House of Commons Public Bill Committee Proceedings

House of Commons

Session 2006 - 07
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Other Bills before Parliament

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).

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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

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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.’.

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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

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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); and

(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)


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;

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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.’.

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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.’.