Offender Management Bill

House of Lords

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Offender Management Bill

Offender Management Bill
Part 3 — Other provisions about the management of offenders
19

(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
5
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.
10
(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;
15
and
(c)
make provision about the preparation of reports on the results of
polygraph sessions.
26
Use in criminal proceedings of evidence from polygraph sessions
(1)
Evidence of any matter mentioned in subsection (2) may not be used in any
20
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
25
questioned in the course of a polygraph examination.
(3)
In this section “polygraph examination” and “polygraph session” have the
same meaning as in section 24.
Accreditation of programmes
27
Accreditation of programmes for purposes of programme requirements
30
(1)
In section 202 of the Criminal Justice Act 2003 (programme requirements)—
(a)
in subsection (2), for “accreditation body” there is substituted
“Secretary of State for the purposes of this section”; and
(b)
subsection (3)(b) is omitted.
(2)
Any programme which immediately before the commencement of this section
35
is accredited for the purposes of section 202 is to be treated as a programme
accredited by the Secretary of State.

Offender Management Bill
Part 3 — Other provisions about the management of offenders
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Young Offenders
28
Functions of Youth Justice Board
(1)
Section 41 of the Crime and Disorder Act 1998 (c. 37) (the Youth Justice Board)
is amended as follows.
(2)
In subsection (5), after paragraph (j) there is inserted—
5
“(ja)
at the request of the Secretary of State, to assist him in carrying
out his functions in relation to the release of offenders detained
in accommodation which is youth detention accommodation,
within the meaning given by section 107(1) of the Powers of
Criminal Courts (Sentencing) Act 2000;”.
10
(3)
After subsection (6) there is inserted—
“(6A)
The power of the Secretary of State under subsection (6)(b) includes
power—
(a)
to provide that, in relation to any function of his that is
exercisable in respect of particular cases, the function is to be
15
exercisable by the Board only—
(i)
where it proposes to exercise the function in a particular
manner, or
(ii)
in respect of a class of case specified in the order, and
(b)
to make any supplementary, incidental or consequential
20
provision (including provision for any enactment to apply
subject to modifications).”
29
Detention and training orders: early release
(1)
In section 102(4) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
(early release from period of detention)—
25
(a)
in paragraph (a), for “one month before” there is substituted “at any
time during the period of one month ending with”, and
(b)
in paragraph (b), for “one month or two months before” there is
substituted “at any time during the period of two months ending with”.
(2)
The amendments made by subsection (1) apply in relation to an offender
30
detained under a detention and training order which comes into force before
this section comes into force as they apply in relation to an offender detained
under a detention and training order which comes into force after this section.
30
Accommodation in which period of detention and training to be served
(1)
The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.
35
(2)
In section 102 (the period of detention and training under a detention and
training order)—
(a)
in subsection (1)—
(i)
for “secure” there is substituted “youth detention”, and
(ii)
the words “or by such other person as may be authorised by
40
him for that purpose” are omitted, and

Offender Management Bill
Part 3 — Other provisions about the management of offenders
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(b)
after that subsection, there is inserted—
“(1A)
Subsection (1) is subject to section 105A (direction that the
detention be in a prison).”
(3)
In section 104 (breach of supervision requirements)—
(a)
in subsection (3)(a) for “secure” there is substituted “youth detention”,
5
and
(b)
after subsection (3), there is inserted—
“(3A)
Subsection (3)(a) is subject to section 105A (direction that the
detention be in a prison).”
(4)
In section 105 (offences during currency of order)—
10
(a)
in each of subsections (2) and (3), for “secure” there is substituted
“youth detention”, and
(b)
after subsection (2) there is inserted—
“(2A)
Subsection (2) is subject to section 105A (direction that the
detention be in a prison).”
15
(5)
After section 105, there is inserted—
“105A
Direction that offender be detained in a prison
Where—
(a)
a person is sentenced to be detained by virtue of a detention and
training order or is ordered to be detained under section
20
104(3)(a) or 105(2) above, and
(b)
he has attained the age of 18,
the Secretary of State may direct that such detention be in a prison.”
(6)
In the heading to section 107 (meaning of “secure accommodation” and
references to terms) for “secure” there is substituted “youth detention”.
25
(7)
In section 107(1)—
(a)
for ““secure accommodation”” there is substituted ““youth detention
accommodation””,
(b)
in paragraph (c), after “by” there is inserted “or on behalf of”, and
(c)
for paragraph (e) there is substituted—
30
“(e)
such other accommodation or descriptions of
accommodation as the Secretary of State may by order
specify.”
(8)
In section 160 (rules and orders)—
(a)
in subsection (2)(b), after “68,” there is inserted “107(1)(e)”, and
35
(b)
in subsection (5)(a), for “or 40C(2)” there is substituted “, 40C(2) or
107(1)(e)”.
31
Conversion of sentence of detention to sentence of imprisonment
In section 99 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
(conversion of sentence of detention to sentence of imprisonment), for
40
subsection (1) there is substituted—
“(1)
Subject to the following provisions of this section, where—

