(5) Her Majesty may by Order in Council provide for an armed forces amendment
or repeal to extend, with or without modifications, to—

(a) any of the Channel Islands,

(b) the Isle of Man, or

(c) 5any of the British overseas territories

(6) The power conferred by paragraph 19 of Schedule 1 to the Crime (Sentences)
Act 1997 (power to extend to Isle of Man) is exercisable in relation to any
amendment of that Act that is made by this Act.

(7) The power conferred by section 338 of the Criminal Justice Act 2003 (power to
10extend to Channel Islands etc) is exercisable in relation to any amendment of
that Act that is made by this Act.

(8) “Armed forces amendment or repeal” means—

(a) an amendment or repeal made by Schedule 6 (amendments of the
Armed Forces Act 2006), and

(b) 15where a provision amended or repealed by this Act is applied by or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.

24 Short title

This Act may be cited as the Offender Rehabilitation Act 2013.

SCHEDULES

Section 2

SCHEDULE 1 Supervision requirements

Part 1 5General

1 In Chapter 6 of Part 12 of the Criminal Justice Act 2003 (sentencing: release,
licences and recall), after section 256AA insert—

“256AB Supervision requirements under section 256AA

(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).

(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.”

Part 2 Drugs

2 15In Chapter 6 of Part 12 of the Criminal Justice Act 2003 (sentencing: release,
licences and recall), after section 256C insert—

“256D Drug testing requirements

(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 Secretary of State is satisfied of the matters in subsection
(3), and

(b) the requirement is being imposed for the purpose of
determining whether the offender is complying with any
30other supervision requirement.

(3) Those matters are—

(a) that the misuse by the offender of a specified class A drug or
a specified class B drug caused or contributed to an offence of
which the offender has been convicted or is likely to cause or
35contribute to the commission of further offences by the
offender, and

(b) that the offender is dependent on, or has a propensity to
misuse, a specified class A drug or a specified class B drug.

(4) An instruction given for the purpose of a drug testing requirement
40must be given in accordance with guidance given from time to time
by the Secretary of State.

(5) The Secretary of State may make rules regulating the provision of
samples in accordance with such an instruction.

(6) In this section—

Offender Rehabilitation BillPage 23

• “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;

• “trigger offence” means—

  (a)

  5a trigger offence within the meaning of that Part, or

  (b)

  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
  Wales is a trigger offence within the meaning of that
  10Part.

256E Drug appointment requirements

(1) “Drug appointment requirement”, in relation to an offender subject
to supervision under this Chapter, means a requirement that the
offender, in accordance with instructions given by the supervisor,
15attend 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
subject to supervision under this Chapter only if—

(a) the supervisor has recommended to the Secretary of State
20that such a requirement be imposed on the offender, and

(b) the Secretary of State is satisfied of the matters in subsection
(3).

(3) Those matters are—

(a) that the misuse by the offender of a controlled drug caused or
25contributed 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, a controlled drug,

(c) 30that 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.

(4) The requirement must specify—

(a) 35the 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 the necessary qualifications or experience.

(6) 40The 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) when each appointment is to take place.

(7) For the purposes of this section, references to a requirement to attend
45an 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 3

SCHEDULE 2 Supervision default orders: new Schedule 19A to Criminal Justice Act 2003

In Chapter 6 of Part 12 of the Criminal Justice Act 2003, after Schedule 19
insert the following Schedule.

“Schedule 19A 5Supervision default orders

Part 1 Requirements etc

Application of provisions of Chapter 4 of Part 12

1 The provisions of Chapter 4 of Part 12 listed in paragraph 2 apply
10in relation to a supervision default order as they apply in relation
to a community order but with the modifications listed in
paragraph 3.

2 Those provisions are—

(a) section 199(1) to (3) (unpaid work requirement);

(b) 15section 200(1) and (3) (obligations of person subject to
unpaid work requirement);

(c) section 204(1), (2) and (6) (curfew requirement);

(d) section 215(1) to (3) and (4A) (electronic monitoring
requirement);

(e) 20section 215A (data from electronic monitoring: code of
practice);

(f) section 216(1) (local justice area to be specified in order);

(g) section 217(1) and (2) (requirement to avoid conflict with
religious beliefs);

(h) 25section 218(1), (4) and (5) (availability of arrangements in
local area);

(i) section 219(1)(a) and (b) and (2) and Schedule 14 (provision
of copies).

3 (1) The modifications mentioned in paragraph 1 are as follows.

(2) 30Section 199 applies as if for paragraphs (a) and (b) of subsection (2)
(limit on number of hours of unpaid work) there were
substituted—

“(a) not less than 20 hours, and

(b) not more than 60 hours.”

