Offender Rehabilitation Bill (HC Bill 138)

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.”

Drugs and offenders released during custodial sentence

11 Drug testing

(1) The Criminal Justice and Court Services Act 2000 is amended as follows.

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

(a) 15in 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) 20Those 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
25offences 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
30(1)(b)”, and

(e) in subsection (3), after “specified Class 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”
35have”, and

(b) in the definition of ““specified””, after “Class A drug” insert “or Class B
drug”.

12 Drug appointments

(1) In Chapter 2 of Part 3 of the Criminal Justice and Court Services Act 2000
40(dealing with offenders), after section 64 insert—

“64A Release on licence etc: drug appointments

(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) the release is subject to conditions (whether conditions of a
licence or any other conditions, however expressed),

(c) 5an 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) Those matters are—

(a) 10that 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) that the offender is dependent on, or has a propensity to misuse,
15a 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
offender to have treatment.

(3) 20The conditions mentioned in subsection (1)(b) 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, or propensity
to misuse, a controlled drug.

(4) 25The 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) The person specified under subsection (4)(a) must be a person who has
30the 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) when each appointment is to take place.

(7) 35For 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;

• 40“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)

  a sentence of detention in a young offender institution,

  (b)

  a sentence of detention under section 90 of the Powers of
  45Criminal Courts (Sentencing) Act 2000 (detention at Her
  Majesty’s pleasure),

  Offender Rehabilitation BillPage 12

  (c)

  a sentence of detention under section 91 of that Act
  (detention of offenders under 18 convicted of certain
  serious offences),

  (d)

  a sentence of custody for life under section 93 or 94 of
  5that Act,

  (e)

  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),

  (f)

  10a sentence of detention under section 209 of the Armed
  Forces Act 2006 (detention of offenders under 18
  convicted of certain serious offences), and

  (g)

  a sentence of detention under section 218 of that Act
  (detention at Her Majesty’s pleasure).”

(2) 15In section 250 of the Criminal Justice Act 2003 (licence conditions), in
subsection (4)(b)(i), for “or 64” substitute “, 64 or 64A”.

13 Drug testing and appointments: transfer within the British Islands

(1) Schedule 1 to the Crime (Sentences) Act 1997 (transfer of prisoners within the
British Islands) is amended as follows.

(2) 20In paragraph 8 (restricted transfers from England and Wales to Scotland)—

(a) in sub-paragraphs (2)(aa) and (4)(aa), for “and 64” substitute “, 64 and
64A”, and

(b) at the end insert—

“(7) Sections 64 and 64A of the Criminal Justice and Court
25Services Act 2000 (release on licence etc: drug appointments),
as applied by sub-paragraph (2) or (4) above, have effect as if
any reference to an officer of a provider of probation services
were a reference to a relevant officer as defined by section
27(1) of the Prisoners and Criminal Proceedings (Scotland)
30Act 1993.”

(3) In paragraph 9 (restricted transfers from England and Wales to Northern
Ireland)—

(a) in sub-paragraphs (2)(aa) and (4)(aa), for “and 64” substitute “, 64 and
64A”, and

(b) 35after sub-paragraph (5) insert—

“(5A) Sections 64 and 64A of the Criminal Justice and Court
Services Act 2000 (release on licence etc: drug appointments),
as applied by sub-paragraph (2) or (4) above, have effect as if
any reference to an officer of a provider of probation services
40were a reference to a probation officer.”

Community orders and suspended sentence orders

14 Officers responsible for implementing orders

(1) For section 197 of the Criminal Justice Act 2003 substitute—

“197 Meaning of “the responsible officer”

(1) 5For 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
made by the Secretary of State.

(2) 10The 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
relevant order.”

(2) 15In 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.

15 Rehabilitation activity requirement

(1) 20The 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
200A),”.

(3) 25After section 200 insert—

“200A Rehabilitation activity requirement

(1) In this Part “rehabilitation activity requirement”, in relation to a
relevant order, means a requirement that, during the relevant period,
the offender must comply with any instructions given by the
30responsible officer to attend appointments or participate in activities or
both.

(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) 35Any instructions given by the responsible officer must be given with a
view 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
40appointments with the responsible officer or with someone else.

(5) The 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) go to a specified place and, while there, comply with any
5instructions 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) The activities that responsible officers may instruct offenders to
10participate 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
of a person other than the offender, the responsible officer may give the
15instruction 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) in relation to a suspended sentence order, the supervision
20period 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.

