provision of
35samples in accordance with such an instruction.
(5) In this section—
“specified Class A drug” and “specified Class B drug” have the
same meaning as in Part 3 of the Criminal Justice and Court
Services Act 2000;
40“trigger offence” means—
a trigger offence within the meaning of that Part, or
an offence under section 42 of the Armed Forces Act
2006 (criminal conduct) as respects which the
corresponding offence under the law of England and
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Wales is a trigger offence within the meaning of that
Part.
(1)
“Drug appointment requirement”, in relation to an offender subject
5to supervision under this Chapter, means a requirement that the
offender, in accordance with instructions given by the supervisor,
attend appointments with a view to addressing the offender’s
dependency on, or propensity to misuse, a controlled drug.
(2)
A drug appointment requirement may be imposed on an offender
10subject to supervision under this Chapter only if—
(a)
the supervisor has recommended to the Secretary of State
that such a requirement be imposed on the offender, and
(b)
the Secretary of State is satisfied of the matters in subsection
(3).
(3) 15Those 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)
20that 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
25offender to have treatment.
(4) The requirement 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)
30The person specified under subsection (4)(a) must be a person who
has the necessary qualifications or experience.
(6)
The only instructions that the supervisor may give for the purposes
of the requirement are instructions as to—
(a) the duration of each appointment, and
(b) 35when 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 Act 1971.”
Section 4
In Chapter 6 of Part 12 of the Criminal Justice Act 2003, after Schedule 19
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insert the following Schedule.
1
The provisions of Chapter 4 of Part 12 listed in paragraph 2 apply
in relation to a supervision default order as they apply in relation
to a community order but with the modifications listed in
paragraph 3.
2 10Those provisions are—
(a) section 199(1) to (3) (unpaid work requirement);
(b)
section 200(1) and (3) (obligations of person subject to
unpaid work requirement);
(c) section 204(1), (2) and (6) (curfew requirement);
(d)
15section 215(1) to (3) and (4A) (electronic monitoring
requirement);
(e)
section 215A (data from electronic monitoring: code of
practice);
(f) section 216(1) (local justice area to be specified in order);
(g)
20section 217(1) and (2) (requirement to avoid conflict with
religious beliefs);
(h)
section 218(1), (4) and (5) (availability of arrangements in
local area);
(i)
section 219(1)(a) and (b) and (2) and Schedule 14 (provision
25of copies).
3 (1) The modifications mentioned in paragraph 1 are as follows.
(2)
Section 199 applies as if for paragraphs (a) and (b) of subsection (2)
(limit on number of hours of unpaid work) there were
substituted—
“(a) 30not less than 20 hours, and
(b) not more than 60 hours.”
(3) Section 200(1) applies—
(a)
as if the reference to the responsible officer were to the
supervisor, and
(b)
35as if at the end there were inserted “and the work must be
performed before the end of the supervision period.”
(4)
Section 204(2) applies as if for the words after “but” there were
substituted—
“(a)
may not specify periods which amount to less than 2 hours or
40more than 16 hours in any day,
(b)
may not specify periods which fall outside the supervision
period, and
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(c)
must require the person to remain at the specified place or
places on at least 20 days.”
(5)
Section 215(1)(a) applies as if the words “or determined by the
responsible officer in accordance with the relevant order” were
5omitted.
(6)
Section 215(4A) applies as if the references to the responsible
officer were to the supervisor.
(7)
Section 217(2) applies as if the reference to the responsible officer
were to the supervisor.
(8)
10Section 219(1)(b) applies as if the reference to the responsible
officer were to the supervisor.
4
The Secretary of State’s power to make orders under section 217(3)
(requirement to avoid conflict with religious beliefs etc) includes
15power to provide that section 217(1) and (2), as applied by this
Schedule, have effect with additional restrictions specified in the
order.
5
(1)
The Secretary of State’s power to make rules under section 222
(rules regulating the supervision of persons subject to community
20orders etc) may be exercised in relation to persons subject to
supervision default orders.
(2)
For the purpose of sub-paragraph (1), section 222(1)(b) has effect
as if the reference to the responsible officer were to the supervisor.
6
The Secretary of State may by order amend paragraph 3(2) or (4)
25by changing the number of hours or days for the time being
specified there.
7
(1)
30If the supervisor in relation to a person subject to supervision
requirements under section 256AA—
(a)
is satisfied that the person has failed without reasonable
excuse to comply with a requirement imposed by a
supervision default order, and
(b) 35considers that the failure should be dealt with by a court,
the supervisor must refer the matter to an enforcement officer.
