Offender Management Bill

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Offender Management Bill

Offender Management Bill
Part 3 — Other provisions about the management of offenders
18

25
Accommodation in which period of detention and training to be served
(1)
The Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) is amended as
follows.
(2)
In section 102 (the period of detention and training under a detention and
training order)—
5
(a)
in subsection (1)—
(i)
for “secure” there is substituted “youth detention”, and
(ii)
the words “or by such other person as may be authorised by
him for that purpose” are omitted, and
(b)
after that subsection, there is inserted—
10
“(1A)
Subsection (1) is subject to section 105A (direction that the
detention be in a prison).”
(3)
In section 104 (breach of supervision requirements)—
(a)
in subsection (3)(a) for “secure” there is substituted “youth detention”,
and
15
(b)
after subsection (3), there is inserted—
“(3A)
Subsection (3)(a) is subject to section 105A (direction that the
detention be in a prison).”
(4)
In section 105 (offences during currency of order)—
(a)
in each of subsections (2) and (3), for “secure” there is substituted
20
“youth detention”, and
(b)
after subsection (2) there is inserted—
“(2A)
Subsection (2) is subject to section 105A (direction that the
detention be in a prison).”
(5)
After section 105, there is inserted—
25
“105A
Direction that offender be detained in a prison
Where—
(a)
a person is sentenced to be detained by virtue of a detention and
training order or is ordered to be detained under section
104(3)(a) or 105(2) above, and
30
(b)
he has attained the age of 18,
the Secretary of State may direct that such detention be in a prison.”
(6)
In the heading to section 107 (meaning of “secure accommodation” and
references to terms) for “secure” there is substituted “youth detention”.
(7)
In section 107(1)—
35
(a)
for ““secure accommodation”” there is substituted ““youth detention
accommodation””,
(b)
in paragraph (c), after “by” there is inserted “or on behalf of”, and
(c)
for paragraph (e) there is substituted—
“(e)
such other accommodation or descriptions of
40
accommodation as the Secretary of State may by order
specify.”
(8)
In section 160 (rules and orders)—
(a)
in subsection (2)(b), after “68,” there is inserted “107(1)(e),”, and

Offender Management Bill
Part 3 — Other provisions about the management of offenders
19

(b)
in subsection (5)(a), for “or 40C(2)” there is substituted “, 40C(2) or
107(1)(e)”.
26
Conversion of sentence of detention to sentence of imprisonment
In section 99 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
(conversion of sentence of detention to sentence of imprisonment), for
5
subsection (1) there is substituted—
“(1)
Subject to the following provisions of this section, where—
(a)
an offender has been sentenced by a relevant sentence of
detention to a term of detention, and
(b)
he has attained the age of 18,
10

the Secretary of State may direct that the offender shall be treated as if
he had been sentenced to imprisonment for the same term.
(1A)
Subsection (1) is without prejudice to any power of the Secretary of
State under section 92 above or section 235 of the Criminal Justice Act
2003 to direct or determine that the offender be detained in a prison.”
15
27
Escort arrangements
(1)
Schedule 1 to the Criminal Justice and Public Order Act 1994 (c. 33) (escort
arrangements: England and Wales) is amended as follows.
(2)
In the heading to paragraph 1, for “offenders detained at secure training
centres” substitute “persons detained in youth detention accommodation”.
20
(3)
In paragraph 1 (arrangements for the escort of offenders detained at secure
training centres)—
(a)
in sub-paragraph (1), for “offenders” in paragraphs (a) and (b) there is
substituted “detained persons” and for paragraphs (c) and (d) there is
substituted—
25
“(c)
the custody of detained persons temporarily held in
youth detention accommodation in the course of
delivery from one such place of accommodation to
another; and
(d)
the custody of detained persons while they are outside a
30
place of youth detention accommodation for temporary
purposes,”, and
(b)
in sub-paragraph (2), for “a court, secure training centre” there is
substituted “a place of youth detention accommodation or a court”.
(4)
In paragraph 4 (interpretation)—
35
(a)
before the definition of “escort arrangements” there is inserted—
““detained person” means a person remanded or
committed to accommodation which is youth detention
accommodation or detained in any such
accommodation pursuant to a sentence or order
40
requiring the person to be detained;”, and
(b)
the definitions of “offender” and “secure training centre” are omitted.

