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131

 

House of Commons

 
 

Wednesday 28th February 2007

 

Report Stage Proceedings

 

Offender Management Bill


 

NEW CLAUSES AND AMENDMENTS RELATING TO POLYGRAPH CONDITIONS IN

 

LICENCES

 

Application of polygraph condition to certain licences

 

Secretary John Reid

 

Added  nc8

 

To move the following Clause:—

 

‘(1)    

The Secretary of State may include a polygraph condition in the licence of a

 

person to whom this section applies.

 

(2)    

This section applies to a person serving a relevant custodial sentence in respect of

 

a relevant sexual offence who—

 

(a)    

is released on licence by the Secretary of State under any enactment; and

 

(b)    

is not aged under 18 on the day on which he is released.

 

(3)    

In this section “relevant custodial sentence” means—

 

(a)    

a sentence of imprisonment for a term of twelve months or more

 

(including such a sentence imposed under section 227 of the Criminal

 

Justice Act 2003 (c. 44));

 

(b)    

a sentence of detention in a young offender institution for a term of

 

twelve months or more;

 

(c)    

a sentence of detention under section 90 of the Powers of Criminal Courts

 

(Sentencing) Act 2000 (c. 6);

 

(d)    

a sentence of detention under section 91 of the Powers of Criminal Courts

 

(Sentencing) Act 2000 (c. 6) for a period of twelve months or more;

 

(e)    

a sentence of custody for life under section 93 or 94 of the Powers of

 

Criminal Courts (Sentencing) Act 2000 (c. 6); or

 

(f)    

a sentence of detention under section 226 or 228 of the Criminal Justice

 

Act 2003 (c. 44).

 

(4)    

In this section “relevant sexual offence” means—

 

(a)    

an offence specified in Part 2 of Schedule 15 to the Criminal Justice Act

 

2003 (c. 44) (specified sexual offences);

 

(b)    

an offence specified in paragraphs 1 to 21 of Schedule 16 to that Act

 

(offences under the law of Scotland); or

 

(c)    

an offence specified in Part 2 of Schedule 17 to that Act (offences under

 

the law of Northern Ireland).


 
 

:                                             

132

 

, continued

 
 

(5)    

In section 250(4) of the Criminal Justice Act 2003 (c. 44) (licence conditions for

 

prisoners serving sentences of imprisonment of twelve months or more etc), in

 

paragraph (b)(i) after “Criminal Justice and Court Services Act 2000” there is

 

inserted “or section (Application of polygraph condition to certain licences) of

 

the Offender Management Act 2007.’.

 


 

Effect of polygraph condition

 

Secretary John Reid

 

Added  nc9

 

To move the following Clause:—

 

‘(1)    

For the purposes of section (Application of polygraph condition to certain

 

licences), a polygraph condition is a condition which requires the released

 

person—

 

(a)    

to participate in polygraph sessions conducted with a view to—

 

(i)    

monitoring his compliance with the other conditions of his

 

licence; or

 

(ii)    

improving the way in which he is managed during his release on

 

licence;

 

(b)    

to participate in those polygraph sessions at such times as may be

 

specified in instructions given by an appropriate officer; and

 

(c)    

while participating in a polygraph session, to comply with instructions

 

given to him by the person conducting the session (“the polygraph

 

operator”).

 

(2)    

A polygraph session is a session during which the polygraph operator—

 

(a)    

conducts one or more polygraph examinations of the released person; and

 

(b)    

interviews the released person in preparation for, or otherwise in

 

connection with, any such examination.

 

(3)    

For the purposes of subsection (2), a polygraph examination is a procedure in

 

which—

 

(a)    

the polygraph operator questions the released person;

 

(b)    

the questions and the released person’s answers are recorded; and

 

(c)    

physiological reactions of the released person while being questioned are

 

measured and recorded by means of equipment of a type approved by the

 

Secretary of State.

 

(4)    

In subsection (1)(b) “appropriate officer” means an officer of a provider of

 

probation services or an officer of a local probation board.

 

(5)    

An appropriate officer giving instructions as mentioned in subsection (1)(b) must

 

have regard to any guidance issued by the Secretary of State.

 

(6)    

The Secretary of State may make rules relating to the conduct of polygraph

 

sessions.

