Offender Rehabilitation Bill [HL]

Insert the following new Clause—

“Presumption in favour of community sentence orders

(1)   Section 152 of the Criminal Justice Act 2003 (general restrictions on
imposing discretionary custodial sentences) is amended as follows.

(2)   After subsection (2) insert—

“(2A)    Where a court has discretion to pass a custodial sentence or impose
a fine or a community sentence, the court must not pass a custodial
sentence for a term of less than 12 months unless it is of the opinion
that—

(a)   the requirements of subsection (2) are satisfied, and

(b)   there are special reasons which justify a custodial sentence,

and has had regard to the provisions of section 256AA.

(2B)   A court passing a custodial sentence for a term of less than 12
months must state in open court the reasons for its opinion that
there are special reasons which justify the sentence.”

(3)   In subsection (3), after “(2)” insert “or (2A)”.”

Page 11, line 41, after “services” insert “that is a public sector provider or a person
commissioned by a public sector provider”

Page 12, line 9, at end insert—

“(2A)    In sections 177(1) and 190(1) (requirements that may be imposed as part of
a community order or suspended sentence order) after paragraph (j)
insert—

“(ja)   a restorative justice requirement (as defined by section
212A),”.”

Page 12, line 16, at end insert—

“(1A)    In giving any instructions to the offender under subsection (1), the
responsible officer shall have regard to—

(a)   the suitability of any appointments having regard to any
caring commitments the offender may have and the
compatibility of activities with the offender’s family
circumstances;

(b)   the suitability of activities and place specified under
subsection (5) if the offender is responsible for a child and it
is desirable that the child accompanies the offender.”

Page 12, line 39, leave out paragraph (b) and insert—

“(b)   restorative justice activities”

Page 12, line 39, at end insert—

“(c)   restorative justice activities”

Page 12, line 39, at end insert—

“(7A)    In this section “restorative justice activity” means an activity—

(a)   where the participants consist of, or include, the offender
and one or more of the victims,

(b)   which aims to maximise the offender’s awareness of the
impact of the offending concerned on the victims, and

(c)   which gives an opportunity to a victim or victims to talk
about, or by other means express experience of, the
offending and its impact.”

Page 13, line 4, at end insert—

“(3A)    After section 212 insert—

“212A           Restorative justice requirement

(1)   In this Part “restorative justice requirement”, in relation to a
relevant order, means a requirement to participate in an activity—

(a)   where the participants consist of, or include, the offender
and one or more of the victims,

(b)   which aims to maximise the offender’s awareness of the
impact of the offending concerned on the victims, and

(c)   which gives an opportunity to a victim or victims to talk
about, or by other means express experience of, the
offending and its impact.

(2)   Imposition of a restorative justice requirement requires, in addition
to the offender’s consent, the consent of every other person who
would be a participant in the activity concerned.

(3)   For the purposes of subsection (2), a responsible officer does not
count as a proposed participant.

(4)   In this section “victim” means a victim of, or other person affected
by, the offending concerned.””

Page 13, line 11, at end insert—

“(2A)    In section 217 (requirement to avoid conflict with religious beliefs, etc) after
subsection (1)(b) insert—

“(c)   any interference with the offender’s ability to discharge any
caring responsibilities that the offender may have”.”

Lord Beecham gives notice of his intention to oppose the Question that Clause 14 stand part
of the Bill.

Page 14, line 21, after first “The” insert “only”

Page 14, line 26, at end insert—

“(4A)    An application may not be refused unless the purpose of the
requirement or the rehabilitation is significantly less likely to be
achieved if the offender changes residence.”

Insert the following new Clause—

“Provision for female offenders

(1)   Section 3 of the Offender Management Act 2007 is amended as follows.

(2)   After subsection (2) insert—

“(2A)    Arrangements under subsection (2) shall require providers of
probation services to make provision for the delivery of services for
female offenders which take account of the particular needs of
women.”

(3)   After subsection (5) insert—

“(5A)    Arrangements under subsection (5) shall make provision for the
delivery of services for female offenders which take account of the
particular needs of women.””

Insert the following new Clause—

“Veterans’ courts pilot

(1)   Veterans’ courts shall be established for the purpose of assisting the
rehabilitation of ex-service personnel convicted of offences for which non-
custodial sentences could be imposed by the trial court.

(2)   Subject to subsection (3) below, before instituting the provision of veterans’
courts, the Secretary of State shall prescribe by statutory instrument a
scheme for such a system, which shall be laid before and approved by
resolution of each House of Parliament.

(3)   Before such system may come into existence, the Secretary of State shall
undertake a pilot scheme lasting three years in duration, which shall be
independently evaluated to include consultation with magistrates, with the
evaluation report laid before Parliament and approved by resolution of
both Houses of Parliament.”

Insert the following new Clause—

“Secretary of State’s duty

(1)   The Secretary of State shall in each year publish a report on the financial
and resource costs and benefits of the implementation of this Act.

(2)   A report published under subsection (1) shall include, but need not be
restricted to, information on the financial costs and benefits associated
with—

(a)   the supervision of offenders following release from custody,

(b)   breaches of supervision requirements,

(c)   changes in arrangements for the provision of probation services,

(d)   any changes in sentencing practice attributable to the
implementation of this Act.

(3)   Publication under subsection (1) shall be effected in such manner as the
Secretary of State considers appropriate for the purpose of bringing the
report to the attention of persons engaged in the administration of criminal
justice and of the public.”

Page 17, line 17, leave out subsection (2)

Page 18, line 6, at end insert—

“(2A)    Any order under this section may not be made unless the order has been
laid before, and approved by a resolution of, each House of Parliament.”