Offender Management Bill

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Offender Management Bill

Offender Management Bill
Part 1 — New arrangements for the provision of probation services
1

A
Bill
To
Make provision about the provision of probation services, prisons and other
matters relating to the management of offenders; and for connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Part 1
New arrangements for the provision of probation services
Probation purposes
1
Meaning of “the probation purposes”
(1)
In this Part “the probation purposes” means the purposes of providing for—
5
(a)
courts to be given assistance in determining the appropriate sentences
to pass, and making other decisions, in respect of persons charged with
or convicted of offences;
(b)
authorised persons to be given assistance in determining whether
conditional cautions should be given and which conditions to attach to
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conditional cautions;
(c)
the supervision and rehabilitation of persons charged with or convicted
of offences;
(d)
the giving of assistance to persons remanded on bail;
(e)
the supervision and rehabilitation of persons to whom conditional
15
cautions are given;
(f)
the giving of information to victims of persons charged with or
convicted of offences.
(2)
The purpose set out in subsection (1)(c) includes (in particular)—
(a)
giving effect to community orders and suspended sentence orders (or,
20
in the case of persons mentioned in subsection (3), any corresponding
sentence which is to be carried out in England and Wales);
(b)
assisting in the rehabilitation of offenders who are being held in prison;

Bill 9 54/2

Offender Management Bill
Part 1 — New arrangements for the provision of probation services
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(c)
supervising persons released from prison on licence;
(d)
providing accommodation in approved premises.
(3)
That purpose also applies in relation to persons who—
(a)
are convicted of an offence under the law of a country outside England
and Wales, and
5
(b)
receive a sentence which is to any extent to be served or carried out in
England and Wales,

as it applies in relation to persons convicted of offences.
(4)
In this section—
(a)
“authorised person” and “conditional caution” have the same meaning
10
as in Part 3 of the Criminal Justice Act 2003 (c. 44);
(b)
“community order” means—
(i)
a community order within the meaning of the Criminal Justice
Act 2003 (see section 177 of that Act);
(ii)
a community order within the meaning of the Powers of
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Criminal Courts (Sentencing) Act 2000 (c. 6) (as it applies to
offences committed before 4th April 2005);
(c)
“suspended sentence order” has the same meaning as in the Criminal
Justice Act 2003 (see section 189 of that Act); and
(d)
“victim” includes a person claiming to be a victim of a person charged
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with or convicted of an offence.
(5)
Regulations made by the Secretary of State may extend the purposes
mentioned in subsection (1) to include other purposes relating to persons
charged with or convicted of offences or persons to whom conditional cautions
are given.
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Functions of the Secretary of State
2
Responsibility for ensuring the provision of probation services
(1)
It is the function of the Secretary of State to ensure that sufficient provision is
made throughout England and Wales—
(a)
for the probation purposes;
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(b)
for enabling functions conferred by any enactment (whenever passed
or made) on providers of probation services, or on officers of a provider
of probation services, to be performed; and
(c)
for the performance of any function of the Secretary of State which is
expressed to be a function to which this section applies;
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and any provision which the Secretary of State considers should be made for a
purpose mentioned above is referred to in this Part as “probation provision”.
(2)
The Secretary of State shall discharge his function under subsection (1) in
relation to any probation provision by making and carrying out arrangements
under section 3.
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(3)
The Secretary of State is not required by subsections (1) and (2) to take any
action in relation to the making of provision for a purpose mentioned in
subsection (1) if it appears to him that appropriate provision is being or will be
made by any person acting otherwise than in pursuance of arrangements
under section 3.
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Offender Management Bill
Part 1 — New arrangements for the provision of probation services
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(4)
The Secretary of State shall at least once in every year consult such persons as
he thinks fit about the provision that should be made for the following year for
the purposes mentioned in subsection (1).
(5)
In this section—
“enactment” includes subordinate legislation (within the meaning of the
5
Interpretation Act 1978 (c. 30)); and
“year” means a period of 12 months ending with 31st March.
3
Power to make arrangements for the provision of probation services
(1)
This section applies to any probation provision which the Secretary of State
considers ought to be made for any of the purposes mentioned in section 2(1).
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(2)
The Secretary of State may make contractual or other arrangements with any other
person for the making of the probation provision.
(3)
Arrangements under subsection (2) may in particular authorise or require that
other person—
(a)
to co-operate with other providers of probation services or persons
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who are concerned with the prevention or reduction of crime or with
giving assistance to the victims of crime;
(b)
to designate individuals as officers of a provider of probation services;
(c)
to make contractual or other arrangements with third parties for
purposes connected with the probation provision to be made,
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including in particular contractual or other arrangements—
(i)
for provision to be made, or for activities to be carried out, by
third parties on behalf of that other person; or
(ii)
for individuals who are not members of that other person’s staff
to act as officers of a provider of probation services.
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(4)
If instead of making arrangements under subsection (2) the Secretary of State considers
it appropriate to make any probation provision himself, he may make arrangements for
the making of that provision through members of his staff (which may in particular
include prison officers or other persons employed at a prison) acting on his behalf.
(5)
In this Part “provider of probation services” means—
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(a)
in relation to probation provision which is the subject of arrangements
under subsection (2), the person with whom the Secretary of State
makes those arrangements; or
(b)
in relation to probation provision which is the subject of arrangements
under subsection (4), the Secretary of State.
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4
Power to establish probation trusts
(1)
The Secretary of State may by order—
(a)
establish a probation trust for purposes specified in the order;
(b)
alter the name or purposes of a probation trust;
(c)
dissolve a probation trust.
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(2)
The purposes of a probation trust must consist of or include the making or
performance by the trust of contracts with the Secretary of State under section
3(2).

