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| Wednesday 28th February 2007 |
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| NEW CLAUSES AND AMENDMENTS RELATING TO POLYGRAPH CONDITIONS IN |
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| | Application of polygraph condition to certain licences |
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| To move the following Clause:— |
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| | ‘(1) | The Secretary of State may include a polygraph condition in the licence of a |
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| | person to whom this section applies. |
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| | (2) | This section applies to a person serving a relevant custodial sentence in respect of |
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| | a relevant sexual offence who— |
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| | (a) | is released on licence by the Secretary of State under any enactment; and |
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| | (b) | is not aged under 18 on the day on which he is released. |
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| | (3) | In this section “relevant custodial sentence” means— |
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| | (a) | a sentence of imprisonment for a term of twelve months or more |
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| | (including such a sentence imposed under section 227 of the Criminal |
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| | Justice Act 2003 (c. 44)); |
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| | (b) | a sentence of detention in a young offender institution for a term of |
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| | (c) | a sentence of detention under section 90 of the Powers of Criminal Courts |
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| | (Sentencing) Act 2000 (c. 6); |
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| | (d) | a sentence of detention under section 91 of the Powers of Criminal Courts |
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| | (Sentencing) Act 2000 (c. 6) for a period of twelve months or more; |
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| | (e) | a sentence of custody for life under section 93 or 94 of the Powers of |
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| | Criminal Courts (Sentencing) Act 2000 (c. 6); or |
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| | (f) | a sentence of detention under section 226 or 228 of the Criminal Justice |
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| | (4) | In this section “relevant sexual offence” means— |
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| | (a) | an offence specified in Part 2 of Schedule 15 to the Criminal Justice Act |
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| | 2003 (c. 44) (specified sexual offences); |
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| | (b) | an offence specified in paragraphs 1 to 21 of Schedule 16 to that Act |
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| | (offences under the law of Scotland); or |
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| | (c) | an offence specified in Part 2 of Schedule 17 to that Act (offences under |
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| | the law of Northern Ireland). |
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| | (5) | In section 250(4) of the Criminal Justice Act 2003 (c. 44) (licence conditions for |
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| | prisoners serving sentences of imprisonment of twelve months or more etc), in |
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| | paragraph (b)(i) after “Criminal Justice and Court Services Act 2000” there is |
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| | inserted “or section (Application of polygraph condition to certain licences) of |
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| | the Offender Management Act 2007.’. |
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| | Effect of polygraph condition |
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| To move the following Clause:— |
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| | ‘(1) | For the purposes of section (Application of polygraph condition to certain |
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| | licences), a polygraph condition is a condition which requires the released |
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| | (a) | to participate in polygraph sessions conducted with a view to— |
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| | (i) | monitoring his compliance with the other conditions of his |
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| | (ii) | improving the way in which he is managed during his release on |
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| | (b) | to participate in those polygraph sessions at such times as may be |
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| | specified in instructions given by an appropriate officer; and |
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| | (c) | while participating in a polygraph session, to comply with instructions |
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| | given to him by the person conducting the session (“the polygraph |
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| | (2) | A polygraph session is a session during which the polygraph operator— |
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| | (a) | conducts one or more polygraph examinations of the released person; and |
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| | (b) | interviews the released person in preparation for, or otherwise in |
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| | connection with, any such examination. |
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| | (3) | For the purposes of subsection (2), a polygraph examination is a procedure in |
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| | (a) | the polygraph operator questions the released person; |
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| | (b) | the questions and the released person’s answers are recorded; and |
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| | (c) | physiological reactions of the released person while being questioned are |
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| | measured and recorded by means of equipment of a type approved by the |
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| | (4) | In subsection (1)(b) “appropriate officer” means an officer of a provider of |
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| | probation services or an officer of a local probation board. |
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| | (5) | An appropriate officer giving instructions as mentioned in subsection (1)(b) must |
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| | have regard to any guidance issued by the Secretary of State. |
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| | (6) | The Secretary of State may make rules relating to the conduct of polygraph |
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| | (7) | The rules may, in particular— |
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| | (a) | require polygraph operators to be persons who satisfy such requirements |
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| | as to qualifications, experience and other matters as are specified in the |
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| | (b) | make provision about the keeping of records of polygraph sessions; and |
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| | (c) | make provision about the preparation of reports on the results of |
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| | Use in criminal proceedings of evidence from polygraph sessions |
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| To move the following Clause:— |
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| | ‘(1) | Evidence of any matter mentioned in subsection (2) may not be used in any |
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| | proceedings against a released person for an offence. |
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| | (2) | The matters so excluded are— |
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| | (a) | any statement made by the released person while participating in a |
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| | (b) | any physiological reactions of the released person while being |
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| | questioned in the course of a polygraph examination. |
