Offender Rehabilitation Bill [HL]

Page 1, line 7, leave out “1 day” and insert “less than 29 days”

Insert the following new Clause—

“Provision of services for voluntary rehabilitation of prisoners

The Secretary of State may make contractual or other arrangements with
any other person for the provision of services for the voluntary
rehabilitation of prisoners serving sentences which are for terms of less
than 12 months.”

Page 2, line 9, leave out “1 day” and insert “27 days”

Page 2, leave out lines 11 and 12 and insert—

“(a)   the offender was aged under 18 when sentenced, and
received their sentence in the youth court,”

Page 2, line 11, leave out “18” and insert “21”

Page 2, line 17, at end insert—

“(d)   the court sentencing the offender made an order that the
offender need not comply with this section.”

Page 2, line 37, at end insert—

“(7A)    The supervisor must explain to the offender in language
appropriate to his individual intellectual ability and
understanding—

(a)   the effect of the supervision requirements, and

(b)   the effects of non-compliance with any requirement with
which the offender is required to comply.”

Page 2, line 37, at end insert—

“(7A)    The Secretary of State when specifying requirements under this
section in respect of female offenders must have regard to the
particular needs of women.”

Page 2, line 40, leave out from “services” to end of line 42 and insert “that is a public
sector provider or a person commissioned by a public sector provider”

Insert the following new Clause—

“Duty for all providers of probation services to attend community safety
partnership meetings and co-operate with crime and disorder reduction
partnerships

(1)   Section 6 of the Crime and Disorder Act 1998 (formulation and
implementation of strategies) is amended as follows.

(2)   In subsection (1) after “responsible authorities” insert “including all future
providers of probation services”.

(3)   In subsection (1)(a)(i) after “disorder in the area” insert “to include
attendance at local community safety partnership meetings and co-
operation with crime and disorder reduction partnerships”.”

Page 20, line 6, leave out paragraph 1

Page 20, line 34, at end insert—

“(k)   a mental health assessment.”

Page 20, line 34, at end insert—

“(1A)    The supervisor shall, when giving instructions under subsection
(1)(h), have regard to—

(a)   the compatibility of activities with the offender’s family
circumstances;

(b)   the suitability of activities and where they take place if the
offender is responsible for a child and it is desirable that
the child accompanies the offender.”

Page 21, line 2, at end insert—

“(3A)    Every requirement specified in a notice under section 256AA
must be reasonable and proportionate having regard to its
purpose.”

Page 21, line 8, after “imposed” insert “and their variation by the supervisor”

Page 3, line 38, after “may” insert “if satisfied that the interests of justice so require”

Page 3, leave out lines 39 and 40

Page 3, line 39, at beginning insert “subject to subsection (7A),”

Page 3, line 42, after “scale,” insert—

“( )   recommend to the Secretary of State that the notice given to
the offender under section 256AA be varied in one or more
ways which the court may specify,”

Page 4, line 1, at end insert—

“(4A)    The Sentencing Council shall publish guidelines with regard to the
court’s exercise of its powers under subsection (4).”

Page 4, line 15, at end insert—

“(7A)    The court may not order the person to be committed to prison
unless it is as a last resort and all other means of dealing with the
breach have been exhausted by the courts.”

Page 23, line 27, at end insert—

“(1A)    An offender subject to a supervision order under section 199
(unpaid work requirement) shall not be required to work unpaid
for a private sector employer.”

Baroness Linklater of Butterstone gives notice of her intention to oppose the Question that
Clause 4 stand part of the Bill.

Page 7, line 38, after “services,” insert “except for cases where the offender attained
his 18th birthday during a custodial sentence,”

Baroness Linklater of Butterstone gives notice of her intention to oppose the Question that
Clause 6 stand part of the Bill.

Insert the following new Clause—

“Probation service reform: Parliamentary approval

No alteration or reform may be made to the structure of the probation
service unless the proposals have been laid before Parliament, and
approved by resolution of, both Houses of Parliament.”

Insert the following new Clause—

“Proposed reform of probation services

(1)   Subject to subsection (2), before instituting a system of payment by results
for the provision of services to supervise offenders, 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 both Houses of
Parliament.

(2)   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, with the evaluation report laid before Parliament
and approved by resolution of both Houses of Parliament.

(3)   Any payment by results pilot shall be based upon existing probation trust
areas.”

Insert the following new Clause—

“Provision of probation services

In any scheme (including pilots) for the supervision of offenders under
sections 2 to 6, probation trusts and local authorities shall not be precluded
from tendering for contracts.”

Insert the following new Clause—

“Low, medium and high risk offenders

(1)   For the purpose of the provision of probation services, the definition of a
low, medium and high risk provider shall be prescribed by statutory
instrument, which shall be laid before Parliament and subject to the
affirmative resolution procedure of both Houses.

(2)   For the purpose of the provision of probation services and supervision post
release, the definition of a low or medium risk offender shall not include
offences of a violent or sexual nature, stalking or domestic violence.”

Insert the following new Clause—

“Requirement on Secretary of State to request probation and supervision
providers to report on breaches and handling of services contracts

(1)   The Secretary of State shall require all providers of probation and
supervision services to provide information, report numbers of breaches,
and to provide a comprehensive assessment of their management of the
contract to provide probation services.

(2)   The provider of probation and supervision services shall be required to
produce an annual report, which shall be laid before Parliament.

(3)   Where appropriate, the report should include deemed outcomes of
supervision orders, including a breakdown of supervision order
requirements, and the explanation for breaches and the failure of offenders
to comply.”

Lord Beecham gives notice of his intention to oppose the Question that Clause 8 stand part
of the Bill.

Page 9, line 43, at end insert—

“(4A)    After section 76(5) (subordinate legislation) insert—

“(5A)    An order making any provision by virtue of section 63 or 70
regarding Class B drugs may only be made if the statutory
instrument has been laid before and approved by resolution of each
House of Parliament.””

Insert the following new Clause—

“Resettlement prisons

Before the Secretary of State may institute the proposed system for
resettlement prisons, whereby an offender is held in a prison designated to
the area to which he will be released, for a period of months before release,
such system must be set out in regulations and laid before both Houses of
Parliament for debate.”

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—

“(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”.”

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’ court 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.”