Offender Management Bill
Part 4 — Supplemental
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(a)
an offender has been sentenced by a relevant sentence of
detention to a term of detention, and
(b)
he has attained the age of 18,

the Secretary of State may direct that the offender shall be treated as if
he had been sentenced to imprisonment for the same term.
5
(1A)
Subsection (1) is without prejudice to any power of the Secretary of
State under section 92 above or section 235 of the Criminal Justice Act
2003 to direct or determine that the offender be detained in a prison.”
32
Escort arrangements
(1)
Schedule 1 to the Criminal Justice and Public Order Act 1994 (c. 33) (escort
10
arrangements: England and Wales) is amended as follows.
(2)
In the heading to paragraph 1, for “offenders detained at secure training
centres” substitute “persons detained in youth detention accommodation”.
(3)
In paragraph 1 (arrangements for the escort of offenders detained at secure
training centres)—
15
(a)
in sub-paragraph (1), for “offenders” in paragraphs (a) and (b) there is
substituted “detained persons” and for paragraphs (c) and (d) there is
substituted—
“(c)
the custody of detained persons temporarily held in
youth detention accommodation in the course of
20
delivery from one such place of accommodation to
another; and
(d)
the custody of detained persons while they are outside a
place of youth detention accommodation for temporary
purposes,”, and
25
(b)
in sub-paragraph (2), for “a court, secure training centre” there is
substituted “a place of youth detention accommodation or a court”.
(4)
In paragraph 4 (interpretation)—
(a)
before the definition of “escort arrangements” there is inserted—
““detained person” means a person remanded or
30
committed to accommodation which is youth detention
accommodation or detained in any such
accommodation pursuant to a sentence or order
requiring the person to be detained;”, and
(b)
the definitions of “offender” and “secure training centre” are omitted.
35
Part 4
Supplemental
33
Orders and regulations
(1)
Any power of the Secretary of State to make an order or regulations under this
Act is exercisable by statutory instrument.
40
(2)
An order or regulations under this Act may make—
(a)
different provision for different purposes or different areas;
(b)
incidental, supplemental, consequential, saving or transitional
provision.

Offender Management Bill
Part 4 — Supplemental
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(3)
A statutory instrument containing an order under—
(a)
section 11(2)(h) or (7),
(b)
section 12 or
(c)
section 35(2)(a),

may not be made unless a draft of it has been laid before and approved by a
5
resolution of each House of Parliament.
(4)
A statutory instrument containing any other order, or regulations, under this
Act is subject to annulment in pursuance of a resolution of either House of
Parliament.
(5)
In this section references to an order do not include an order under section 5(1)
10
or 38.
34
Financial provisions
There is to be paid out of money provided by Parliament—
(a)
any sums required by the Secretary of State in connection with the
making and implementation of arrangements for the provision of
15
probation services under section 3;
(b)
any other expenditure incurred by the Secretary of State by virtue of
this Act;
(c)
any increase attributable to this Act in the sums payable by virtue of
any other Act out of money so provided.
20
35
Power to make consequential and transitional provision etc
(1)
The Secretary of State may by order make—
(a)
any supplemental, incidental or consequential provision which he
considers necessary or expedient for the purposes of, in consequence
of, or for giving full effect to any provision of this Act, and
25
(b)
any transitory, transitional or saving provision which he considers
appropriate in connection with the coming into force of any provision
of this Act.
(2)
An order under subsection (1) may, in particular—
(a)
amend, repeal or revoke any enactment;
30
(b)
provide for any provision of this Act which comes into force before
another provision has come into force to have effect, until that other
provision has come into force, with specified modifications.
(3)
In subsection (2)(a) “enactment” includes any provision contained in—
(a)
an Act or subordinate legislation,
35
(b)
an Act of the Scottish Parliament or any instrument made under such
an Act, and
(c)
Northern Ireland legislation or any instrument made under Northern
Ireland legislation,

which is passed or made before the end of the Session in which this Act is
40
passed.
(4)
In subsection (3) “subordinate legislation” and “Northern Ireland legislation”
have the same meaning as in the Interpretation Act 1978 (c. 30).

Offender Management Bill
Part 4 — Supplemental
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(5)
The amendments that may be made by virtue of subsection (2)(a) are in
addition to those made by or under any other provision of this Act.
(6)
Nothing in this section limits the power under section 38(3) to include
transitional or saving provision in a commencement order.
36
Minor and consequential amendments, transitionals, and repeals
5
Schedules 3 (minor and consequential amendments), 4 (transitional and
transitory provisions and savings) and 5 (repeals) have effect.
37
Extent
(1)
Subject as follows, the preceding provisions of this Act extend to England and
Wales only.
10
(2)
Sections 33 and 35 extend also to Northern Ireland and Scotland.
(3)
Any amendment or repeal made by this Act has the same extent as the
provision to which it relates.
38
Commencement
(1)
The preceding provisions of this Act come into force on such day as the
15
Secretary of State may appoint by order made by statutory instrument.
(2)
Different provision may be made under this section for different purposes and
for different areas.
(3)
An order under this section may contain transitional provisions or savings
relating to the provisions being brought into force by the order.
20
(4)
An order under this section bringing anything in sections 24 and 25 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.
25
(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’
30
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.
39
Short title
35
This Act may be cited as the Offender Management Act 2007.