Offender Management Bill

House of Lords

Session 2006 - 07
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Other Bills before Parliament

Offender Management Bill

Offender Management Bill
Schedule 3 — Minor and consequential amendments
Part 1 — DTOs: accommodation
32


This sub-paragraph does not prejudice the generality of sub-paragraphs (2)
and (3).
      (5)
But if the individual informs the Secretary of State or the transferee that he
objects to the transfer—
(a)
the transfer shall not take place (and so sub-paragraphs (2) to (4) do
5
not apply); and
(b)
his employment is terminated immediately before the date of
transfer.
      (6)
For the purposes of Part 9 of the Employment Rights Act 1996, the individual
is not to be regarded as having been dismissed by reason of—
10
(a)
his transfer from Crown employment under the scheme; or
(b)
the termination of his employment by virtue of sub-paragraph (5)(b).
      (7)
In this paragraph “transferee” refers to the employer to whom the person is
or would be transferred under the scheme.
9     (1)
Nothing in this Schedule prejudices any right of an employee to terminate
15
his contract of employment if a substantial change is made to his detriment
in his working conditions.
      (2)
But no such right arises by reason only that (by virtue of paragraph 6, 7 or 8)
the identity of his employer changes unless the employee shows that in all
the circumstances the change is a significant change and is to his detriment.
20
10    (1)
Where an employee’s contract of employment with—
(a)
a local probation board,
(b)
a probation trust which is to be dissolved,

is not transferred under a staff transfer scheme, it is terminated immediately
before the date on which the board or probation trust ceases to exist (and the
25
employee is to be treated, for the purposes of the Employment Rights Act
1996 (c. 18), as having been dismissed by the board or probation trust).
      (2)
Sub-paragraph (1) has effect subject to paragraphs 6(5), 7(6) and 8(6).
Schedule 3
Section 36

Minor and consequential amendments
30
Part 1
DTOs: accommodation
Prison Act 1952 (c. 52)
1     (1)
Section 49 of the Prison Act 1952 (persons unlawfully at large) is amended
as follows.
35
      (2)
In subsection (1), for “secure” there is substituted “youth detention”.
      (3)
In subsection (2), for “secure” (in both places it occurs) there is substituted
“youth detention”.
      (4)
In subsection (5)—

Offender Management Bill
Schedule 3 — Minor and consequential amendments
Part 1 — DTOs: accommodation
33

(a)
for ““secure accommodation”” there is substituted ““youth detention
accommodation””, and
(b)
in paragraph (c), for “secure” there is substituted “youth detention”.
Army Act 1955 (3 & 4 Eliz. 2 c. 18)
2     (1)
The Army Act 1955 is amended as follows.
5
      (2)
In section 71AA(6)(a) (young service offenders: custodial orders), as
amended by paragraph 16(c) of Schedule 7 to the Criminal Justice and Court
Services Act 2000 (c. 43), for “secure accommodation” there is substituted
“youth detention accommodation”.
      (3)
In paragraph 10(6)(a) of Schedule 5A (powers of court on trial of civilian), as
10
amended by paragraph 18(2)(d) of Schedule 7 to the Criminal Justice and
Court Services Act 2000, for “secure accommodation” there is substituted
“youth detention accommodation”.
Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)
3     (1)
The Air Force Act 1955 is amended as follows.
15
      (2)
In section 71AA(6)(a) (young service offenders: custodial orders), as
amended by paragraph 23(c) of Schedule 7 to the Criminal Justice and Court
Services Act 2000, for “secure accommodation” there is substituted “youth
detention accommodation”.
      (3)
In paragraph 10(6)(a) of Schedule 5A (powers of court on trial of civilian), as
20
amended by paragraph 25(2)(d) of Schedule 7 to the Criminal Justice and
Court Services Act 2000, for “secure accommodation” there is substituted
“youth detention accommodation”.
Naval Discipline Act 1957 (c. 53)
4     (1)
The Naval Discipline Act 1957 is amended as follows.
25
      (2)
In section 43AA(6)(a) (young service offenders: custodial orders), as
amended by paragraph 30(c) of Schedule 7 to the Criminal Justice and Court
Services Act 2000, for “secure accommodation” there is substituted “youth
detention accommodation”.
      (3)
In paragraph 10(6)(a) of Schedule 4A (power of court on trial of civilian), as
30
amended by paragraph 32(2)(d) of Schedule 7 to the Criminal Justice and
Court Services Act 2000, for “secure accommodation” there is substituted
“youth detention accommodation”.
Crime (Sentences) Act 1997 (c. 43)
5     (1)
Schedule 1 to the Crime (Sentences) Act 1997 (transfer of prisoners within
35
the British Islands) is amended as follows.
      (2)
In paragraph 8(6)(a), for “secure”, in the first place it occurs, there is
substituted “youth detention”.
      (3)
In paragraph 20(1), in the definition of “prison”, for “a young offender
institution” there is substituted “any accommodation which is youth
40
detention accommodation (within the meaning given by section 107(1) of the
Powers of Criminal Courts (Sentencing) Act 2000)”.

