|
| |
| |
Schedule 16 | |
Section 221(7) | |
The Parole Board: supplementary provisions | |
Status and Capacity | |
1 (1) The Board is not to be regarded as the servant or agent of the Crown or as | |
enjoying any status, immunity or privilege of the Crown; and the Board’s | 5 |
property is not to be regarded as property of, or held on behalf of, the | |
Crown. | |
(2) It is within the capacity of the Board as a statutory corporation to do such | |
things and enter into such transactions as are incidental to or conducive to | |
the discharge of— | 10 |
(a) its functions under Chapter 6 of Part 12 in respect of fixed-term | |
prisoners, and | |
(b) its functions under Chapter 2 of Part 2 of the Crime (Sentences) Act | |
1997 (c. 43) in relation to life prisoners within the meaning of that | |
Chapter. | 15 |
Membership | |
2 (1) The Board is to consist of a chairman and not less than four other members | |
appointed by the Secretary of State. | |
(2) The Board must include among its members— | |
(a) a person who holds or has held judicial office; | 20 |
(b) a registered medical practitioner who is a psychiatrist; | |
(c) a person appearing to the Secretary of State to have knowledge and | |
experience of the supervision or after-care of discharged prisoners; | |
and | |
(d) a person appearing to the Secretary of State to have made a study of | 25 |
the causes of delinquency or the treatment of offenders. | |
(3) A member of the Board— | |
(a) holds and vacates office in accordance with the terms of his | |
appointment; | |
(b) may resign his office by notice in writing addressed to the Secretary | 30 |
of State; | |
and a person who ceases to hold office as a member of the Board is eligible | |
for re-appointment. | |
Payments to members | |
3 (1) The Board may pay to each member such remuneration and allowances as | 35 |
the Secretary of State may determine. | |
(2) The Board may pay or make provision for paying to or in respect of any | |
member such sums by way of pension, allowances or gratuities as the | |
Secretary of State may determine. | |
(3) If a person ceases to be a member otherwise than on the expiry of his term of | 40 |
office and it appears to the Secretary of State that there are special | |
circumstances that make it right that he should receive compensation, the | |
Secretary of State may direct the Board to make to that person a payment of | |
such amount as the Secretary of State may determine. | |
| |
| |
|
| |
| |
(4) A determination or direction of the Secretary of State under this paragraph | |
requires the approval of the Treasury. | |
Proceedings | |
4 (1) Subject to the provisions of section 221(5), the arrangements relating to | |
meetings of the Board are to be such as the Board may determine. | 5 |
(2) The arrangements may provide for the discharge, under the general | |
direction of the Board, of any of the Board’s functions by a committee or by | |
one or more of the members or employees of the Board. | |
(3) The validity of the proceedings of the Board are not to be affected by any | |
vacancy among the members or by any defect in the appointment of a | 10 |
member. | |
Staff | |
5 (1) The Board may appoint such number of employees as it may determine. | |
(2) The remuneration and other conditions of service of the persons appointed | |
under this paragraph are to be determined by the Board. | 15 |
(3) Any determination under sub-paragraph (1) or (2) requires the approval of | |
the Secretary of State given with the consent of the Treasury. | |
(4) The Employers’ Liability (Compulsory Insurance) Act 1969 (c. 57) shall not | |
require insurance to be effected by the Board. | |
6 (1) Employment with the Board shall continue to be included among the kinds | 20 |
of employment to which a scheme under section 1 of the Superannuation | |
Act 1972 (c. 11) can apply, and accordingly in Schedule 1 to that Act (in | |
which those kinds of employment are listed) at the end of the list of Other | |
Bodies there shall continue to be inserted— | |
“Parole Board.”. | 25 |
(2) The Board shall pay to the Treasury, at such times as the Treasury may | |
direct, such sums as the Treasury may determine in respect of the increase | |
attributable to this paragraph in the sums payable under the | |
Superannuation Act 1972 out of money provided by Parliament. | |
Financial provisions | 30 |
7 (1) The Secretary of State shall pay to the Board— | |
(a) any expenses incurred or to be incurred by the Board by virtue of | |
paragraph 3 or 5; and | |
(b) with the consent of the Treasury, such sums as he thinks fit for | |
enabling the Board to meet other expenses. | 35 |
(2) Any sums required by the Secretary of State for making payments under | |
sub-paragraph (1) are to be paid out of money provided by Parliament. | |
Authentication of Board’s seal | |
8 The application of the seal of the Board is to be authenticated by the | |
signature of the Chairman or some other person authorised for the purpose. | 40 |
