House of Lords Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Offender Rehabilitation Bill [HL]
MARSHALLED LIST OF Commons Amendments AND AMENDMENTS IN
LIEU
[The page and line references are to Bill 88, the bill as first printed for the Commons.]
Clause 1
1
Leave out Clause 1
1A
Lord Ramsbotham to move, as an Amendment to the motion that this House do

agree with the Commons in their Amendment 1, at end insert “, and do propose

Amendment 1B in lieu of the words so left out of the Bill”.
1B
Insert the following new Clause—

“Probation services

Probation reform: Parliamentary approval

(1)
No alteration or reform may be made to the national structure or the

provision of probation services unless the proposals have been laid before,

and approved by resolution of, both Houses of Parliament.

(2)
For the avoidance of doubt, nothing in section 5 of the Offender

Management Act 2007 (power to establish probation trusts) shall be

interpreted as granting power to the Secretary of State to make structural

changes to probation provision unless the conditions of subsection (1) have

been met.”
Clause 3
2
Page 3, line 2, leave out “an officer of a provider of probation services” and insert

“a person”
3
Page 3, line 5, at end insert—

HL Bill 72—I 55/3

2

“( )
In relation to a person subject to supervision requirements under this

section following a sentence of detention under section 91 of the Sentencing

Act, the supervisor must be—

(a)
an officer of a provider of probation services, or

(b)
a member of the youth offending team established by the local

authority in whose area the offender resides for the time being.

( )
In relation to any other person, the supervisor must be an officer of a

provider of probation services.”
Clause 5
4
Page 5, line 13, at end insert—

“( )
In subsection (2)(c), omit “if the offender is under the age of 18 years at the

date of release,”.”
Clause 6
5
Page 5, line 41, leave out “264A” and insert “264B”
6
Page 6, line 13, leave out “After that section” and insert “Before section 265 (and the

italic heading before it)”
7
Page 6, line 14, leave out “264A” and insert “264B”
8
Page 6, line 31, at end insert—

“( )
In section 249(3) (duration of licence)—

(a)
for “sections” substitute “section”, and

(b)
for “and 264(3)” substitute “and sections 264(3C)(a) and 264B”.

( )
In section 250 (licence conditions), omit subsection (7).”
Clause 7
9
Page 7, leave out lines 44 and 45 and insert—

“(4)
“The supervisor”, in relation to the offender, must be—”
Clause 10
10
Page 9, line 7, at end insert—

“( )
in subsection (4), for “that period” substitute “the automatic release

period”,”
Clause 12
11
Page 10, line 14, leave out subsection (2) and insert—

“(2)
In section 64 (release on licence: drug testing requirements)—

(a)
in subsection (1)(a), omit “for a trigger offence, and”,

(b)
in that subsection, at the end insert “, and

(c)
the Secretary of State is satisfied of the matters in

subsection (1A).”,

3

(c)
after that subsection insert—

“(1A)
Those matters are—

(a)
that the misuse by the person of a specified class A

drug or a specified class B drug caused or

contributed to an offence of which the person has

been convicted or is likely to cause or contribute to

the commission of further offences by the person,

and

(b)
that the person is dependent on, or has a propensity

to misuse, a specified class A drug or a specified

class B drug.”,

(d)
in subsection (2), after “conditions” insert “mentioned in subsection

(1)(b)”, and

(e)
in subsection (3), after “specified Class A drug” insert “or specified

Class B drug”.”
12
Page 10, line 21, leave out subsections (4) and (5)
Clause 13
13
Page 11, line 16, leave out “imposed on the offender’s release” and insert

“mentioned in subsection (1)(b)”
After Clause 13
14
Insert the following new Clause—

“Drug testing and appointments: offenders transferred within the British

Islands

(1)
Schedule 1 to the Crime (Sentences) Act 1997 (transfer of prisoners within

the British Islands) is amended as follows.

(2)
In paragraph 8 (restricted transfers from England and Wales to Scotland)—

(a)
in sub-paragraphs (2)(aa) and (4)(aa), for “and 64” substitute “, 64

and 64A”, and

(b)
at the end insert—

  “(7)
Sections 64 and 64A of the Criminal Justice and Court

Services Act 2000 (release on licence etc: drug

appointments), as applied by sub-paragraph (2) or (4)

above, have effect as if any reference to an officer of a

provider of probation services were a reference to a

relevant officer as defined by section 27(1) of the

Prisoners and Criminal Proceedings (Scotland) Act 1993.”