Offender Management Bill
Schedule 3 — Minor and consequential amendments
Part 1 — DTOs: accommodation
34

Crime and Disorder Act 1998 (c. 37)
6     (1)
Section 41(5) of the Crime and Disorder Act 1998 (the Youth Justice Board)
is amended as follows.
      (2)
In paragraph (i) (as it has effect before the commencement of paragraph
154(a) of Schedule 16 to the Armed Forces Act 2006), for sub-paragraph (i)
5
there is substituted—
“(i)
youth detention accommodation, within the meaning
given by section 107(1) of the Powers of Criminal
Courts (Sentencing) Act 2000, for the purpose of
detaining persons in respect of whom a detention and
10
training order is made under section 100 of that Act or
an order is made under section 104(3)(a) or 105(2) of
that Act;”.
      (3)
In paragraph (i) (as it has effect on or after the commencement of paragraph
154(a) of Schedule 16 to the Armed Forces Act 2006), in sub-paragraph (i) for
15
“secure accommodation” there is substituted “youth detention
accommodation”.
      (4)
In paragraph (j) (as it has effect before the commencement of paragraph
154(b) of Schedule 16 to the Armed Forces Act 2006), for sub-paragraph (i)
there is substituted—
20
“(i)
youth detention accommodation, within the meaning
given by section 107(1) of the Powers of Criminal
Courts (Sentencing) Act 2000, to be used for detaining
a person in accordance with a determination under
section 102(1), 104(3)(a) or 105(2) of that Act, or”.
25
      (5)
In paragraph (j) (as it has effect on or after the commencement of paragraph
154(b) of Schedule 16 to the Armed Forces Act 2006), in sub-paragraph (i) for
“secure accommodation” there is substituted “youth detention
accommodation”.
      (6)
In paragraph (l)(i), for “and sentenced children and young persons” there is
30
substituted “children and young persons and secure and other
accommodation for sentenced children and young persons”.
Armed Forces Act 2006 (c.52)
7     (1)
The Armed Forces Act 2006 is amended as follows.
      (2)
In section 213(1) (references in certain provisions of the Sentencing Act to a
35
detention and training order to include an order under section 211) for “to
105” there is substituted “to 105A”.
      (3)
In section 214(3) (powers of court to order person to be detained where
offence committed during currency of detention and training order) for
“secure accommodation” there is substituted “youth detention
40
accommodation”.
      (4)
In section 215(3) (meaning of “secure accommodation” in section 214) for
““secure accommodation”” there is substituted ““youth detention
accommodation””.