 

(7)    

The rules may, in particular—

 

(a)    

require polygraph operators to be persons who satisfy such requirements

 

as to qualifications, experience and other matters as are specified in the

 

rules;

 

(b)    

make provision about the keeping of records of polygraph sessions; and


 
 

:                                             

133

 

, continued

 
 

(c)    

make provision about the preparation of reports on the results of

 

polygraph sessions.’.

 


 

Use in criminal proceedings of evidence from polygraph sessions

 

Secretary John Reid

 

Added  nc10

 

To move the following Clause:—

 

‘(1)    

Evidence of any matter mentioned in subsection (2) may not be used in any

 

proceedings against a released person for an offence.

 

(2)    

The matters so excluded are—

 

(a)    

any statement made by the released person while participating in a

 

polygraph session; and

 

(b)    

any physiological reactions of the released person while being

 

questioned in the course of a polygraph examination.

 

(3)    

In this section “polygraph examination” and “polygraph session” have the same

 

meaning as in section (Application of polygraph condition to certain licences).’.

 


 

Secretary John Reid

 

Agreed to  15

 

Page  21,  line  34  [Clause  33],  at end insert—

 

‘(4)    

An order under this section bringing anything in sections (Application of

 

polygraph condition to certain licences) and (Effect of polygraph condition) into

 

force, other than an order which makes the provision permitted by subsection

 

(5)(a) or (6), may not be made unless a draft of the statutory instrument containing

 

the order has been laid before, and approved by a resolution of, each House of

 

Parliament.

 

(5)    

An order which brings those sections into force only in relation to a specified area

 

may—

 

(a)    

provide that they are to be in force in relation to that area only for a

 

specified period; and

 

(b)    

make transitional provisions or savings relating to those sections’ ceasing

 

to be in force at the end of the specified period.

 

(6)    

An order containing the provision permitted by subsection (5)(a) may be

 

amended by a subsequent order under this section so as to continue those sections

 

in force in relation to the area concerned for a further specified period.’.


 
 

:                                             

134

 

, continued

 
 

NEW CLAUSES RELATING TO PREPARATION OF PLANS BY PROBATION TRUSTS

 

Requirement for probation trusts to prepare plans

 

Mr Edward Garnier

 

James Brokenshire

 

Mr Crispin Blunt

 

Negatived  NC2

 

To move the following Clause:—

 

‘(1)    

Each probation trust shall provide a plan for the forthcoming financial year at

 

least four months before the commencement of that year.

 

(2)    

A plan submitted under subsection (1) shall set out for the trust—

 

(a)    

its anticipated probation services needs,

 

(b)    

from whom it proposes to commission services,

 

(c)    

the costs of those services.

 

(3)    

The Secretary of State may modify the plan.

 

(4)    

Any modifications made by the Secretary of State shall be made not later than one

 

month before the start of the financial year covered in the plan.’.

 


 

AMENDMENTS RELATING TO CONSULTATION ABOUT THE PROVISION OF PROBATION

 

SERVICES

 

Mr Elfyn Llwyd

 

Hywel Williams

 

Adam Price

 

Not called  4

 

Page  3,  line  8  [Clause  2],  at end insert—

 

‘(4A)    

In carrying out his duty under subsection (4) the Secretary of State shall consult

 

the Welsh Assembly Government regarding the provision of probation services

 

in Wales.’.

 

Mr Edward Garnier

 

James Brokenshire

 

Mr Crispin Blunt

 

Not called  9

 

Page  3,  line  15  [Clause  3],  after ‘considers’, insert ‘, following consultation with

 

the relevant probation trust,’.

 

Mr Elfyn Llwyd

 

Hywel Williams

 

Adam Price

 

Not called  5

 

Page  3,  line  35  [Clause  3],  at end insert—

 

‘(4A)    

Before making arrangements under subsection (4) the Secretary of State must

 

consult any probation trust or trusts providing probation services in the area to


 
 

:                                             

135

 

, continued

 
 

which the proposed arrangements would apply and such other persons as he

 

thinks appropriate.’.

 

AMENDMENT RELATING TO THE COMPOSITION OF PROBATION TRUSTS

 

Mr David Heath

 

Mark Hunter

 

Mr Nick Clegg

 

Not called  18

 

Page  22,  line  15  [Schedule  1],  at end insert—

 

‘(c)    

a magistrate for the area in which the probation trust carries out its

 

functions; and

 

(d)    

a local councillor for the area in which the probation trust carries out

 

its functions.’.