| |
| |
|
| |
| |
Presumption of authenticity of documents issued by Board | |
9 Any document purporting to be an instrument issued by the Board and to | |
be duly executed under the seal of the Board or to be signed on behalf of the | |
Board shall be received in evidence and shall be deemed to be such an | |
instrument unless the contrary is shown. | 5 |
Accounts and audit | |
10 (1) It is the duty of the Board— | |
(a) to keep proper accounts and proper records in relation to the | |
accounts; | |
(b) to prepare in respect of each financial year a statement of accounts in | 10 |
such form as the Secretary of State may direct with the approval of | |
the Treasury; and | |
(c) to send copies of each such statement to the Secretary of State and the | |
Comptroller and Auditor General not later than 31st August next | |
following the end of the financial year to which the statement relates. | 15 |
(2) The Comptroller and Auditor General shall examine, certify and report on | |
each statement of accounts sent to him by the Board and shall lay a copy of | |
every such statement and of his report before each House of Parliament. | |
(3) In this paragraph and paragraph 11 “financial year” means a period of 12 | |
months ending with 31st March. | 20 |
Reports | |
11 The Board must as soon as practicable after the end of each financial year | |
make to the Secretary of State a report on the performance of its functions | |
during the year; and the Secretary of State must lay a copy of the report | |
before each House of Parliament. | 25 |
Schedule 17 | |
Section 246 | |
Deferment of sentence | |
1 For sections 1 and 2 of the Sentencing Act (deferment of sentence) there is | |
substituted— | |
“Deferment of sentence | 30 |
1 Deferment of sentence | |
(1) The Crown Court or a magistrates’ court may defer passing sentence | |
on an offender for the purpose of enabling the court, or any other | |
court to which it falls to deal with him, to have regard in dealing with | |
him to— | 35 |
(a) his conduct after conviction (including, where appropriate, | |
the making by him of reparation for his offence); or | |
(b) any change in his circumstances; | |
but this is subject to subsections (3) and (4) below. | |
| |
| |
|
| |
| |
(2) Without prejudice to the generality of subsection (1) above, the | |
matters to which the court to which it falls to deal with the offender | |
may have regard by virtue of paragraph (a) of that subsection | |
include the extent to which the offender has complied with any | |
requirements imposed under subsection (3)(b) below. | 5 |
(3) The power conferred by subsection (1) above shall be exercisable | |
only if— | |
(a) the offender consents; | |
(b) the offender undertakes to comply with any requirements as | |
to his conduct during the period of the deferment that the | 10 |
court considers it appropriate to impose; and | |
(c) the court is satisfied, having regard to the nature of the | |
offence and the character and circumstances of the offender, | |
that it would be in the interests of justice to exercise the | |
power. | 15 |
(4) Any deferment under this section shall be until such date as may be | |
specified by the court, not being more than six months after the date | |
on which the deferment is announced by the court; and, subject to | |
section 1D(3) below, where the passing of sentence has been deferred | |
under this section it shall not be further so deferred. | 20 |
(5) Where a court has under this section deferred passing sentence on an | |
offender, it shall forthwith give a copy of the order deferring the | |
passing of sentence and setting out any requirements imposed under | |
subsection (3)(b) above— | |
(a) to the offender, | 25 |
(b) where an officer of a local probation board has been | |
appointed to act as a supervisor in relation to him, to that | |
board, and | |
(c) where a person has been appointed under section 1A(2)(b) | |
below to act as a supervisor in relation to him, to that person. | 30 |
(6) Notwithstanding any enactment, a court which under this section | |
defers passing sentence on an offender shall not on the same | |
occasion remand him. | |
(7) Where— | |
(a) a court which under this section has deferred passing | 35 |
sentence on an offender proposes to deal with him on the | |
date originally specified by the court, or | |
(b) the offender does not appear on the day so specified, | |
the court may issue a summons requiring him to appear before the | |
court at a time and place specified in the summons, or may issue a | 40 |
warrant to arrest him and bring him before the court at a time and | |
place specified in the warrant. | |
(8) Nothing in this section or sections 1A to 1D below shall affect— | |
(a) the power of the Crown Court to bind over an offender to | |
come up for judgment when called upon; or | 45 |
(b) the power of any court to defer passing sentence for any | |
purpose for which it may lawfully do so apart from this | |
section. | |
| |
| |
|
