Offender Rehabilitation Bill (HC Bill 88)

(3) In each of subsections (4) and (5), for “responsible” substitute “review”.

4 In section 210 (drug rehabilitation requirement: provision for review by
court), in subsection (1)(d), for “the responsible officer” substitute “an officer
of a provider of probation services”.

5 (1) 5Section 211 (periodic review of drug rehabilitation requirement) is amended
as follows.

(2) In subsection (1)—

(a) omit “responsible”, and

(b) after “subsection” insert “(“the review officer’s report”)”.

(3) 10In each of subsections (6) and (7), for “responsible” substitute “review”.

6 (1) Schedule 8 (breach, revocation or amendment of community order) is
amended as follows.

(2) After paragraph 1 insert—

“1A (1) In this Schedule “enforcement officer” means a person who is for
15the 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.

(2) An enforcement officer must be an officer of a provider of
probation services that is a public sector provider.

(3) 20In sub-paragraph (2) “public sector provider” means—

(a) a probation trust or other public body, or

(b) the Secretary of State.”

(3) In paragraph 5(1), for paragraph (b) substitute—

“(b) the officer refers the matter to an enforcement officer (see
25paragraph 6A).”

(4) In paragraph 6(1), for the words from “must cause an information” to the
end substitute “must refer the matter to an enforcement officer (see
paragraph 6A).”

(5) After paragraph 6 insert—

30“Role of enforcement officer

6A (1) Where a matter is referred to an enforcement officer under
paragraph 5(1)(b) or 6(1), it is the duty of the enforcement officer
to consider the case and, where appropriate, to cause an
information to be laid before a justice of the peace in respect of the
35offender’s failure to comply with the requirement.

(2) In relation to any 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 reference in sub-paragraph (1) to a justice
40of the peace is to be read as a reference to the Crown Court.”

(6) In each of paragraphs 13(1), 14(1)(b), 17(1), 19, 19A(1), 20(1)(b) and 24(2)(b)
for “the responsible officer” substitute “an officer of a provider of probation
services”.

(7) In paragraph 18(1) for “apply” substitute “cause an application to be made”.

7 (1) Schedule 12 (breach or amendment of suspended sentence order, and effect
of further conviction) is amended as follows.

(2) After paragraph 1 insert—

“1A (1) 5In this Schedule “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.

(2) An enforcement officer must be an officer of a provider of
10probation services that is a public sector provider.

(3) In sub-paragraph (2) “public sector provider” means—

(a) a probation trust or other public body, or

(b) the Secretary of State.”

(3) In paragraph 4(1), for paragraph (b) substitute—

“(b) 15the officer refers the matter to an enforcement officer (see
paragraph 5A).”

(4) In paragraph 5(1), for the words from “must cause an information” to the
end substitute “must refer the matter to an enforcement officer (see
paragraph 5A).”

(5) 20After paragraph 5 insert—

“Role of enforcement officer

5A (1) Where a matter is referred to an enforcement officer under
paragraph 4(1)(b) or 5(1), it is the duty of the enforcement officer
to consider the case and, where appropriate, to cause an
25information to be laid before a justice of the peace in respect of the
offender’s failure to comply with the requirement.

(2) In relation to any suspended sentence 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
30a magistrates’ court, the reference in sub-paragraph (1) to a justice
of the peace is to be read as a reference to the Crown Court.”

(6) In each of paragraphs 13(1), 15(1), 17, 18(1)(b) and 19(2)(b) for “the
responsible officer” substitute “an officer of a provider of probation
services”.

(7) 35In paragraph 16(1) for “apply” substitute “cause an application to be made”.

Offender Management Act 2007 (c. 21)Offender Management Act 2007 (c. 21)

8 In section 4 of the Offender Management Act 2007 (probation provision that
may only be made with a probation trust or other public body), after
subsection (2) insert—

“(3) 40The provision described in subsection (2)(b) includes provision
which relates to the making of an application by an officer to a court
under—

(a) paragraph 13, 14, 17, 19A or 20 of Schedule 8 to the Criminal
Justice Act 2003 (revocation or amendment of community
orders),

(b) paragraph 13, 15, 17 or 18 of Schedule 12 to that Act
5(amendment of suspended sentence orders), or

(c) paragraph 10 of Schedule 19A to that Act (revocation or
amendment of supervision default orders).”

Part 2 Consequential provision

10Children Act 1989 (c. 41)Children Act 1989 (c. 41)

9 In Schedule A1 to the Children Act 1989 (enforcement orders), in paragraph
3, omit sub-paragraphs (1) and (2)(a).

Criminal Justice Act 2003 (c. 44)Criminal Justice Act 2003 (c. 44)

10 The Criminal Justice Act 2003 is amended as follows.

11 (1) 15Section 198 (duties of responsible officer) is amended as follows.

(2) In subsection (1)—

(a) at the end of paragraph (a) insert “and”;

(b) omit paragraph (c) and the “and” before it.

(3) Omit subsection (2).

12 (1) 20Section 219 (provision of copies of relevant orders) is amended as follows.