(3)
In paragraph 9 (restricted transfers from England and Wales to Northern

Ireland)—

(a)
in sub-paragraphs (2)(aa) and (4)(aa), for “and 64” substitute “, 64

and 64A”, and

(b)
after sub-paragraph (5) insert—

“(5A)
Sections 64 and 64A of the Criminal Justice and Court

Services Act 2000 (release on licence etc: drug

4

appointments), as applied by sub-paragraph (2) or (4)

above, have effect as if any reference to an officer of a

provider of probation services were a reference to a

probation officer.””
Clause 15
15
Page 13, line 23, at end insert “, such as restorative justice activities.

(7A)
For the purposes of subsection (7)(b) an activity is a restorative justice

activity if —

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

of the victims,

(b)
the aim of the activity is to maximise the offender’s awareness of

the impact of the offending concerned on the victims, and

(c)
the activity gives a victim or victims an opportunity to talk about,

or by other means express experience of, the offending and its

impact.

(7B)
In subsection (7A) “victim” means a victim of, or other person affected by,

the offending concerned.”
Clause 23
16
Page 19, line 6, at end insert—

“( )
So far as sections 20, 21 and 22 confer power to make provision amending

or otherwise relating to Schedule 1 to the Crime (Sentences) Act 1997, they

also extend to the Channel Islands.”
17
Page 19, line 13, at end insert—

“( )
The power conferred by paragraph 19 of Schedule 1 to the Crime

(Sentences) Act 1997 (power to extend to Isle of Man) is exercisable in

relation to any amendment of that Act that is made by this Act.”
Clause 24
18
Page 19, line 25, leave out subsection (2)
Schedule 1
19
Page 21, line 26, leave out paragraph (a) and insert—

    “(a)
the Secretary of State is satisfied of the matters in subsection (2A),”
20
Page 21, line 30, at end insert—

“(2A)
Those matters are—

(a)
that the misuse by the offender of a specified class A drug

or a specified class B drug caused or contributed 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, and

5

(b)
that the offender is dependent on, or has a propensity to

misuse, a specified class A drug or a specified class B

drug.”
Schedule 3
21
Page 27, line 23, at end insert—

“Crime (Sentences) Act 1997 (c. 43)

A1
Schedule 1 to the Crime (Sentences) Act 1997 (transfer of prisoners

within the British Islands) is amended as follows.

A2  (1)
Paragraph 6 (effect of transfers: preliminary) is amended as follows.

      (2)
In sub-paragraph (2)(b), for “and possible recall following his release”

substitute “, possible recall following release and any supervision

default order”.

      (3)
In sub-paragraph (2)(c), for “and possible recall” substitute “, possible

recall and any supervision default order”.

      (4)
In sub-paragraph (3), at the end insert—

“(c)
in relation to a person who is supervised under section

256AA of the 2003 Act, being ordered to be committed

to prison or detention for failure to comply with a

requirement imposed under that section or by a

supervision default order;

(d)
in relation to a person who is supervised under section

256B of the 2003 Act, being ordered to be detained for

failure to comply with a supervision requirement

imposed under that section.”

      (5)
In sub-paragraph (4), at the appropriate place insert—

““supervision default order” has the meaning given in

section 268(1) of the 2003 Act;”.

A3  (1)
Paragraph 8 (restricted transfers from England and Wales to Scotland) is

amended as follows.

      (2)
In sub-paragraph (2)(a)—

(a)
for “264A” substitute “264B”,

(b)
after “267B of” insert “, and Schedules 19A, 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 19A, 20A and 20B to,” and

(c)
after “104” insert “and 106B”.

      (4)
In sub-paragraph (6)(f), for “paragraphs (b) and (c)” substitute

“paragraph (c)”.

      (5)
At the end (after the sub-paragraph (7) inserted by section (Drug testing

and appointments: offenders transferred within the British Islands) of this Act)

insert—



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