(2)
Where a matter is referred to an enforcement officer under this
paragraph, it is the duty of the enforcement officer—
(a) to consider the case, and
(b)
40where appropriate, to cause an information to be laid
before a justice of the peace in respect of the person’s
failure to comply with the requirement.
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(3)
In this paragraph “enforcement officer” means a person who is for
the time being responsible for discharging the functions conferred
by this Schedule on an enforcement officer in accordance with
arrangements made by the Secretary of State.
(4)
5An enforcement officer must be an officer of a provider of
probation services that is a public sector provider.
(5) In sub-paragraph (4) “public sector provider” means—
(a) a probation trust or other public body, or
(b) the Secretary of State.
8
(1)
If at any time while a supervision default order is in force it
appears on information to a justice of the peace that the person
subject to the order has failed to comply with a requirement
imposed by the order, the justice may—
(a)
15issue a summons requiring the person to appear at the
place and time specified in it, or
(b)
if the information is in writing and on oath, issue a warrant
for the person’s arrest.
(2)
A summons or warrant issued under this paragraph must direct
20the person to appear or be brought before—
(a)
a magistrates’ court acting for the local justice area in
which the person resides, or
(b)
if it is not known where the person resides, before a
magistrates’ court acting for the local justice area specified
25in the supervision default order.
9
(1)
This paragraph applies if it is proved to the satisfaction of a
magistrates’ court before which a person appears or is brought
under paragraph 8 that the person has failed without reasonable
30excuse to comply with a requirement imposed by the supervision
default order.
(2)
The court may revoke the order and deal with the person for the
failure in any of the ways listed in section 256AC(4)(a) to (c) (and
section 256AC(5) and (7) to (9) apply accordingly).
(3)
35In dealing with a person under this paragraph, a magistrates’
court must take into account the extent to which the person has
complied with the supervision default order.
(4)
A person dealt with under this paragraph may appeal to the
Crown Court against the order made by the court.
10
(1)
Where a person is subject to a supervision default order, the
appropriate magistrates’ court may on the application of the
person or an officer of a provider of probation services—
(a) revoke the order,
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(b) amend the order, or
(c)
revoke the order and deal with the person under section
256AC(4) in any way in which it could deal with the person
if the order had never been made.
(2) 5A magistrates’ court acting under sub-paragraph (1)(b)—
(a)
may not increase the number of hours or days specified in
the order;
(b)
may reduce the number of hours or days so specified, but
not so as to reduce them below the minimum specified in
10section 199(2) or 204(2) (as modified by paragraph 3).
(3)
In exercising its powers under sub-paragraph (1), a magistrates’
court must take into account the extent to which the person has
complied with the supervision default order.
(4)
Where a court exercises its powers under sub-paragraph (1)(b) or
15(c), the person may appeal to the Crown Court against the order
made by the court.
(5)
Where a magistrates’ court proposes to exercise its powers under
this paragraph on an application of an officer of a provider of
probation services, the court—
(a)
20must summon the person subject to the supervision
default order to appear before the court, and
(b)
if the person does not appear in answer to the summons,
may issue a warrant for the person’s arrest.
(6)
Sub-paragraph (5) does not apply where the court proposes only
25to amend the order to reduce the number of hours or days
specified in it.
(7)
Where an application under this paragraph is made by a person
subject to a supervision default order, the magistrates’ court may
not hear the application unless satisfied that adequate notice has
30been given to any officer of a provider of probation services who
the court thinks has an interest in the application.
(8)
No application may be made under this paragraph while an
appeal against the supervision default order is pending.
(9)
In this paragraph “the appropriate magistrates’ court” means a
35magistrates’ court acting in the local justice area specified in the
supervision default order.
11
(1)
This paragraph applies where, at any time while a supervision
default order is in force in respect of a person, the appropriate
40magistrates’ court is satisfied that the person proposes to change,
or has changed, residence from the local justice area specified in
the order to another local justice area (“the new local justice area”).
(2)
The appropriate magistrates’ court may amend the order to
specify the new local justice area.
(3)
45In this paragraph “the appropriate magistrates’ court” has the
same meaning as in paragraph 10.
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12 (1) This paragraph applies where—
(a)
the Crown Court or a magistrates’ court is sentencing a
person for an offence, and
(b)
5a supervision default order is in force in respect of the
person.
(2)
If the court imposes a sentence of imprisonment or detention
(other than a suspended sentence) it must revoke the supervision
default order.
(3)
10If the court makes a community order or suspended sentence
order it may revoke the supervision default order and deal with
the person under section 256AC(4) in any way in which the person
could be dealt with under section 256AC(4) if the supervision
default order had never been made.
