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Offender Management Bill


Offender Management Bill
Part 2 — Prisons

12

 

40B     

Conveyance etc. of List A articles into or out of prison

(1)   

A person who, without authorisation—

(a)   

brings, throws or otherwise conveys a List A article into or out

of a prison,

(b)   

causes another person to bring, throw or otherwise convey a

5

List A article into or out of a prison,

(c)   

leaves a List A article in any place (whether inside or outside a

prison) intending it to come into the possession of a prisoner, or

(d)   

knowing a person to be a prisoner, gives a List A article to him,

   

is guilty of an offence.

10

(2)   

In this section “authorisation” means authorisation given for the

purposes of this section—

(a)   

in relation to all prisons or prisons of a specified description, by

the Secretary of State; or

(b)   

in relation to a particular prison, by the Secretary of State or by

15

the governor or director of the prison.

(3)   

Authorisation may be given to specified persons or persons of a

specified description—

(a)   

in relation to specified articles or articles of a specified

description;

20

(b)   

in relation to specified acts or acts of a specified description; or

(c)   

on such other terms as may be specified.

   

In this subsection “specified” means specified in the authorisation.

(4)   

Authorisation given by the Secretary of State otherwise than in writing

shall be recorded in writing as soon as is reasonably practicable after

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being given.

(5)   

Authorisation given by the governor or director of a prison shall—

(a)   

be given in writing; and

(b)   

specify the purpose for which it is given.

(6)   

A person guilty of an offence under this section is liable on conviction

30

on indictment to imprisonment for a term not exceeding ten years or to

a fine (or both).

40C     

Conveyance etc. of List B or C articles into or out of prison

(1)   

A person who, without authorisation—

(a)   

brings, throws or otherwise conveys a List B article into or out

35

of a prison,

(b)   

causes another person to bring, throw or otherwise convey a

List B article into or out of a prison,

(c)   

leaves a List B article in any place (whether inside or outside a

prison) intending it to come into the possession of a prisoner, or

40

(d)   

knowing a person to be a prisoner, gives a List B article to him,

   

is guilty of an offence.

(2)   

A person who, without authorisation—

(a)   

brings, throws or otherwise conveys a List C article into a prison

intending it to come into the possession of a prisoner,

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Offender Management Bill
Part 2 — Prisons

13

 

(b)   

causes another person to bring, throw or otherwise convey a

List C article into a prison intending it to come into the

possession of a prisoner,

(c)   

brings, throws or otherwise conveys a List C article out of a

prison on behalf of a prisoner,

5

(d)   

causes another person to bring, throw or otherwise convey a

List C article out of a prison on behalf of a prisoner,

(e)   

leaves a List C article in any place (whether inside or outside a

prison) intending it to come into the possession of a prisoner, or

(f)   

while inside a prison, gives a List C article to a prisoner,

10

   

is guilty of an offence.

(3)   

A person who attempts to commit an offence under subsection (2) is

guilty of that offence.

(4)   

In proceedings for an offence under this section it is a defence for the

accused to show that—

15

(a)   

he reasonably believed that he had authorisation to do the act in

respect of which the proceedings are brought, or

(b)   

in all the circumstances there was an overriding public interest

which justified the doing of that act.

(5)   

A person guilty of an offence under subsection (1) is liable—

20

(a)   

on conviction on indictment, to imprisonment for a term not

exceeding two years or to a fine (or both);

(b)   

on summary conviction, to imprisonment for a term not

exceeding 12 months or to a fine not exceeding the statutory

maximum (or both).

25

(6)   

A person guilty of an offence under subsection (2) is liable on summary

conviction to a fine not exceeding level 3 on the standard scale.

(7)   

In this section “authorisation” means authorisation given for the

purposes of this section; and subsections (1) to (3) of section 40E apply

in relation to authorisations so given as they apply to authorisations

30

given for the purposes of section 40D.”

(2)   

In section 52 of the Prison Act 1952 (c. 52) (exercise of powers to make orders

etc)—

(a)   

in subsection (1) for “or section thirty-seven” there is substituted “, 37

or 40A”; and

35

(b)   

after subsection (2) there is inserted—

“(2A)   

A statutory instrument containing an order under section

40A(6) which relates to List A (whether or not it also relates to

List B) shall not be made unless a draft of it has been laid before,

and approved by a resolution of, each House of Parliament.

