Offender Management Bill

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Offender Management Bill

Offender Management Bill
Part 2 — Prisons
11

Offences relating to prison security
16
Assisting a prisoner to escape
For section 39 of the Prison Act 1952 (c. 52) there is substituted—
“39
Assisting a prisoner to escape
(1)
A person who—
5
(a)
assists a prisoner in escaping or attempting to escape from a
prison, or
(b)
intending to facilitate the escape of a prisoner—
(i)
brings, throws or otherwise conveys anything into a
prison,
10
(ii)
causes another person to bring, throw or otherwise
convey anything into a prison, or
(iii)
gives anything to a prisoner or leaves anything in any
place (whether inside or outside a prison),

is guilty of an offence.
15
(2)
A person guilty of an offence under this section is liable on conviction
on indictment to imprisonment for a term not exceeding ten years.”
17
Conveyance of prohibited articles into or out of prison
(1)
For section 40 of the Prison Act 1952 there is substituted—
“40A
Sections 40B and 40C: classification of articles
20
(1)
This section defines the categories of articles which are referred to in
sections 40B and 40C.
(2)
A List A article is any article or substance in the following list (“List
A”)—
(a)
a controlled drug (as defined for the purposes of the Misuse of
25
Drugs Act 1971);
(b)
an explosive;
(c)
any firearm or ammunition (as defined in section 57 of the
Firearms Act 1968);
(d)
any other offensive weapon (as defined in section 1(9) of the
30
Police and Criminal Evidence Act 1984).
(3)
A List B article is any article or substance in the following list (“List
B”)—
(a)
alcohol (as defined for the purposes of the Licensing Act 2003);
(b)
a mobile telephone;
35
(c)
a camera;
(d)
a sound-recording device.
(4)
In List B—
“camera” includes any device by means of which a photograph (as
defined in section 40E) can be produced;
40
“sound-recording device” includes any device by means of which
a sound-recording (as defined in section 40E) can be made.

Offender Management Bill
Part 2 — Prisons
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(5)
A List C article is any article or substance prescribed for the purposes
of this subsection by prison rules.
(6)
The Secretary of State may by order amend this section for the purpose
of—
(a)
adding an entry to List A or List B;
5
(b)
repealing or modifying any entry for the time being included in
List A or List B;
(c)
adding, repealing or modifying any provision for the
interpretation of any such entry.
40B
Conveyance etc. of List A articles into or out of prison
10
(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
List A article into or out of a prison,
15
(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.
(2)
In this section “authorisation” means authorisation given for the
20
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
the governor or director of the prison.
25
(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;
(b)
in relation to specified acts or acts of a specified description; or
30
(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
being given.
35
(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
on indictment to imprisonment for a term not exceeding ten years or to
40
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
of a prison,
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Offender Management Bill
Part 2 — Prisons
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(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
(d)
knowing a person to be a prisoner, gives a List B article to him,
5

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,
(b)
causes another person to bring, throw or otherwise convey a
10
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,
(d)
causes another person to bring, throw or otherwise convey a
15
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,

is guilty of an offence.
20
(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—
(a)
he reasonably believed that he had authorisation to do the act in
25
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—
(a)
on conviction on indictment, to imprisonment for a term not
30
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).
(6)
A person guilty of an offence under subsection (2) is liable on summary
35
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
given for the purposes of section 40D.”
40
(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
(b)
after subsection (2) there is inserted—
45
“(2A)
A statutory instrument containing an order under section
40A(6) which relates to List A (whether or not it also relates to

Offender Management Bill
Part 2 — Prisons
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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.
(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.”
5
18
Other offences relating to prison security
(1)
After section 40C of the Prison Act 1952 (c. 52) (as substituted for section 40 of
that Act by section 17 above), there is inserted—
“40D
Other offences relating to prison security
(1)
A person who, without authorisation—
10
(a)
takes a photograph, or makes a sound-recording, inside a
prison, or
(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,
15

is guilty of an offence.
(2)
It is immaterial for the purposes of subsection (1)(a) where the
recording medium is located.
(3)
A person who, without authorisation—
(a)
brings or otherwise conveys a restricted document out of a
20
prison or causes such a document to be brought or conveyed
out of a prison, or
(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,
25

is guilty of an offence.
(4)
In proceedings for an offence under this section it is a defence for the
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
30
(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 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
35
(b)
on summary conviction, to imprisonment for a term not
exceeding 12 months or to a fine not exceeding the statutory
maximum (or both).
40E
Section 40D: meaning of “authorisation” and other interpretation
(1)
In section 40D (and the following provisions of this section)
40
“authorisation” means authorisation given for the purposes of that
section—
(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—
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Offender Management Bill
Part 2 — Prisons
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(i)
by the Secretary of State;
(ii)
by the governor or director of the prison;
(iii)
by a person working at the prison who is authorised by
the governor or director to grant authorisation on his
behalf.
5
(2)
Authorisation may be given—
(a)
to persons generally or to specified persons or persons of a
specified description; and
(b)
on such terms as may be specified.

In this subsection “specified” means specified in the authorisation.
10
(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
of)—
(a)
a photograph taken inside the prison;
15
(b)
a sound-recording made inside the prison;
(c)
a personal record (or a document containing information
derived from a personal record);
(d)
any other document which contains—
(i)
information relating to an identified or identifiable
20
relevant individual, if the disclosure of that information
would or might prejudicially affect the interests of that
individual; or
(ii)
information relating to any matter connected with the
prison or its operation, if the disclosure of that
25
information would or might prejudicially affect the
security or operation of the prison.
(5)
In subsection (4)—
“personal record” means any record which is required by prison
rules to be prepared and maintained in relation to any prisoner
30
(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
time been—
(a)
a prisoner or a person working at the prison; or
35
(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
whatever means);
“electronic communications” has the same meaning as in the
40
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
image) may by any means be produced; and
“sound-recording” means a recording of sounds on any medium
45
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.

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Part 2 — Prisons
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(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 (c. 52) (as inserted by section 17 above)
there is inserted—
5
“40F
Offences under sections 40B, 40C or 40D: extension of Crown
immunity
(1)
An individual who—
(a)
works at a prison;
(b)
does not do that work as a servant or agent of the Crown; and
10
(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.
(2)
A designation for the purposes of this section may be given—
15
(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.”
Other amendments of the Prison Act 1952
20
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 for each prison (and, accordingly, in section
7(1) the words “and a medical officer” are omitted).
(2)
In section 128(5) of the Criminal Justice and Public Order Act 1994 (c. 33) (pay
25
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;
(aa)
hold any post, other than as chaplain or assistant chaplain or as
30
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
medical officer in relation to certain prisoners) of the Prison Act 1952 cease to
35
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.
(2)
In the side note, for “employees” there is substituted “persons”.
40
(3)
In subsections (1) and (2), for “employee” there is substituted “person”.

Offender Management Bill
Part 3 — Other provisions about the management of offenders
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(4)
In subsection (3)—
(a)
for “authorised employee” there is substituted “authorised person”;
and
(b)
for “an employee” there is substituted “a person working at the
prison,”.
5
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
10
“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.
15
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
20
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—
25
“(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—
30
(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
35
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
40
time during the period of one month ending with”, and