 

NEW CLAUSES AND AMENDMENTS RELATING TO restrictions on arrangements

 

for provision of probation services

 

Restriction on certain arrangements under section 3(2)

 

Secretary John Reid

 

Added  NC11

 

To move the following Clause:—

 

‘(1)    

Arrangements under section 3(2) relating to restricted probation provision may

 

only be made with a probation trust or other public body.

 

(2)    

In this section “restricted probation provision” means probation provision

 

which—

 

(a)    

is made for a purpose mentioned in section 2(1)(a) or (b); andgraphic

 

(b)    

relates to the giving of assistance to any court in determining the

 

appropriate sentence to pass, or making any other decision, in respect of

 

a person charged with or convicted of an offence.’.

 

As an amendment to Secretary John Reid’s proposed New Clause (NC11) (Restriction

 

on certain arrangements under section 3(2)):

 

Mr Neil Gerrard

 

Negatived on division  (a)

 

Parliamentary Star    

Line  2,  leave out from ‘trust’ to end of line 8 and insert—

 

‘(2)    

In this section “restricted probation provision” means probation provision

 

which—

 

(a)    

is made for one of the probation purposes set out in section 1(1)(a), (c)

 

and (f);

 

(b)    

is for the provision of assistance to the Parole Board;


 
 

:                                             

136

 

, continued

 
 

(c)    

is for the management of approved premises within the meaning of

 

section 9.’.

 


 

Power to repeal section (Restriction on certain arrangements under section 3(2))

 

Secretary John Reid

 

Added  NC12

 

To move the following Clause:—

 

‘(1)    

The Secretary of State may by order repeal section (Restriction on certain

 

arrangements under section 3(2)).

 

(2)    

The power under this section includes power to provide for that section to cease

 

to have effect for such purposes as may be specified in the order.’.

 


 

Conflict of interests

 

Mr Edward Garnier

 

James Brokenshire

 

Mr Crispin Blunt

 

Not called  NC3

 

To move the following Clause:—

 

‘No private provider of probation services may, without giving notice in writing

 

to the relevant sentencing court of any relevant financial or commercial interest,

 

recommend a sentence in which it has a commercial or financial interest.’.

 



 
 

:                                             

137

 

, continued

 
 

Mr Neil Gerrard

 

Mr John Grogan

 

Ms Katy Clark

 

Jon Trickett

 

Mark Hunter

 

Mark Williams

 

Nia Griffith

 

David Taylor

 

John McDonnell

 

Kate Hoey

 

Mr Dai Havard

 

Kelvin Hopkins

 

Mr David Drew

 

Dr Ian Gibson

 

Mr Elfyn Llwyd

 

Mr Paul Truswell

 

Alan Simpson

 

Mr George Mudie

 

Colin Burgon

 

Frank Cook

 

Mr Roger Godsiff

 

Mr Martin Caton

 

Mr Peter Kilfoyle

 

Mrs Linda Riordan

 

Jim Cousins

 

Martin Salter

 

Judy Mallaber

 

Lynne Jones

 

Mrs Gwyneth Dunwoody

 

Mr Austin Mitchell

 

Helen Goodman

 

Frank Dobson

 

Mike Wood

 

John Austin

 

Mr Chris Mullin

 

Mrs Janet Dean

 

Frank Cook

 

Michael Connarty

 

Paul Flynn

 

Mr Gordon Prentice

 

Dr Desmond Turner

 

Mr David Heath

 

Mark Hunter

 

Mr Nick Clegg

 

Jon Cruddas

 

Clive Efford

 

Bill Etherington

 

Mr Robert N. Wareing

 

Jeremy Corbyn

 

Patrick Hall

 

Mr Clive Betts

 

Mr Andrew Dismore

 

Joan Ruddock

 

Paul Flynn

 

Chris McCafferty

 

Mrs Ann Cryer

 

Not called  1

 

Page  1,  line  18  [Clause  1],  at end insert—

 

‘(1A)    

In this Part, “a core probation purpose” means the purpose of providing for—

 

(a)    

the probation purposes set out in subsections 1(a), (c) and (f);

 

(b)    

the provision of assistance to the Parole Board;

 

(c)    

the management of approved premises within the meaning of section 9.’.


 
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