13 15Where—
(a)
the Crown Court or a magistrates’ court orders that a
suspended sentence or any part of it is to take effect in
relation to a person, and
(b)
a supervision default order is in force in respect of the
20person,
the court must revoke the supervision default order.”
Section 8
1
(1)
25Section 38(4) of the Crime and Disorder Act 1998 (meaning of “youth justice
services”) is amended as follows.
(2)
After paragraph (h) (supervision as part of detention and training order)
insert—
“(ha)
supervision after the end of the term of such an order under
30section 256AA of the Criminal Justice Act 2003 (as applied by
section 106B of the Powers of Criminal Courts (Sentencing)
Act 2000);”.
(3) After paragraph (i) insert—
“(ia)
post-release supervision under section 256B of the Criminal
35Justice Act 2003;”.
2 The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.
3
(1)
Section 103 (period of supervision for detention and training order) is
amended as follows.
(2) 40In subsection (3), omit paragraph (b) (but not the “or” at the end).
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(3) In subsection (5)—
(a) omit paragraph (a) (and the “or” at the end), and
(b)
in the words following paragraph (b), omit the words “social worker
or” and “a social worker of, or”.
4 5In section 107 (detention and training orders: interpretation)—
(a) in subsection (2), after “105” insert “and 106B”, and
(b) after that subsection insert—
“(3)
For the purposes of sections 103(2A) and 106B(1), where an
offence is found to have been committed over a period of 2 or
10more days, or at some time during a period of 2 or more days,
it must be taken to have been committed on the last of those
days.”
5
In section 64(4) of the Criminal Justice and Court Services Act 2000 (release
15on licence: regulation of provision of samples given pursuant to drug testing
condition), for “regulations” substitute “rules”.
6 The Criminal Justice Act 2003 is amended as follows.
7 In the heading of Chapter 6 of Part 12, after “licences” insert “, supervision”.
8 20In the heading of section 243A, after “release” insert “certain”.
9
In section 243A(3)(a) (duty to release prisoners serving less than 12 months
unconditionally: definition of requisite custodial period), for the words from
“in relation to” to “such a term” substitute “in relation to a person serving
one sentence”.
10
25In section 244(3)(a) (duty to release prisoners on licence: definition of
requisite custodial period), for the words from “in relation to” to “such a
term” substitute “in relation to a prisoner serving one sentence”.
11 Omit the italic heading before section 256B.
12
For the heading of that section substitute “Supervision after release of
30certain young offenders serving less than 12 months”.
13
In section 256C(4)(b) (breach of supervision requirements), for “impose on
the offender” substitute “order the offender to pay”.
14
In the heading of that section, at the end insert “imposed under section
256B”.
15 (1) 35Section 268 (interpretation of Chapter 6) is amended as follows.
(2) The existing text is re-numbered as subsection (1).
(3)
In subsection (1), in the definition of “fixed-term prisoner”, for ““fixed-term
prisoner” has” substitute ““fixed-term prisoner” and “fixed-term sentence”
have”.
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(4) In subsection (1), at the appropriate places insert—
““offender subject to supervision under this Chapter” means a
person who is subject to supervision requirements under
section 256AA or 256B;”;
5““supervision default order” means an order described in
section 256AC(4)(c), whether made under that provision or
under paragraph 9 of Schedule 19A;”;
““the supervision period”, in relation to an offender subject to
supervision under this Chapter, has the meaning given in
10section 256AA or 256B (as appropriate);”;
““the supervisor”—
in relation to an offender subject to supervision
requirements under section 256AA, has the meaning
given in that section, and
15in relation to an offender subject to supervision
requirements under section 256B, means the person
who provides supervision under that section;”.
(5) At the end insert—
“(2)
For the purposes of sections 243A(1A), 256AA(1), 256B(1A) and
20264A(1), where an offence is found to have been committed over a
period of 2 or more days, or at some time during a period of 2 or
more days, it must be taken to have been committed on the last of
those days.”
16
In section 330(5)(a) (orders subject to affirmative procedure) at the
25appropriate place insert—
“section 256AB(4),”;
“paragraph 6 of Schedule 19A,”.
Section 14
1 The Criminal Justice Act 2003 is amended as follows.
2
In section 191 (power to provide for review of suspended sentence order), in
35subsection (1)(d), for “the responsible officer” substitute “an officer of a
provider of probation services”.
3
(1)
Section 192 (periodic review of suspended sentence order) is amended as
follows.
(2) In subsection (1)—
(a) 40omit “responsible”, and
(b) after “subsection” insert “(“the review officer’s report”)”.