40

(2B)   

A statutory instrument containing an order under section

40A(6) which relates only to List B is subject to annulment in

pursuance of a resolution of either House of Parliament.”

18      

Other offences relating to prison security

(1)   

After section 40C of the Prison Act 1952 (as substituted for section 40 of that Act

45

 
 

Offender Management Bill
Part 2 — Prisons

14

 

by section 17 above), there is inserted—

“40D    

Other offences relating to prison security

(1)   

A person who, without authorisation—

(a)   

takes a photograph, or makes a sound-recording, inside a

prison, or

5

(b)   

transmits, or causes to be transmitted, any image or any sound

from inside a prison by electronic communications for

simultaneous reception outside the prison,

   

is guilty of an offence.

(2)   

It is immaterial for the purposes of subsection (1)(a) where the

10

recording medium is located.

(3)   

A person who, without authorisation—

(a)   

brings or otherwise conveys a restricted document out of a

prison or causes such a document to be brought or conveyed

out of a prison, or

15

(b)   

transmits, or causes to be transmitted, a restricted document (or

any information derived from a restricted document) from

inside a prison by means of electronic communications,

   

is guilty of an offence.

(4)   

In proceedings for an offence under this section it is a defence for the

20

accused to show that—

(a)   

he reasonably believed that he had authorisation to do the act in

respect of which the proceedings are brought, or

(b)   

in all the circumstances there was an overriding public interest

which justified the doing of that act.

25

(5)   

A person guilty of an offence under this section is liable—

(a)   

on conviction on indictment, to imprisonment for a term not

exceeding two years or to a fine (or both); or

(b)   

on summary conviction, to imprisonment for a term not

exceeding 12 months or to a fine not exceeding the statutory

30

maximum (or both).

40E     

Section 40D: meaning of “authorisation” and other interpretation

(1)   

In section 40D (and the following provisions of this section)

“authorisation” means authorisation given for the purposes of that

section—

35

(a)   

in relation to all prisons or prisons of a specified description, by

prison rules or by the Secretary of State;

(b)   

in relation to a particular prison—

(i)   

by the Secretary of State;

(ii)   

by the governor or director of the prison;

40

(iii)   

by a person working at the prison who is authorised by

the governor or director to grant authorisation on his

behalf.

(2)   

Authorisation may be given—

(a)   

to persons generally or to specified persons or persons of a

45

specified description; and

 
 

Offender Management Bill
Part 2 — Prisons

15

 

(b)   

on such terms as may be specified.

   

In this subsection “specified” means specified in the authorisation.

(3)   

Authorisation given by or on behalf of the governor or director of a

prison must be in writing.

(4)   

In section 40D “restricted document” means the whole (or any part

5

of)—

(a)   

a photograph taken inside the prison;

(b)   

a sound-recording made inside the prison;

(c)   

a personal record (or a document containing information

derived from a personal record);

10

(d)   

any other document which contains—

(i)   

information relating to an identified or identifiable

relevant individual, if the disclosure of that information

would or might prejudicially affect the interests of that

individual; or

15

(ii)   

information relating to any matter connected with the

prison or its operation, if the disclosure of that

information would or might prejudicially affect the

security or operation of the prison.

(5)   

In subsection (4)—

20

“personal record” means any record which is required by prison

rules to be prepared and maintained in relation to any prisoner

(and it is immaterial whether or not the individual concerned is

still a prisoner at the time of any alleged offence);

“relevant individual” means an individual who is or has at any

25

time been—

(a)   

a prisoner or a person working at the prison; or

(b)   

a member of such a person’s family or household.

(6)   

In section 40D and this section—

“document” means anything in which information is recorded (by

30

whatever means);

“electronic communications” has the same meaning as in the

Electronic Communications Act 2000 (c. 7);

“photograph” means a recording on any medium on which an

image is produced or from which an image (including a moving

35

image) may by any means be produced; and

“sound-recording” means a recording of sounds on any medium

from which the sounds may by any means be reproduced.”

(2)   

Section 41 of the Prison Act 1952 (c. 52) (unlawful introduction of other articles)

ceases to have effect.

40

(3)   

In section 42 (display of notice of penalties) for “the three last preceding

sections” there is substituted “sections 39 to 40D”.