(2) For subsection (1) substitute—

“(1) The court by which any relevant order is made must forthwith
provide copies of the order—

(a) to the offender,

(b) 25to the responsible officer,

(c) to an officer who is acting at the court and is an officer of a
provider of probation services that is a public sector
provider, and

(d) where the court specifies a local justice area in which the
30court making the order does not act, to a provider of
probation services that is a public sector provider and is
acting in that area.”

(3) After subsection (3) insert—

“(4) In subsection (1)(c) and (d), “public sector provider” means—

(a) 35a probation trust or other public body, or

(b) the Secretary of State;”.

13 In section 330(5)(a) (orders), omit “section 197(3),”.

14 (1) Schedule 8 (breach, revocation or amendment of community order) is
amended as follows.

(2) In paragraph 25A(4)(b), for “the responsible officer” substitute “any officer
of a provider of probation services who the court thinks has an interest in the
proceedings”.

(3) In paragraph 27(1)(b), for sub-paragraph (i) substitute—

“(i) 5a provider of probation services that is a public
sector provider operating in that area, and”.

(4) In paragraph 27, after sub-paragraph (3) insert—

“(4) In this paragraph “public sector provider” means—

(a) a probation trust or other public body, or

(b) 10the Secretary of State.”

15 (1) In Schedule 12 (breach or amendment of suspended sentence order, and
effect of further conviction), paragraph 22 is amended as follows.

(2) In sub-paragraph (1), for paragraph (b) substitute—

“(b) in the case of an amending order which substitutes a new
15local justice area, provide a copy of the amending order
to—

(i) a provider of probation services that is a public
sector provider operating in that area, and

(ii) the magistrates’ court acting in that area, and”.

(3) 20After sub-paragraph (3) insert—

“(4) In this paragraph “public sector provider” means—

(a) a probation trust or other public body, or

(b) the Secretary of State.”

Section 15

SCHEDULE 5 25Rehabilitation activity requirement: consequential provision

1 The Criminal Justice Act 2003 is amended as follows.

2 (1) Section 177 (community orders) is amended as follows.

(2) In subsection (1), omit paragraphs (b) and (k).

(3) In subsection (2), omit paragraph (b).

(4) 30In subsection (4)—

(a) after “unpaid work requirement,” insert “a rehabilitation activity
requirement,”;

(b) omit “an activity requirement,” and “, a supervision requirement”.

3 (1) Section 190 (imposition of requirements by suspended sentence order) is
35amended as follows.

(2) In subsection (1), omit paragraphs (b) and (k).

(3) In subsection (2), omit paragraph (b).

(4) In subsection (4)—

(a) after “unpaid work requirement,” insert “a rehabilitation activity
requirement,”;

(b) omit “an activity requirement,” and “, a supervision requirement”.

4 In section 218 (availability of arrangements in local area), omit
5subsection (2).

5 In section 222(1) (rules)—

(a) in paragraph (d), omit “and community rehabilitation centres”.

(b) in paragraph (e), for “activity requirements” substitute
“rehabilitation activity requirements”.

6 (1) 10Section 305(1) (interpretation of Part 12) is amended as follows.

(2) At the appropriate place insert—

• ““rehabilitation activity requirement”, in relation to a
  community order or suspended sentence order, has the
  meaning given by section 200A;”.

(3) 15Omit the definitions of—

• “activity requirement”;

• “supervision requirement”.

7 (1) Schedule 9 (transfer of community orders to Scotland or Northern Ireland)
is amended as follows.

(2) 20In paragraph 1(2), for paragraph (b) substitute—

“(b) a rehabilitation activity requirement,”.

(3) In paragraph 2(3), omit paragraph (a).

(4) In paragraph 3(2), for paragraph (b) substitute—

“(b) a rehabilitation activity requirement,”.

(5) 25In paragraph 4(3), omit paragraph (a).

8 (1) Schedule 13 (transfer of suspended sentence orders to Scotland or Northern
Ireland) is amended as follows.

(2) In paragraph 1(2), for paragraph (b) substitute—

“(b) a rehabilitation activity requirement,”.

(3) 30In paragraph 4(3), omit paragraph (a).

(4) In paragraph 6(2), for paragraph (b) substitute—

“(b) a rehabilitation activity requirement,”.

(5) In paragraph 9(3), omit paragraph (a).

9 In Schedule 14 (persons to whom copies of requirements to be provided in
35particular cases), in the table, omit the entry relating to activity
requirements.

Section 19

SCHEDULE 6 Offenders sentenced by service courts

1 The Armed Forces Act 2006 is amended as follows.

Supervision and release of offenders sentenced to less than 2 years

2 5In section 213(1) (application of provisions relating to civilian detention and
training orders to service detention and training orders), for “106A and 107”
substitute “106A to 107”.

Recall and further release of offenders

3 In section 246(2C) (time in service custody not to count as time served for
10purposes of automatic release), for “period of 28 days served by the offender
before automatic release” substitute “automatic release period served by the
offender”.

Service community orders, overseas community orders and suspended sentence orders: officers
responsible for implementing

4 (1) 15Section 183 (overseas community orders: modifications of Criminal Justice
Act 2003) is amended as follows.

