Offender Rehabilitation BillPage 10
(5)
In section 63C(6) of the Police and Criminal Evidence Act 1984 (testing persons
in police detention for presence of Class A drugs: supplementary)—
(a)
for “and “trigger offence” have the same meanings” substitute “has the
same meaning”, and
(b) 5at the end insert—
““trigger offence” has the same meaning as in that Part,
except that an offence under the Misuse of Drugs Act
1971 is a trigger offence only if committed in respect of a
specified Class A drug.”
(1)
In Chapter 2 of Part 3 of the Criminal Justice and Court Services Act 2000
(dealing with offenders), after section 64 insert—
(1) This section applies where—
(a)
15the 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)
an officer of a provider of probation services has recommended
20to 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)
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.
(3)
The conditions imposed on the offender’s release may include a
35condition 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) The condition must specify—
(a)
40the 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)
45The only instructions that an officer of a provider of probation services
may give for the purposes of the requirement are instructions as to—
Offender Rehabilitation BillPage 11
(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
an appointment do not include a requirement to submit to treatment.
(8) 5In this section—
“controlled drug” has the same meaning as in the Misuse of Drugs
Act 1971;
“sentence of imprisonment” does not include a detention and
training order or an order under section 211 of the Armed
10Forces Act 2006 but does include—
a sentence of detention in a young offender institution,
a sentence of detention under section 90 of the Powers of
Criminal Courts (Sentencing) Act 2000 (detention at Her
Majesty’s pleasure),
15a sentence of detention under section 91 of that Act
(detention of offenders under 18 convicted of certain
serious offences),
a sentence of custody for life under section 93 or 94 of
that Act,
20a 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),
a sentence of detention under section 209 of the Armed
25Forces Act 2006 (detention of offenders under 18
convicted of certain serious offences), and
a sentence of detention under section 218 of that Act
(detention at Her Majesty’s pleasure).”
(2)
In section 250 of the Criminal Justice Act 2003 (licence conditions), in
30subsection (4)(b)(i), for “or 64” substitute “, 64 or 64A”.
(1) For section 197 of the Criminal Justice Act 2003 substitute—
(1)
35For 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) 40The 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) 45In Schedule 4 to this Act—
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(a)
Part 1 contains amendments which confine certain functions of
responsible officers to the public sector, and
(b) Part 2 contains consequential provision.
(1) 5The 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) 10After section 200 insert—
(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
15responsible 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)
20Any 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
25appointments 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,
30or
(b)
go to a specified place and, while there, comply with any
instructions 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
35authority.
(7)
The activities that responsible officers may instruct offenders to
participate in include—
(a) activities forming an accredited programme (see section 202(2));
(b) activities whose purpose is reparative.
(8)
40Where compliance with an instruction would require the co-operation
of a person other than the offender, the responsible officer may give the
instruction only if that person agrees.
(9) In this section “the relevant period” means—
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(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
period as defined by section 189(1A).”
(4)
5Sections 201 and 213 (activity requirements and supervision requirements) are
repealed.
(5) Schedule 5 to this Act contains consequential provision.
(1) The Criminal Justice Act 2003 is amended as follows.
(2)
10In 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) in paragraph 2(3), omit paragraph (b);
(b) 15in 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) in paragraph 9(3), omit paragraph (b).
(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) omit “specified in the relevant order”, and
(b) 25for “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
30be 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
35other 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))”.
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(8)
In 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)
5In Schedule 14 (persons to whom copies of requirements to be provided in
particular cases), in the table, omit the entry relating to an attendance centre
requirement.
(1) The Criminal Justice Act 2003 is amended as follows.
(2) 10After section 220 insert—
(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) 15the responsible officer, or
(b) a 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
20Schedule 8 or 12 (breach or amendment of orders etc).
(4)
The 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
25imposed by the relevant order, or
(b) would 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
30requirement 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
and paragraph 14 of Schedule 12 (amendment to reflect change in local
justice area).
(8)
35In 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
responsible officer of change of address).
(4)
In Schedule 8 (breach, revocation or amendment of community order), in
40paragraph 9, omit sub-paragraph (5A).
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(5) For paragraph 16 of Schedule 8 substitute—
“16
(1)
This paragraph applies where at any time while a community order
is in force in respect of an offender—
(a)
the offender is given permission under section 220A to
5change 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
10to 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) 15In this paragraph “the appropriate court” means—
(a)
in relation to a community order imposing a drug
rehabilitation requirement which is subject to review, the
court responsible for the order,
(b)
in relation to a community order which was made by the
20Crown 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)
in relation to any other community order, a magistrates’
court acting in the local justice area specified in the order.
16A
(1)
25This 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)
the order as amended includes a residence requirement
requiring the offender to reside at a specified place, and
(c)
30the 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)
The court must amend the order to specify the new local justice
area.”
(6)
35In Schedule 8, in paragraph 24, for 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-
paragraph (4A).
(8) 40For 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
change residence, and
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(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
5to 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)
10In 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)
15the 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)
20The 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—
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
30Section 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
35in force in respect of a person, the appropriate court is satisfied
that 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
40new local justice area.
(3)
In this paragraph “the appropriate court” means a magistrates’
court acting in the local justice area specified in the order.””
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(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
officer), at the end of paragraph (a) insert “and
(b) 5must notify the responsible officer of any change of address.”
(7B)
Section 220A (duty to obtain permission before changing residence)
is omitted.”
10Schedule 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.
(1)
15The 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) amend, repeal or revoke legislation.
(3)
20An 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)
A statutory instrument containing an order under this section is subject to
25annulment 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,
30each House of Parliament.
(7) In this section—
“Act” includes an Act or Measure of the National Assembly for Wales;
“legislation”, in relation to an order made in relation to a provision of this
Act, means—
35an Act passed before or in the same Session as this Act, or
an instrument made under an Act before the provision comes
into force.
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(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
5saving provision in connection with the coming into force of any provision of
this 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
102 of Schedule 6 may make different provision for different areas.
(4) An order under this section is to be made by statutory instrument.
(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)
15This section and sections 18, 19(2) to (4), 21 and 22 come into force on the day
on 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
20Schedule 6, may appoint different days for different areas.
(4) An order under this section is to be made by statutory instrument.
(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
25repealed (ignoring extent by virtue of an Order in Council).
(2)
Subject to subsection (1), this Act extends to England and Wales, Scotland and
Northern Ireland.
(3)
Section 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.
(4)
30Her 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) any of the British overseas territories.
(5)
35The power conferred by section 338 of the Criminal Justice Act 2003 (power to
extend to Channel Islands etc) is exercisable in relation to any amendment of
that Act that is made by this Act.
(6) “Armed forces amendment or repeal” means—
(a)
an amendment or repeal made by Schedule 6 (amendments of the
40Armed Forces Act 2006), and
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(b)
where 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.
5This Act may be cited as the Offender Rehabilitation Act 2013.