Offender Rehabilitation Bill (HC Bill 138)

(11) The modifications mentioned in sub-paragraph (8)(b) are—

(a) 20section 256AA(2)(b) of the 2003 Act has effect as if it also
referred to a licence under the Prisons (Scotland) Act 1989
or the Prisoners and Criminal Proceedings (Scotland) Act
1993,

(b) section 256AC(7)(b) of the 2003 Act has effect as if for “the
25Secretary of State” there were substituted “the Scottish
Ministers”,

(c) paragraph 2 of Schedule 19A to the 2003 Act has effect as
if—

(i) sub-paragraph (d) referred only to section 215(1)
30and (2) of the 2003 Act, and

(ii) sub-paragraph (e) were omitted,

(d) paragraph 3 of Schedule 19A to the 2003 Act has effect as
if, after sub-paragraph (7), there were inserted—

“(7A) Section 218(4)(a) applies as if for the words “has been
35notified by the Secretary of State” there were substituted
“is satisfied”,

(e) paragraph 7 of Schedule 19A to the 2003 Act has effect as
if—

(i) in sub-paragraph (1), for “the supervisor must refer
40the matter to the enforcement officer” there were
substituted “the supervisor may cause an
information to be laid before a sheriff court in

respect of the person’s failure to comply with the
requirement”, and

(ii) sub-paragraphs (2) to (5) were omitted, and

(f) paragraph 12(3) of Schedule 19A to the 2003 Act has effect
5as if for “makes a community order or suspended sentence
order” there were substituted “imposes any other
sentence”.

(12) The further modifications mentioned in sub-paragraph (8)(c) are
that section 106B of the Powers of Criminal Courts (Sentencing)
10Act 2000 has effect as if—

(a) in subsection (4), for paragraph (b) there were substituted
a reference to an officer of a local authority constituted
under the Local Government etc (Scotland) Act 1994 for
the local government area in which the offender resides for
15the time being, and

(b) after subsection (3) there were inserted—

“(3A) Sections 256AA(3) and (6), 256AB(1) and 256E(2) have
effect as if the references to the Secretary of State were
references to the Scottish Ministers.””

4 20After paragraph 8 insert—

“Restricted transfers between England and Wales and Scotland: further provision
about supervision default orders

8A (1) This paragraph applies if—

(a) a person’s supervision is transferred to Scotland under
25paragraph 4 of this Schedule by means of a restricted
transfer or transferred back to England and Wales under
paragraph 7 of this Schedule, and

(b) at the time of the transfer, or transfer back, a supervision
default order is in force in respect of the person.

(2) 30The supervision default order has effect as if, at the time of the
transfer or transfer back, it specified the relevant area in which the
person resides or proposes to reside in the new jurisdiction (rather
than a relevant area in the jurisdiction from which the person is
transferring).

(3) 35The court acting for that relevant area in the new jurisdiction may
amend the supervision default order to specify that area.

(4) In this paragraph—

• “relevant area” means—

  (a)

  in England and Wales, a local justice area, and

  (b)

  40in Scotland, a local government area within the
  meaning of the Local Government etc (Scotland) Act
  1994;

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

5 (1) 45Paragraph 9 (restricted transfers from England and Wales to Northern
Ireland) is amended as follows.

(2) In sub-paragraph (2)(a)—

(a) for “264A” substitute “264B”,

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

(c) after “104” insert “and 106B”.

(3) 5In sub-paragraph (4)(a)—

(a) for “264A” substitute “264B”,

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

(c) after “104” insert “and 106B”.

(4) Omit sub-paragraph (8).

(5) 10At the end insert—

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

(a) as if any reference to something listed in the first column of
the Table in sub-paragraph (11) were a reference to
15whatever is opposite it in the second column of that Table,
and

(b) with the other modifications in sub-paragraph (12).

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

(a) sections 256AA to 256AC, 256D and 256E of the 2003 Act,
20and

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

(11) The references mentioned in sub-paragraph (9)(a) are—

(12) 35The other modifications mentioned in sub-paragraph (9)(b) are—

(a) section 256AA(2)(b) of the 2003 Act has effect as if it also
referred to—

(i) a custody probation order or licence under Part 2 of
the Criminal Justice (Northern Ireland) Order 1996
(S.I. 1996/3160S.I. 1996/3160) (N.I. 24), and

(ii) a licence under the Northern Ireland (Sentences)
5Act 1998, Part 3 of the Life Sentences (Northern
Ireland) Order 2001 (S.I. 2001/2564 (N.I. 2)S.I. 2001/2564 (N.I. 2)) or
Chapter 4 of Part 2 of the Criminal Justice
(Northern Ireland) Order 2008 (S.I. 2008/1216S.I. 2008/1216
(N.I. 1)),

(b) 10section 256AC of the 2003 Act has effect as if subsections
(4)(c), (5) and (10) (provision for supervision default
orders) were omitted, and

(c) subsection (7)(b) of that section has effect as if for “the
Secretary of State” there were substituted “the Department
15of Justice in Northern Ireland”.”