(3) 35Section 200(1) applies—

(a) as if the reference to the responsible officer were to the
supervisor, and

(b) as if at the end there were inserted “and the work must be
performed before the end of the supervision period.”

(4) 40Section 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
more than 16 hours in any day,

(b) may not specify periods which fall outside the supervision
5period, and

(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
10omitted.

(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) 15Section 219(1)(b) applies as if the reference to the responsible
officer were to the supervisor.

Powers of Secretary of State in relation to provisions of Chapter 4 of Part 12

4 The Secretary of State’s power to make orders under section 217(3)
(requirement to avoid conflict with religious beliefs etc) includes
20power 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
25orders 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)
30by changing the number of hours or days for the time being
specified there.

Part 2 Breach, revocation or amendment

Proceedings for breach

7 (1) 35If 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) 40considers 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) where 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.

(3) 5In 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) An enforcement officer must be an officer of a provider of
10probation 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.

Issue of summons or warrant by justice of the peace

8 (1) 15If 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) issue a summons requiring the person to appear at the
20place 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
the person to appear or be brought before—

(a) 25a 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
in the supervision default order.

30Powers of magistrates’ court to deal with breach

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
excuse to comply with a requirement imposed by the supervision
35default 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) In dealing with a person under this paragraph, a magistrates’
40court 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.

Amendment or revocation of order by magistrates’ 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) 5revoke the order,

(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) 10A 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
15section 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
20(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) 25must 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
30to 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
35been 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
40magistrates’ court acting in the local justice area specified in the
supervision default order.

Amendment of local justice area specified in 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
45magistrates’ 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) 5In this paragraph “the appropriate magistrates’ court” has the
same meaning as in paragraph 10.

Revocation of order on imposition of further sentence

12 (1) This paragraph applies where—

(a) the Crown Court or a magistrates’ court is sentencing a
10person for an offence, and

(b) a 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
15default order.

(3) If 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
20default order had never been made.

13 Where—

(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) 25a supervision default order is in force in respect of the
person,

the court must revoke the supervision default order.”

Section 7

SCHEDULE 3 Release and supervision: minor and consequential provision

30Crime (Sentences) Act 1997 (c. 43)Crime (Sentences) Act 1997 (c. 43)

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

2 (1) Paragraph 6 (effect of transfers: preliminary) is amended as follows.

(2) In sub-paragraph (2)(b), for “and possible recall following his release”
35substitute “, possible recall following release and any supervision default
order”.

(3) In sub-paragraph (2)(c), for “and possible recall” substitute “, possible recall
and any supervision default order”.

(4) In sub-paragraph (3), at the end insert—

“(c) in relation to a person who is supervised under section
256AA of the 2003 Act, being ordered to be committed to
prison or detention for failure to comply with a
5requirement imposed under that section or by a
supervision default order;

(d) in relation to a person who is supervised under section
256B of the 2003 Act, being ordered to be detained for
failure to comply with a supervision requirement imposed
10under that section.”

(5) In sub-paragraph (4), at the appropriate place insert—

• ““supervision default order” has the meaning given in section
  268(1) of the 2003 Act;”.

3 (1) Paragraph 8 (restricted transfers from England and Wales to Scotland) is
15amended as follows.

(2) In sub-paragraph (2)(a)—

(a) for “264A” substitute “264B”,

(b) after “267B of” insert “, and Schedules 19A, 20A and 20B to,” and

(c) after “104” insert “and 106B”.

(3) 20In sub-paragraph (4)(a)—

(a) for “264A” substitute “264B”,

(b) after “267B of” insert “, and Schedules 19A, 20A and 20B to,” and

(c) after “104” insert “and 106B”.

(4) In sub-paragraph (6)(f), for “paragraphs (b) and (c)” substitute “paragraph
25(c)”.

(5) At the end (after the sub-paragraph (7) inserted by section 13 of this Act)
insert—

“(8) The supervision provisions, as applied by sub-paragraph (2) or
(4), have effect—

(a) 30as if any reference to something listed in the first column of
the Table in sub-paragraph (10) were a reference to
whatever is opposite it in the second column of that Table,

(b) with the modifications in sub-paragraph (11), and

(c) in a case falling within section 106B of the Powers of
35Criminal Courts (Sentencing) Act 2000, with the further
modifications in sub-paragraph (12),

(and see also paragraphs 8A, 19A and 19B).

(9) In this paragraph “the supervision provisions” means—

(a) sections 256AA to 256E of, and Schedule 19A to, the 2003
40Act,

(b) the provisions of the 2003 Act mentioned in section 256AC
of, and Schedule 19A to, that Act, as applied by that section
and that Schedule, and

(c) section 106B of the Powers of Criminal Courts (Sentencing)
45Act 2000.

(10) The references mentioned in sub-paragraph (8)(a) are—