Offender Management Bill
Part 4 — Supplemental
20

Part 4
Supplemental
28
Orders and regulations
(1)
Any power of the Secretary of State to make an order or regulations under this
Act is exercisable by statutory instrument.
5
(2)
An order or regulations under this Act may make—
(a)
different provision for different purposes or different areas;
(b)
incidental, supplemental, consequential, saving or transitional
provision.
(3)
A statutory instrument containing an order under—
10
(a)
section 10(2)(g) or (7), or
(b)
section 30(2)(a),

may not be made unless a draft of it has been laid before and approved by a
resolution of each House of Parliament.
(4)
A statutory instrument containing any other order, or regulations, under this
15
Act is subject to annulment in pursuance of a resolution of either House of
Parliament.
(5)
In this section references to an order do not include an order under section 4(1)
or 33.
29
Financial provisions
20
There is to be paid out of money provided by Parliament—
(a)
any sums required by the Secretary of State in connection with the making and
implementation of arrangements for the provision of probation services under
section 3;
(b)
any other expenditure incurred by the Secretary of State by virtue of this Act;
25
(c)
any increase attributable to this Act in the sums payable by virtue of any other
Act out of money so provided.
30
Power to make consequential and transitional provision etc
(1)
The Secretary of State may by order make—
(a)
any supplemental, incidental or consequential provision which he
30
considers necessary or expedient for the purposes of, in consequence
of, or for giving full effect to any provision of this Act, and
(b)
any transitory, transitional or saving provision which he considers
appropriate in connection with the coming into force of any provision
of this Act.
35
(2)
An order under subsection (1) may, in particular—
(a)
amend, repeal or revoke any enactment;
(b)
provide for any provision of this Act which comes into force before
another provision has come into force to have effect, until that other
provision has come into force, with specified modifications.
40
(3)
In subsection (2)(a) “enactment” includes any provision contained in—

Offender Management Bill
Part 4 — Supplemental
21

(a)
an Act or subordinate legislation,
(b)
an Act of the Scottish Parliament or any instrument made under such
an Act, and
(c)
Northern Ireland legislation or any instrument made under Northern
Ireland legislation,
5

which is passed or made before the end of the Session in which this Act is
passed.
(4)
In subsection (3) “subordinate legislation” and “Northern Ireland legislation”
have the same meaning as in the Interpretation Act 1978 (c. 30).
(5)
The amendments that may be made by virtue of subsection (2)(a) are in
10
addition to those made by or under any other provision of this Act.
(6)
Nothing in this section limits the power under section 33(3) to include
transitional or saving provision in a commencement order.
31
Minor and consequential amendments, transitionals, and repeals
Schedules 3 (minor and consequential amendments), 4 (transitional and
15
transitory provisions and savings) and 5 (repeals) have effect.
32
Extent
(1)
Subject as follows, the preceding provisions of this Act extend to England and
Wales only.
(2)
Sections 28 and 30 extend also to Northern Ireland and Scotland.
20
(3)
Any amendment or repeal made by this Act has the same extent as the
provision to which it relates.
33
Commencement
(1)
The preceding provisions of this Act come into force on such day as the
Secretary of State may appoint by order made by statutory instrument.
25
(2)
Different provision may be made under this section for different purposes and
for different areas.
(3)
An order under this section may contain transitional provisions or savings
relating to the provisions being brought into force by the order.
34
Short title
30
This Act may be cited as the Offender Management Act 2007.