Offender Management Bill
Part 1 — New arrangements for the provision of probation services
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(3)
The purposes of a probation trust may include all or any of the following
purposes—
(a)
the making or performance by the trust of contracts with another
probation trust or any other person which provide for the carrying out
by the trust of activities which contribute to the achievement of any
5
purpose mentioned in section 2(1);
(b)
the making or performance by the trust of contracts with the Secretary
of State for the carrying out by the trust of activities anywhere in the
world which—
(i)
are to be carried out in connection with persons who are or have
10
been subject to proceedings in service courts; and
(ii)
correspond to activities which, if carried out in connection with
persons charged with or convicted of offences, would
contribute to the achievement of any purpose mentioned in
section 2(1);
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(c)
any other purpose specified for the purposes of this section by
regulations made by the Secretary of State.
(4)
A purpose specified for a probation trust under subsection (1)(a) may be
expressed in more specific terms than those used in subsection (2) or (3)(a) or
(b) or in regulations under subsection (3)(c).
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(5)
A purpose so specified which relates to the making or performance of contracts
includes the carrying out of any activities relating to a contract of a relevant
kind (including activities taking place before it is made or after it is
terminated).
(6)
An order establishing a probation trust may be amended or revoked by a
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subsequent order under this section.
(7)
An order under this section may include incidental or supplemental provision.
(8)
Schedule 1 (which contains other provision relating to probation trusts) has
effect.
5
Power to make grants for probation purposes etc
30
(1)
The Secretary of State may make payments (other than payments falling to be made in
pursuance of arrangements under section 3(2))—
(a)
to a probation trust; or
(b)
towards expenditure incurred by any other person for any purpose falling
within the probation purposes.
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(2)
Payments under this section may be made on conditions (which may require
repayment in specified circumstances).
Miscellaneous
6
Officers of providers of probation services
(1)
In this Part “officer of a provider of probation services” means an individual
40
who is for the time being authorised under this section to carry out the
functions of an officer of a particular provider of probation services (“the
relevant provider”).

Offender Management Bill
Part 1 — New arrangements for the provision of probation services
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(2)
An individual may be authorised as an officer of the relevant provider by—
(a)
the Secretary of State; or
(b)
a provider of probation services (whether the relevant provider or any
other provider) who is authorised to do so by the Secretary of State.
(3)
If the relevant provider is the Secretary of State, subsection (2) has effect with
5
the omission of paragraph (b).
(4)
The reference in subsection (1) to the functions of an officer of a particular
provider of probation service means—
(a)
any functions conferred by an enactment (whenever passed or made)
which are exercisable by an officer of that provider; and
10
(b)
anything which is required or authorised (by virtue of arrangements
made under section 3) to be done by an officer of that provider.
7
Abolition of local probation boards and transfers of property etc and staff
(1)
In consequence of the provisions of this Part, the local probation boards
constituted under section 4 of the Criminal Justice and Court Services Act 2000
15
(c. 43) are abolished.
(2)
Schedule 2 (which contains provisions relating to transfers of property etc or
staff in connection with the abolition of local probation boards or the
implementation or termination of arrangements under section 3) has effect.
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The inspectorate
20
(1)
Her Majesty’s Inspectorate of the National Probation Service for England and
Wales is renamed “Her Majesty’s Inspectorate of Probation for England and
Wales” and Her Majesty’s Chief Inspector of the National Probation Service for
England and Wales is renamed “Her Majesty’s Chief Inspector of Probation for
England and Wales”.
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(2)
In section 6 of the Criminal Justice and Court Services Act 2000 (the
inspectorate)—
(a)
in subsection (1), the words from “but” to the end are omitted; and
(b)
in subsection (4), for “the National Probation Service” (in both places)
there is substituted “Probation”.
30
(3)
In section 7 of that Act (functions of the inspectorate)—
(a)
in subsection (1), for “each local probation board under section 5” there
is substituted “the Secretary of State under section 3 of the Offender
Management Act 2007 (power to make arrangements for the provision
of probation services)”; and
35
(b)
in subsection (6), after “section 1” there is inserted “of the Offender
Management Act 2007”.
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Approved premises
(1)
The Secretary of State may approve premises in which accommodation is
provided—
40
(a)
for persons granted bail in criminal proceedings (within the meaning of
the Bail Act 1976 (c. 63)); or
(b)
for, or in connection with, the supervision or rehabilitation of persons
convicted of offences;