6 (1) Paragraph 15 (unrestricted transfers: general) is amended as follows.

(2) In sub-paragraph (4A), for “This paragraph has” substitute “Sub-paragraphs
(3) and (4) have”.

(3) After sub-paragraph (4A) insert—

“(4B) 20A person who is subject to a period of supervision of a type or
length which could not have been imposed on an offender in the
place to which the person has been transferred is to be treated for
the relevant purposes as the receiving authority may direct.

(4C) In sub-paragraph (4B), “the receiving authority” means—

(a) 25in relation to a person transferred to Scotland, the Scottish
Ministers,

(b) in relation to a person transferred to Northern Ireland, the
Department of Justice in Northern Ireland, and

(c) in relation to any other person, the Secretary of State.”

7 30After paragraph 19 insert—

“Service of process issued in Scotland

19A (1) Section 4 of the Summary Jurisdiction (Process) Act 1881 (service
in England and Wales of Scottish process etc) applies to any
process issued by a court in Scotland under the supervision
35provisions.

(2) “The supervision provisions” means the provisions listed in
paragraph 8(9), as they are applied by paragraph 8(2) or (4).

Electronic monitoring in Scotland

19B (1) Section 245C of the Criminal Procedure (Scotland) Act 1995
40(remote monitoring), and regulations under that section, apply in
relation to the electronic monitoring of compliance with a curfew
requirement in a supervision default order imposed under the
supervision provisions as they apply in relation to the remote
monitoring of compliance with a restriction of liberty order.

(2) “The supervision provisions” means the provisions listed in
paragraph 8(9), as they are applied by paragraph 8(2) or (4).”

8 In paragraph 20(1) (interpretation), for the definition of “supervision”
substitute—

• 5““supervision” means—

  (a)

  supervision under an order made for the purpose,

  (b)

  supervision under a detention and training order,

  (c)

  in the case of a person released from prison on licence,
  supervision under a condition contained in the
  10licence,

  (d)

  supervision under section 256AA of the Criminal
  Justice Act 2003 (supervision after end of sentence),
  including supervision under that section as applied
  by section 106B of the Powers of Criminal Courts
  15(Sentencing) Act 2000, or

  (e)

  supervision under section 256B of the Criminal
  Justice Act 2003 (supervision after release of certain
  young offenders serving less than 12 months).”

Crime and Disorder Act 1998 (c. 37)Crime and Disorder Act 1998 (c. 37)

9 (1) 20Section 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
25section 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
30Justice Act 2003;”.

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

10 The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.

11 (1) Section 103 (period of supervision for detention and training order) is
amended as follows.

(2) 35In subsection (3), omit paragraph (b) (but not the “or” at the end).

(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”.

12 40In 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

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.”

Criminal Justice and Court Services Act 2000 (c. 43)Criminal Justice and Court Services Act 2000 (c. 43)

13 5In section 64(4) of the Criminal Justice and Court Services Act 2000 (release
on licence: regulation of provision of samples given pursuant to drug testing
condition), for “regulations” substitute “rules”.

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

14 The Criminal Justice Act 2003 is amended as follows.

15 10In the heading of Chapter 6 of Part 12, after “licences” insert “, supervision”.

16 In the heading of section 243A, after “release” insert “certain”.

17 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
15one sentence”.

18 In 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”.

19 Omit the italic heading before section 256B.

20 20For the heading of that section substitute “Supervision after release of
certain young offenders serving less than 12 months”.

21 In section 256C(4)(b) (breach of supervision requirements), for “impose on
the offender” substitute “order the offender to pay”.

22 In the heading of that section, at the end insert “imposed under section
25256B”.

23 (1) Section 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”
30have”.

(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;”;

• 35““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
  40section 256AA or 256B (as appropriate);”;

• ““the supervisor”—

  Offender Rehabilitation BillPage 36

  (a)

  in relation to an offender subject to supervision
  requirements under section 256AA, has the meaning
  given in that section, and

  (b)

  in relation to an offender subject to supervision
  5requirements 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
264B(1), where an offence is found to have been committed over a
10period 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.”

24 (1) Section 302 (execution of process between England and Wales and Scotland)
is amended as follows.

(2) 15After “under—” insert—

• “section 256AC(1) or (3),

• section 256C(1) or (3),”.

(3) Omit the “or” before “paragraph 6(2) or (4)”.

(4) After “Schedule 12” insert “or

• 20paragraph 8(1) or 10(5) of Schedule 19A,”.

25 In section 330(5)(a) (orders subject to affirmative procedure) at the
appropriate place insert—

• “section 256AB(4),”;

• “paragraph 6 of Schedule 19A,”.

Section 14

25SCHEDULE 4 Officers responsible for implementing orders

Part 1 Functions confined to the public sector

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

1 30The Criminal Justice Act 2003 is amended as follows.

2 In section 191 (power to provide for review of suspended sentence order), in
subsection (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
35follows.

(2) In subsection (1)—

(a) omit “responsible”, and

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

(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.