16 Programme requirement

(1) 25 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
Ireland)—

(a) 30in 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)—

(a) in paragraph 4(3), omit paragraph (b);

(b) 35in paragraph 9(3), omit paragraph (b).

17 Attendance centre requirement

(1) The Criminal Justice Act 2003 is amended as follows.

(2) Section 214 (attendance centre requirement) is amended as follows.

(3) In subsection (1)—

(a) 40omit “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
attendance 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
5be notified to the offender by the responsible officer from time to time.

(3B) When choosing an attendance centre, the responsible officer must
consider—

(a) the accessibility of the attendance centre to the offender, having
regard to the means of access available to the offender and any
10other circumstances, and

(b) the description of persons for whom it is available.”

(6) Section 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) 15In 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
attendance 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
20particular cases), in the table, omit the entry relating to an attendance centre
requirement.

18 Duty to obtain permission before changing residence

(1) The Criminal Justice Act 2003 is amended as follows.

(2) After section 220 insert—

“220A 25 Duty to obtain permission before changing residence

(1) An offender in respect of whom a relevant order is in force must not
change residence without permission given in accordance with this
section by—

(a) the responsible officer, or

(b) 30a court.

(2) The appropriate court may, on an application by the offender, give
permission in a case in which the responsible officer has refused.

(3) A court may also give permission in any proceedings before it under
Schedule 8 or 12 (breach or amendment of orders etc).

(4) 35The grounds on which the responsible officer or court may refuse an
application for permission are that, in the opinion of the officer or court,
the change in residence—

(a) is likely to prevent the offender complying with a requirement
imposed by the relevant order, or

(b) 40would hinder the offender’s rehabilitation.

(5) The obligation imposed by subsection (1) is enforceable as if it were a
requirement 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
5and 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
10responsible 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
15is 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
20area 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
25order 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
30court 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) 35in relation to any other community order, a magistrates’
court acting in the local justice area specified in the order.

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) 40the 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) 45The court must amend the order to specify the new local justice
area.”

(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-
5paragraph (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
10change 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
15to 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) 20In 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) 25the 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) 30The 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,”.

(10) In Schedule 31 (fine default orders), after paragraph 3A insert—

35“Change of residence

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) At the end of paragraph (a) there is inserted “and

“(b) must notify the responsible officer of any change of address.”

3C 40Section 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) For 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
5that the person proposes to change, or has changed, residence
from the local justice area concerned to another local justice area
(“the new local justice area”).

(2) The appropriate court may amend the default order to specify the
new local justice area.

(3) 10In this paragraph “the appropriate court” means a magistrates’
court acting in the local justice area specified in the order.””

(12) In 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
15officer), at the end of paragraph (a) insert “and

(b) must notify the responsible officer of any change of address.”

(7B) Section 220A (duty to obtain permission before changing residence)
is omitted.”

Offenders sentenced by service courts

19 20Amendments of Armed Forces Act 2006

Schedule 6 contains amendments of the Armed Forces Act 2006 relating to the
release and supervision of offenders, service community orders, overseas
community orders and suspended sentence orders.

General

20 25Consequential and supplementary provision etc

(1) The Secretary of State may by order make consequential, supplementary or
incidental 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) 30amend, repeal or revoke legislation.

(3) An order under this section making provision in relation to any of sections 1 to
7, 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) 35A 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

a 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;

• 5“legislation”, in relation to an order made in relation to a provision of this
  Act, means—

  (a)

  an Act passed before or in the same Session as this Act, or

  (b)

  an instrument made under an Act before the provision comes
  into force.

21 10Transitional provision etc

(1) Schedule 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
15this Act.

(3) An order under this section—

(a) may make different provision for different purposes, and

(b) in connection with sections 1 to 7, Schedules 1, 2 and 3 and paragraph
2 of Schedule 6 may make different provision for different areas.

(4) 20An order under this section is to be made by statutory instrument.

22 Commencement

(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
25on which this Act is passed.

(3) An order under this section—

(a) may appoint different days for different purposes, and

(b) in relation to sections 1 to 7, Schedules 1, 2 and 3 and paragraph 2 of
Schedule 6, may appoint different days for different areas.

(4) 30An order under this section is to be made by statutory instrument.

23 Extent

(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) 35Subject to subsection (1), this Act extends to England and Wales, Scotland and
Northern Ireland.

(3) So far as sections 20, 21 and 22 confer power to make provision amending or
otherwise relating to Schedule 1 to the Crime (Sentences) Act 1997, they also
extend to the Channel Islands.

(4) 40Section 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.