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| | (3) | In this section “polygraph examination” and “polygraph session” have the same |
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| | meaning as in section (Application of polygraph condition to certain licences).’. |
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| Page 21, line 34 [Clause 33], at end insert— |
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| | ‘(4) | An order under this section bringing anything in sections (Application of |
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| | polygraph condition to certain licences) and (Effect of polygraph condition) into |
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| | force, other than an order which makes the provision permitted by subsection |
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| | (5)(a) or (6), may not be made unless a draft of the statutory instrument containing |
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| | the order has been laid before, and approved by a resolution of, each House of |
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| | (5) | An order which brings those sections into force only in relation to a specified area |
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| | (a) | provide that they are to be in force in relation to that area only for a |
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| | (b) | make transitional provisions or savings relating to those sections’ ceasing |
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| | to be in force at the end of the specified period. |
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| | (6) | An order containing the provision permitted by subsection (5)(a) may be |
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| | amended by a subsequent order under this section so as to continue those sections |
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| | in force in relation to the area concerned for a further specified period.’. |
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| NEW CLAUSES RELATING TO PREPARATION OF PLANS BY PROBATION TRUSTS |
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| | Requirement for probation trusts to prepare plans |
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| To move the following Clause:— |
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| | ‘(1) | Each probation trust shall provide a plan for the forthcoming financial year at |
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| | least four months before the commencement of that year. |
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| | (2) | A plan submitted under subsection (1) shall set out for the trust— |
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| | (a) | its anticipated probation services needs, |
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| | (b) | from whom it proposes to commission services, |
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| | (c) | the costs of those services. |
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| | (3) | The Secretary of State may modify the plan. |
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| | (4) | Any modifications made by the Secretary of State shall be made not later than one |
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| | month before the start of the financial year covered in the plan.’. |
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| AMENDMENTS RELATING TO CONSULTATION ABOUT THE PROVISION OF PROBATION |
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| Page 3, line 8 [Clause 2], at end insert— |
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| | ‘(4A) | In carrying out his duty under subsection (4) the Secretary of State shall consult |
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| | the Welsh Assembly Government regarding the provision of probation services |
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| Page 3, line 15 [Clause 3], after ‘considers’, insert ‘, following consultation with |
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| the relevant probation trust,’. |
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| Page 3, line 35 [Clause 3], at end insert— |
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| | ‘(4A) | Before making arrangements under subsection (4) the Secretary of State must |
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| | consult any probation trust or trusts providing probation services in the area to |
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| | which the proposed arrangements would apply and such other persons as he |
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| AMENDMENT RELATING TO THE COMPOSITION OF PROBATION TRUSTS |
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| Page 22, line 15 [Schedule 1], at end insert— |
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| | ‘(c) | a magistrate for the area in which the probation trust carries out its |
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| | (d) | a local councillor for the area in which the probation trust carries out |
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| NEW CLAUSES AND AMENDMENTS RELATING TO restrictions on arrangements |
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| for provision of probation services |
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| | Restriction on certain arrangements under section 3(2) |
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| To move the following Clause:— |
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| | ‘(1) | Arrangements under section 3(2) relating to restricted probation provision may |
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| | only be made with a probation trust or other public body. |
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| | (2) | In this section “restricted probation provision” means probation provision |
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| | (a) | is made for a purpose mentioned in section 2(1)(a) or (b); and |
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| | (b) | relates to the giving of assistance to any court in determining the |
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| | appropriate sentence to pass, or making any other decision, in respect of |
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| | a person charged with or convicted of an offence.’. |
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| | As an amendment to Secretary John Reid’s proposed New Clause (NC11) (Restriction |
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| | on certain arrangements under section 3(2)): |
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| | Negatived on division (a) |
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| Line 2, leave out from ‘trust’ to end of line 8 and insert— |
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| | ‘(2) | In this section “restricted probation provision” means probation provision |
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| | (a) | is made for one of the probation purposes set out in section 1(1)(a), (c) |
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| | (b) | is for the provision of assistance to the Parole Board; |
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| | (c) | is for the management of approved premises within the meaning of |
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| | Power to repeal section (Restriction on certain arrangements under section 3(2)) |
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| To move the following Clause:— |
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| | ‘(1) | The Secretary of State may by order repeal section (Restriction on certain |
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| | arrangements under section 3(2)). |
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| | (2) | The power under this section includes power to provide for that section to cease |
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| | to have effect for such purposes as may be specified in the order.’. |
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| To move the following Clause:— |
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| | ‘No private provider of probation services may, without giving notice in writing |
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| | to the relevant sentencing court of any relevant financial or commercial interest, |
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| | recommend a sentence in which it has a commercial or financial interest.’. |
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