Offender Management Bill
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and in this section “approved premises” means premises which are for the time
being approved under this subsection.
(2)
The Secretary of State may make regulations for the regulation, management
and inspection of approved premises.
(3)
The Secretary of State may make payments to any person in connection with —
5
(a)
the operation of approved premises, or
(b)
constructing, enlarging or improving premises, if they are approved premises
or the works are being carried out with a view to the premises becoming
approved premises,

to any person who incurs expenditure on the activities in question.
10
(4)
Payments under subsection (3) may be made on conditions (including
conditions requiring repayment in specified circumstances).
(5)
The power to make payments under subsection (3) is without prejudice to the
powers of the Secretary of State under sections 2 to 5.
(6)
References in any Act or subordinate legislation (within the meaning of the
15
Interpretation Act 1978 (c. 30)) to an approved bail hostel or an approved
probation hostel are to be read as a reference to approved premises.
(7)
In paragraph 2(7) of Schedule 2 to the Private Security Industry Act 2001 (c. 12)
(activities not liable to control under the Act), after paragraph (l) there is
inserted—
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“(m)
activities of a person who is acting as a manager of
any approved premises (within the meaning of
section 9 of the Offender Management Act 2007).”
10
Disclosure for offender management purposes
(1)
This section applies to—
25
(a)
the Secretary of State;
(b)
a provider of probation services (other than the Secretary of State);
(c)
an officer of a provider of probation services; and
(d)
a person carrying out activities in pursuance of arrangements made by
a provider of probation services as mentioned in section 3(3)(c).
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(2)
In this section “listed person” means—
(a)
a government department;
(b)
the Youth Justice Board for England and Wales;
(c)
the Parole Board for England and Wales;
(d)
a relevant contractor;
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(e)
a chief officer of police;
(f)
a person who is responsible for securing the electronic monitoring of an
individual; and
(g)
any other person specified or described in regulations made by the
Secretary of State.
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(3)
Information may be disclosed—
(a)
by a person to whom this section applies—
(i)
to another person to whom this section applies, or
(ii)
to a listed person, or

Offender Management Bill
Part 1 — New arrangements for the provision of probation services
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(b)
by a listed person to a person to whom this section applies,

but only if the disclosure is necessary or expedient for any of the purposes
mentioned in subsection (4).
(4)
Those purposes are—
(a)
the probation purposes;
5
(b)
the performance of functions relating to prisons or prisoners of—
(i)
the Secretary of State;
(ii)
any other person to whom this section applies; or
(iii)
any listed person; and
(c)
any other purposes connected with the management of offenders
10
(including the development or assessment of policies relating to
matters connected with the management of offenders).
(5)
In subsection (4)(b)—
(a)
the reference to prisons or prisoners includes a reference to—
(i)
young offender institutions or persons detained in such
15
institutions; and
(ii)
secure training centres or persons detained in such centres;
(b)
the reference to functions, in relation to a listed person who is a relevant
contractor, includes activities connected with the making or
performance of a contract mentioned in subsection (8).
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(6)
Nothing in this section—
(a)
affects any power to disclose information that exists apart from this
section; or
(b)
authorises the disclosure of any information in contravention of any
provision contained in an enactment (whenever passed or made) which
25
prevents disclosure of the information.
(7)
But the Secretary of State may by order amend or repeal any provision
mentioned in subsection (6)(b) which is contained in an enactment (whenever
passed or made) so as to enable disclosures that would otherwise be permitted
under this section.
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(8)
In this section “relevant contractor” means—
(a)
a person who has entered into a contract for the running of, or of part
of—
(i)
a prison or young offender institution under section 84 of the
Criminal Justice Act 1991 (c. 53);
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(ii)
a secure training centre under section 7 of the Criminal Justice
and Public Order Act 1994 (c. 33);

or a sub-contractor of such a person (within the meaning of the section
in question); or
(b)
a person who has entered into a contract with the Secretary of State—
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(i)
under section 80 of the Criminal Justice Act 1991 for the
purposes of prisoner escort arrangements (see subsection (2) of
that section); or
(ii)
under paragraph 1 of Schedule 1 to the Criminal Justice and
Public Order Act 1994 for the purposes of escort arrangements
45
for offenders detained at secure training centres (see paragraph
1(3) of that Schedule).