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
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Miscellaneous
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Officers of providers of probation services
(1)
In this Part “officer of a provider of probation services” means an individual
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
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relevant provider”).
(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.
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(3)
If the relevant provider is the Secretary of State, subsection (2) has effect with
the omission of paragraph (b).
(4)
The reference in subsection (1) to the functions of an officer of a particular
provider of probation services means—
(a)
any functions conferred by an enactment (whenever passed or made)
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which are exercisable by an officer of that provider; and
(b)
anything which is required or authorised (by virtue of arrangements
made under section 3) to be done by an officer of that provider.
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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
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constituted under section 4 of the Criminal Justice and Court Services Act 2000
(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
(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
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England and Wales”.
(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)
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there is substituted “Probation”.
(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
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of probation services)”; and
(b)
in subsection (6), after “section 1” there is inserted “of the Offender
Management Act 2007”.

Offender Management Bill
Part 1 — New arrangements for the provision of probation services
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Approved premises
(1)
The Secretary of State may approve premises in which accommodation is
provided—
(a)
for persons granted bail in criminal proceedings (within the meaning of
the Bail Act 1976 (c. 63)); or
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(b)
for, or in connection with, the supervision or rehabilitation of persons
convicted of offences;

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
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and inspection of approved premises.
(3)
The Secretary of State may make payments to any person in connection with —
(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
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becoming approved premises,

to any person who incurs expenditure on the activities in question.
(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
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powers of the Secretary of State under sections 2 to 5.
(6)
References in any Act or subordinate legislation (within the meaning of the
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)
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(activities not liable to control under the Act), after paragraph (l) there is
inserted—
“(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).”
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Disclosure for offender management purposes
(1)
This section applies to—
(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
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(d)
a person carrying out activities in pursuance of arrangements made by
a provider of probation services as mentioned in section 3(3)(c).
(2)
In this section “listed person” means—
(a)
a government department;
(b)
the Youth Justice Board for England and Wales;
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(c)
the Parole Board for England and Wales;
(d)
a relevant contractor;
(e)
a chief officer of police;
(f)
a person who is responsible for securing the electronic monitoring of an
individual; and
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Offender Management Bill
Part 1 — New arrangements for the provision of probation services
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(g)
any other person specified or described in regulations made by the
Secretary of State.
(3)
Information may be disclosed—
(a)
by a person to whom this section applies—
(i)
to another person to whom this section applies, or
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(ii)
to a listed person, or
(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—
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(a)
the probation purposes;
(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
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(c)
any other purposes connected with the management of offenders
(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—
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(i)
young offender institutions or persons detained in such
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
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performance of a contract mentioned in subsection (8).
(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
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provision contained in an enactment (whenever passed or made) which
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
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under this section.
(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
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Criminal Justice Act 1991 (c. 53);
(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
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(b)
a person who has entered into a contract with the Secretary of State—

Offender Management Bill
Part 2 — Prisons
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(i)
under section 80 of the Criminal Justice Act 1991 (c. 53) 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 (c. 33) for the purposes of escort
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arrangements for offenders detained at secure training centres
(see paragraph 1(3) of that Schedule).
(9)
In this section “enactment” includes any subordinate legislation (within the
meaning of the Interpretation Act 1978 (c. 30).
Part 2
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Prisons
Contracted out prisons and secure training centres
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Power of search in contracted out prisons and secure training centres
(1)
In section 86 of the Criminal Justice Act 1991 (powers and duties of prisoner
custody officers in contracted out prisons)—
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(a)
in subsection (1)(b), after “search” there is inserted “in accordance with
prison rules”; and
(b)
in subsection (2), for the words from “remove” to the end there is
substituted “submit to an intimate search (within the meaning of
section 164(5) of the Customs and Excise Management Act 1979).”.
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(2)
In section 9 of the Criminal Justice and Public Order Act 1994 (powers and
duties of custody officers in contracted out secure training centres)—
(a)
in subsection (1)(b), after “search” there is inserted “in accordance with
secure training centre rules”; and
(b)
in subsection (2), for the words from “remove” to the end there is
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substituted “submit to an intimate search (within the meaning of
section 164(5) of the Customs and Excise Management Act 1979).”.
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Power of detention in contracted out prisons and secure training centres
(1)
After section 86 of the Criminal Justice Act 1991 there is inserted—
“86A
Power of prisoner custody officers to detain suspected offenders
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(1)
A prisoner custody officer performing custodial duties at a contracted
out prison shall have the following powers in relation to any person
who is in or is seeking to enter the prison (other than a prisoner
confined in the prison).
(2)
Where the officer has reason to believe that the person is committing or
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has committed an offence under any of sections 39 to 40D of the Prison
Act 1952, the officer may—
(a)
require the person to wait with him for the arrival of a constable
for such period as may be necessary (not exceeding two hours);
and
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(b)
use reasonable force to prevent the person from making off
while subject to a requirement under paragraph (a).