19      

Offences under sections 17 and 18: extension of Crown immunity

After section 40E of the Prison Act 1952 (as inserted by section 17 above) there

 
 

Offender Management Bill
Part 2 — Prisons

16

 

is inserted—

“40F    

Offences under sections 40B, 40C or 40D: extension of Crown

immunity

(1)   

An individual who—

(a)   

works at a prison;

5

(b)   

does not do that work as a servant or agent of the Crown; and

(c)   

has been designated by the Secretary of State for the purposes

of this section,

   

shall be treated for the purpose of the application of sections 40B, 40C

or 40D as if he were doing that work as a servant or agent of the Crown.

10

(2)   

A designation for the purposes of this section may be given—

(a)   

in relation to persons specified in the designation or persons of

a description so specified; and

(b)   

in relation to all work falling within subsection (1)(a ) or only in

relation to such activities as the designation may provide.”

15

Other amendments of the Prison Act 1952

20      

Removal of requirement to appoint a medical officer etc

(1)   

It is no longer a requirement for there to be a medical officer appointed under

section 7(1) of the Prison Act 1952 (c. 52) for each prison (and, accordingly, in

section 7(1) the words “and a medical officer” are omitted).

20

(2)   

In section 128(5) of the Criminal Justice and Public Order Act 1994 (c. 33) (pay

and conditions for the prison service), for paragraph (a) there is substituted—

“(a)   

hold any post, other than as chaplain or assistant chaplain, to

which they have been appointed for the purposes of section 7 of

the Prison Act 1952;

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(aa)   

hold any post, other than as chaplain or assistant chaplain or as

a medical officer, to which they have been appointed for the

purposes of section 2(2) of the Prison Act (Northern Ireland)

1953;”.

(3)   

Sections 17 (painful tests applied by the medical officer) and 28(5) (duties of the

30

medical officer in relation to certain prisoners) of the Prison Act 1952 cease to

have effect.

21      

Amendment of section 8A of the Prison Act 1952

(1)   

Section 8A of the Prison Act 1952 (powers of search by authorised employees

at a directly managed prison) is amended as follows.

35

(2)   

In the side note, for “employees” there is substituted “persons”.

(3)   

In subsections (1) and (2), for “employee” there is substituted “person”.

(4)   

In subsection (3)—

(a)   

for “authorised employee” there is substituted “authorised person”;

and

40

(b)   

for “an employee” there is substituted “a person working at the

prison,”.

 
 

Offender Management Bill
Part 3 — Other provisions about the management of offenders

17

 

Part 3

Other provisions about the management of offenders

22      

Accreditation of programmes for purposes of programme requirements

(1)   

In section 202 of the Criminal Justice Act 2003 (programme requirements)—

(a)   

in subsection (2), for “accreditation body” there is substituted

5

“Secretary of State for the purposes of this section”; and

(b)   

subsection (3)(b) is omitted.

(2)   

Any programme which immediately before the commencement of this section

is accredited for the purposes of section 202 is to be treated as a programme

accredited by the Secretary of State.

10

23      

Functions of Youth Justice Board

(1)   

Section 41 of the Crime and Disorder Act 1998 (c. 37) (the Youth Justice Board)

is amended as follows.

(2)   

In subsection (5), after paragraph (j) there is inserted—

“(ja)   

at the request of the Secretary of State, to assist him in carrying

15

out his functions in relation to the release of offenders detained

in accommodation which is youth detention accommodation,

within the meaning given by section 107(1) of the Powers of

Criminal Courts (Sentencing) Act 2000;”.

(3)   

After subsection (6) there is inserted—

20

“(6A)   

The power of the Secretary of State under subsection (6)(b) includes

power—

(a)   

to provide that, in relation to any function of his that is

exercisable in respect of particular cases, the function is to be

exercisable by the Board only—

25

(i)   

where it proposes to exercise the function in a particular

manner, or

(ii)   

in respect of a class of case specified in the order, and

(b)   

to make any supplementary, incidental or consequential

provision (including provision for any enactment to apply

30

subject to modifications).”

24      

Detention and training orders: early release

(1)   

In section 102(4) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

(early release from period of detention)—

(a)   

in paragraph (a), for “one month before” there is substituted “at any

35

time during the period of one month ending with”, and

(b)   

in paragraph (b), for “one month or two months before” there is

substituted “at any time during the period of two months ending with”.

(2)   

The amendments made by subsection (1) apply in relation to an offender

detained under a detention and training order which comes into force before

40

this section comes into force as they apply in relation to an offender detained

under a detention and training order which comes into force after this section.

 
 

 
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Revised 23 November 2006