Offender Rehabilitation Bill

House of Lords

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Offender Rehabilitation Bill

8

A5  (1)
Paragraph 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)
In 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)
At 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 whatever 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, and

(b)
section 106B of the Powers of Criminal Courts

(Sentencing) Act 2000.

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

Reference
Substituted reference

Crown Court
County court

Justice of the peace
Lay magistrate

Information
Complaint

Local justice area
Petty sessions district

Magistrates’ court
Court of summary

jurisdiction

Officer of a provider of
Probation officer

probation services

Young offender
Young offender centre

institution

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    (12)
The 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. 1996/3160) (N.I. 24), and

(ii)
a licence under the Northern Ireland

(Sentences) Act 1998, Part 3 of the Life

Sentences (Northern Ireland) Order 2001 (S.I.

2001/2564 (N.I. 2)) or Chapter 4 of Part 2 of the

Criminal Justice (Northern Ireland) Order 2008

(S.I. 2008/1216 (N.I. 1)),

(b)
section 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 of Justice in Northern Ireland”.”

A6  (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)
A 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)
in 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.”

A7
After 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 provisions.

      (2)
“The supervision provisions” means the provisions listed in

paragraph 8(9), as they are applied by paragraph 8(2) or (4).

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Electronic monitoring in Scotland

19B(1)
Section 245C of the Criminal Procedure (Scotland) Act 1995

(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).”

A8
In paragraph 20(1) (interpretation), for the definition of “supervision”

substitute—

““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 licence,

(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 (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).””
22
Page 27, leave out lines 33 to 35 and insert—

    “( )
For paragraph (i) substitute—

“(i)
post-release supervision in accordance with a licence

under section 31 of the Crime (Sentences) Act 1997 or

section 250 of the Criminal Justice Act 2003 of a person

sentenced to detention under section 90 or 91 of the

Powers of Criminal Courts (Sentencing) Act 2000, section

226, 226B or 228 of the Criminal Justice Act 2003 or section

209, 218, 221, 221A or 222 of the Armed Forces Act 2006;

(ia)
post-release supervision under section 256B of the

Criminal Justice Act 2003;

(ib)
supervision under section 256AA of the Criminal Justice

Act 2003 of a person sentenced to detention under section

91 of the Powers of Criminal Courts (Sentencing) Act 2000

or section 209 of the Armed Forces Act 2006;”.”
23
Page 29, line 20, leave out “264A(1)” and insert “264B(1)”
24
Page 29, line 23, at end insert—

“15A (1)
Section 302 (execution of process between England and Wales and

Scotland) is amended as follows.

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      (2)
After “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

“paragraph 8(1) or 10(5) of Schedule 19A,”.”
Schedule 7
25
Page 37, line 25, leave out “and 13” and insert “, 13 and (Drug testing and

appointments: offenders transferred within the British Islands)”

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