Offender Management Bill
Part 2 — Prisons
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(3)
A person who makes off while subject to such a requirement is guilty
of an offence and liable, on summary conviction, to a fine not exceeding
level 3 on the standard scale.
(4)
In subsection (2), a reference to an offence under a particular provision
includes a reference to any offence consisting of an attempt to commit,
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incitement or conspiracy to commit, or aiding, abetting, counselling or
procuring the commission of, an offence under that provision.”
(2)
In section 88A(2) of that Act (contracted out functions at a directly managed
prison)—
(a)
for “Section 86” there is substituted “Sections 86 and 86A”; and
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(b)
for “it applies” there is substituted “they apply”.
(3)
After section 9 of the Criminal Justice and Public Order Act 1994 (c. 33) there is
inserted—
“9A
Power of custody officers to detain suspected offenders
(1)
A custody officer performing custodial duties at a contracted out secure
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training centre shall have the following powers in relation to any
person who is in or is seeking to enter the centre (other than a person
detained in the centre).
(2)
Where the officer has reason to believe that the person is committing or
has committed an offence under any of sections 39 to 40D of the Prison
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Act 1952, the officer may—
(a)
require the person to wait with him for the arrival of a constable
for such period as may be necessary (not exceeding two hours);
and
(b)
use reasonable force to prevent the person from making off
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while subject to a requirement under paragraph (a).
(3)
A person who makes off while subject to such a requirement is guilty
of an offence and liable, on summary conviction, to a fine not exceeding
level 3 on the standard scale.
(4)
In subsection (2), a reference to an offence under a particular provision
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includes a reference to any offence consisting of an attempt to commit,
incitement or conspiracy to commit, or aiding, abetting, counselling or
procuring the commission of, an offence under that provision.”
(4)
In section 11(2) of that Act (contracted out functions at directly managed secure
training centres)—
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(a)
for “Section 9” there is substituted “Sections 9 and 9A”; and
(b)
for “it applies” there is substituted “they apply”.
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Powers of authorised persons to perform custodial duties and search
prisoners
(1)
The Criminal Justice Act 1991 (c. 53) is amended as follows.
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(2)
After section 86A (inserted by section 12 above) there is inserted—
“86B
Powers of authorised persons to perform custodial duties
(1)
In this section—

Offender Management Bill
Part 2 — Prisons
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“restricted activity” means an activity which is (apart from this
section) required by section 85(1) to be carried out by an officer
of a contracted-out prison who is—
(a)
a prisoner custody officer authorised to perform
custodial duties; or
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(b)
a prison officer temporarily attached to the prison; and
“worker”, in relation to a contracted out prison, means a person
who works at the prison, other than an officer mentioned above.
(2)
The Secretary of State may by order specify descriptions of restricted
activity that may be the subject of authorisations under subsection (3)
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given to workers at a contracted-out prison.
(3)
A worker at a contracted-out prison may carry out any activity of a
description specified under subsection (2), but only if and to the extent
that he is for the time being authorised to do so by the director of the
prison.
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(4)
The director may give such authorisation—
(a)
in general or specific terms, subject to any limitations or
conditions he considers appropriate; and
(b)
to one or more particular workers or to any worker who is (or
comes to be) within a specified description of workers at the
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prison.
(5)
Nothing in an order or authorisation under this section is to be taken as
authorising the use of force.
(6)
An order under this section shall be made by statutory instrument
which shall be subject to annulment in pursuance of a resolution of
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either House of Parliament.”
(3)
In section 85(1) (officers of contracted out prisons), after “shall”, in the words
following paragraph (b), there is inserted “(subject to section 86B)”.
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Powers of director of a contracted out prison
Section 85(3) of the Criminal Justice Act 1991 (c. 53) (director of a contracted out
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prison not to exercise certain adjudication powers or order removal etc of
prisoner) shall cease to have effect.
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Amendment of section 87 of the Criminal Justice Act 1991
(1)
Section 87 of the Criminal Justice Act 1991 (modification of Prison Act 1952 in
its application to a contracted out prison) is amended as follows.
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(2)
For subsection (3) there is substituted—
“(3)
Section 8 (powers of prison officers) shall not apply (but this does not
affect the powers of a prison officer who is temporarily attached to the
prison).”
(3)
In subsection (4), after “sections” there is inserted “8A(3), (4) and (5)”.
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