(2) In subsection (1), omit “section 197(1) and (2) (meaning of “the responsible
officer”);”.

(3) After subsection (1) insert—

“(1A) 20Section 198(1) (duties of responsible officer) has effect as if at the end
there were inserted—

“(c) where appropriate, to take steps to enforce those
requirements.””

(4) Omit subsections (2), (4) and (5).

5 (1) 25Part 1 of Schedule 5 (breach, revocation and amendment of service
community orders) is amended as follows.

(2) In paragraph 1(2) (provisions of Schedule 8 to Criminal Justice Act 2003
disapplied), after “6(2),” insert “6A(2),”.

(3) Omit paragraph 2.

(4) 30After that paragraph insert—

“2A Paragraph 6A(1) of that Schedule (role of enforcement officer) has
effect in relation to a service community order under this Act as if
the reference to a justice of the peace were to the Crown Court.”

6 (1) Part 2 of Schedule 5 (breach, revocation and amendment of overseas
35community orders) is amended as follows.

(2) In paragraph 10(2)(b) (provisions of Schedule 8 to Criminal Justice Act 2003
disapplied)—

(a) after “paragraphs” insert “1A,”, and

(b) after “6(2),” insert “6A,”.

(3) For paragraph 12 (breach of requirement of order: warning and laying of
information) substitute—

“12A Paragraph 5(1) of that Schedule (duty to give warning) has effect
as if for paragraph (b) there were substituted—

“(b) 5the officer applies to the court that made the order for the
exercise of its powers in relation to the failure.”

12B Paragraph 6(1) of that Schedule (breach of order after warning)
has effect as if for the words from “must refer” to the end there
were substituted “must apply to the court that made the order for
10the exercise of its powers in relation to the failure in question”.”

7 (1) Schedule 7 (suspended prison sentence: further conviction or breach of
requirement) is amended as follows.

(2) In paragraph 1(a) (provisions of Schedule 12 to Criminal Justice Act 2003
disapplied), after “5(2),” insert “5A(2),”.

(3) 15Omit paragraph 4.

(4) After that paragraph insert—

“4A Paragraph 5A(1) of Schedule 12 to the 2003 Act (role of
enforcement officer) has effect in relation to a suspended sentence
order with community requirements made by a relevant service
20court as if the reference to a justice of the peace were to the Crown
Court.”

Service community orders, overseas community orders and suspended sentence orders: duty to
obtain permission before changing residence

8 In section 183 (overseas community orders: modifications of Criminal
25Justice Act 2003)—

(a) in subsection (1), at the appropriate place insert—

• “section 220A(8) (duty to obtain permission before
  changing residence: definition of “the appropriate
  court”);”, and

(b) 30after subsection (3) insert—

“(3A) In section 220A of the 2003 Act (duty to obtain permission
before changing residence), as it applies to an overseas
community order, “the appropriate court” means the court
that made the order.”

9 35In section 205 (amendment of suspended sentence order with community
requirements), in subsection (1)(c), for “14(5)” substitute “14(4)”.

10 In Part 1 of Schedule 5 (breach, revocation and amendment of service
community orders), in paragraph 1(2), for “16(5)” substitute “16(4)”.

11 In Part 2 of Schedule 5 (breach, revocation and amendment of overseas
40community orders), in paragraph 10(2)(b), for the words from “10(6)” to
“18(4)” substitute “10(6), 13, 16, 16A, 17(6), 18(4)”.

Section 21

SCHEDULE 7 Cases to which this Act applies

Commencement day

1 In this Schedule, “the commencement day”, in relation to an amendment
5made by a provision of this Act, means the day on which that provision
comes into force.

Release and supervision of offenders sentenced to less than 2 years

2 The amendments made by sections 2 to 4, 5(2), 6 and 7, Part 1 of Schedule 1,
Schedules 2 and 3 and paragraph 2 of Schedule 6 apply in relation to—

(a) 10any person who falls to be released under Chapter 6 of Part 12 of the
Criminal Justice Act 2003 on or after the commencement day, and

(b) any person who falls to be released under a detention and training
order (including an order under section 211 of the Armed Forces Act
2006) on or after the commencement day.

3 15The amendments made by section 5(3) to (7) and Part 2 of Schedule 1 apply
where a person was released before the commencement day (as well as
where a person is released on or after that day).

Extended sentences

4 The amendments made by section 9 do not apply in relation to an offence
20committed before the commencement day.

Recall and further release of prisoners

5 The amendments made by section 10 and paragraph 3 of Schedule 6 apply
only where an offender is recalled on or after the commencement day.

Drugs and offenders released during custodial sentence

6 25The amendments made by sections 12 and 13 apply where a person was
released before the commencement day (as well as where a person is
released on or after that day).

Community orders and suspended sentences

7 The amendments made by sections 15, 17 and 18, Schedule 5 and paragraphs
308 to 11 of Schedule 6 do not apply in relation to an order made in respect of
an offence committed before the commencement day.

Interpretation: offences committed over a period

8 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
35taken for the purposes of this Schedule to have been committed on the last
of those days.