Offender Management Bill

House of Lords

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Offender Management Bill

Offender Management Bill
Part 2 — Prisons
12

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Conveyance of prohibited articles into or out of prison
(1)
For section 40 of the Prison Act 1952 (c. 52) there is substituted—
“40A
Sections 40B and 40C: classification of articles
(1)
This section defines the categories of articles which are referred to in
sections 40B and 40C.
5
(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
Drugs Act 1971);
(b)
an explosive;
10
(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
Police and Criminal Evidence Act 1984).
(3)
A List B article is any article or substance in the following list (“List
15
B”)—
(a)
alcohol (as defined for the purposes of the Licensing Act 2003);
(b)
a mobile telephone;
(c)
a camera;
(d)
a sound-recording device.
20
(4)
In List B—
“camera” includes any device by means of which a photograph (as
defined in section 40E) can be produced;
“sound-recording device” includes any device by means of which
a sound-recording (as defined in section 40E) can be made.
25
(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;
30
(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
35
(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,
40
(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.

Offender Management Bill
Part 2 — Prisons
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(2)
In this section “authorisation” means authorisation given for the
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
5
the governor or director of the prison.
(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;
10
(b)
in relation to specified acts or acts of a specified description; or
(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
15
being given.
(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
20
on indictment to imprisonment for a term not exceeding ten years or to
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
25
of a prison,
(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
30
(d)
knowing a person to be a prisoner, gives a List B article to him,

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,
35
(b)
causes another person to bring, throw or otherwise convey a
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,
40
(d)
causes another person to bring, throw or otherwise convey a
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,
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is guilty of an offence.

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Part 2 — Prisons
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(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
5
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
10
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
15
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.”
20
(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—
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“(2A)
A statutory instrument containing an order under section
40A(6) which relates to List A (whether or not it also relates to
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
30
40A(6) which relates only to List B is subject to annulment in
pursuance of a resolution of either House of Parliament.”
20
Other offences relating to prison security
(1)
After section 40C of the Prison Act 1952 (as substituted for section 40 of that Act
by section 19 above), there is inserted—
35
“40D
Other offences relating to prison security
(1)
A person who, without authorisation—
(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
40
from inside a prison by electronic communications for
simultaneous reception outside the prison,

is guilty of an offence.
(2)
It is immaterial for the purposes of subsection (1)(a) where the
recording medium is located.
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Offender Management Bill
Part 2 — Prisons
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(3)
A person who, without authorisation—
(a)
brings or otherwise conveys a restricted document out of a
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
5
any information derived from a restricted document) from
inside a prison by means of electronic communications,

is guilty of an offence.
(4)
In proceedings for an offence under this section it is a defence for the
accused to show that—
10
(a)
he reasonably believed that he had authorisation to do the act in
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 this section is liable—
15
(a)
on conviction on indictment, to imprisonment for a term not
exceeding two years or to a fine (or both); or
(b)
on summary conviction, to imprisonment for a term not
exceeding 12 months or to a fine not exceeding the statutory
maximum (or both).
20
40E
Section 40D: meaning of “authorisation” and other interpretation
(1)
In section 40D (and the following provisions of this section)
“authorisation” means authorisation given for the purposes of that
section—
(a)
in relation to all prisons or prisons of a specified description, by
25
prison rules or by the Secretary of State;
(b)
in relation to a particular prison—
(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
30
the governor or director to grant authorisation on his
behalf.
(2)
Authorisation may be given—
(a)
to persons generally or to specified persons or persons of a
specified description; and
35
(b)
on such terms as may be specified.

In this subsection “specified” means specified in the authorisation.
(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
40
of)—
(a)
a photograph taken inside the prison;
(b)
a sound-recording made inside the prison;
(c)
a personal record (or a document containing information
derived from a personal record);
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(d)
any other document which contains—

Offender Management Bill
Part 2 — Prisons
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(i)
information relating to an identified or identifiable
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
5
prison or its operation, if the disclosure of that
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
10
rules to be prepared and maintained in relation to any prisoner
(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—
15
(a)
a prisoner or a person working at the prison; or
(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);
20
“electronic communications” has the same meaning as in the
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
25
“sound-recording” means a recording of sounds on any medium
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.
(3)
In section 42 (display of notice of penalties) for “the three last preceding
30
sections” there is substituted “sections 39 to 40D”.
21
Offences under sections 19 and 20: extension of Crown immunity
After section 40E of the Prison Act 1952 (as inserted by section 19 above) there
is inserted—
“40F
Offences under sections 40B, 40C or 40D: extension of Crown
35
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
(c)
has been designated by the Secretary of State for the purposes
40
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—
(a)
in relation to persons specified in the designation or persons of
45
a description so specified; and

Offender Management Bill
Part 3 — Other provisions about the management of offenders
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(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
22
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
5
section 7(1) of the Prison Act 1952 (c. 52) 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
and conditions for the prison service), for paragraph (a) there is substituted—
“(a)
hold any post, other than as chaplain or assistant chaplain, to
10
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
a medical officer, to which they have been appointed for the
purposes of section 2(2) of the Prison Act (Northern Ireland)
15
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
have effect.
23
Amendment of section 8A of the Prison Act 1952
20
(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”.
(3)
In subsections (1) and (2), for “employee” there is substituted “person”.
(4)
In subsection (3)—
25
(a)
for “authorised employee” there is substituted “authorised person”;
and
(b)
for “an employee” there is substituted “a person working at the
prison,”.
Part 3
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Other provisions about the management of offenders
Polygraph conditions for certain offenders released on licence
24
Application of polygraph condition
(1)
The Secretary of State may include a polygraph condition in the licence of a
person to whom this section applies.
35
(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

Offender Management Bill
Part 3 — Other provisions about the management of offenders
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(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));
5
(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
10
Courts (Sentencing) Act 2000 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; or
(f)
a sentence of detention under section 226 or 228 of the Criminal Justice
Act 2003.
15
(4)
In this section “relevant sexual offence” means—
(a)
an offence specified in Part 2 of Schedule 15 to the Criminal Justice Act
2003 (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
20
(c)
an offence specified in Part 2 of Schedule 17 to that Act (offences under
the law of Northern Ireland).
(5)
In section 250(4) of the Criminal Justice Act 2003 (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
25
inserted “or section 24 of the Offender Management Act 2007.
25
Effect of polygraph condition
(1)
For the purposes of section 24, a polygraph condition is a condition which
requires the released person—
(a)
to participate in polygraph sessions conducted with a view to—
30
(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
35
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—
40
(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
45
which—
(a)
the polygraph operator questions the released person;