Offender Management Bill
Schedule 3 — Minor and consequential amendments
Part 2 — Escort arrangements
35

Part 2
Escort arrangements
Imprisonment (Temporary Provisions) Act 1980 (c. 57)
8     (1)
Section 6 of the Imprisonment (Temporary Provisions) Act 1980 (detention
in the custody of a constable) is amended as follows.
5
      (2)
In subsection (1) for the words from “prison” to “in which” there is
substituted “prison or accommodation which is youth detention
accommodation (within the meaning given by section 107(1) of the Powers
of Criminal Courts (Sentencing) Act 2000) in which”.
      (3)
In subsection (2) for the words from “prison” to “in which” there is
10
substituted “accommodation in which”.
Criminal Justice and Public Order Act 1994 (c. 33)
9
The Criminal Justice and Public Order Act 1994 is amended as follows.
10
In section 9 (powers and duties of custody officers employed at contracted
out secure training centres)—
15
(a)
in subsection (1)(a) for “offender” there is substituted “person”, and
(b)
in subsection (3), for “offenders” there is substituted “persons”.
11
In section 12 (escort arrangements and officers)—
(a)
in subsection (1), for “offenders detained at a secure training centre”
there is substituted “persons detained in youth detention
20
accommodation”, and
(b)
in subsection (3), for paragraph (a) there is substituted—
“(a)
that he has been approved by the Secretary of State for
the purpose of performing any of the following—
(i)
escort functions;
25
(ii)
custodial duties at secure training centres;”.
12
In the sidenote to section 13 (protection of custody officers at secure training
centres), the words “at secure training centres” are omitted.
13    (1)
In section 14(1) (wrongful disclosure of information relating to offenders
detained at secure training centres), for “offender detained at a secure
30
training centre” there is substituted “person detained in youth detention
accommodation”.
      (2)
In the sidenote to section 14, for “offenders detained at secure training
centres” there is substituted “persons detained in youth detention
accommodation”.
35
14
In section 15 (interpretation of sections 7 to 14), after the definition of “sub-
contractor” there is inserted—
““youth detention accommodation” has the meaning given by
section 107(1) of the Powers of Criminal Courts (Sentencing)
Act 2000.”
40
15
In paragraph 2(1)(b) of Schedule 1, for “offenders” there is substituted
“detained persons”.

Offender Management Bill
Schedule 4 — Transitional and transitory provisions and savings
Part 1 — Provisions relating to Part 1
36

16
In paragraph 3 of Schedule 1—
(a)
in paragraphs (a) and (b) of sub-paragraph (1), for “offender” there is
substituted “detained person”, and
(b)
in sub-paragraph (3), for “offenders” there is substituted “detained
persons”.
5
Schedule 4
Section 36

Transitional and transitory provisions and savings
Part 1
Provisions relating to Part 1
Compensation for certain former chief officers of local probation boards
10
1
The Secretary of State may pay such compensation as he considers
appropriate to any person who—
(a)
ceases to hold office as chief officer of a local probation board by
virtue of the abolition of the board by virtue of this Part; and
(b)
has not been appointed as chief executive of a probation trust before
15
ceasing to hold office as chief officer.
Continuity of employment where chief officer is appointed chief executive of a probation trust
2     (1)
If a person who holds office as chief officer of a local probation board is
appointed as chief executive of a probation trust, his period of Crown
employment in that office (including any period mentioned in section 22(2)
20
of the Criminal Justice and Court Services Act 2000 (c. 43) for former chief
probation officers) counts as a period of employment with the probation
trust.
      (2)
In this paragraph “Crown employment” means the employment in which
the chief executive of a local probation board was, by virtue of paragraph
25
3(5) of Schedule 1 to that Act, treated as being employed for the purposes of
the Employment Rights Act 1996 (c. 18).
General saving for existing functions of the Secretary of State
3
Nothing in the provisions of Part 1 conferring functions on the Secretary of
State affects any other functions of his which are exercisable for any purpose
30
that corresponds to any of the section 1 purposes.
Interpretation
4
Expressions used in this Part of this Schedule have the same meaning as in
Part 1.

Offender Management Bill
Schedule 5 — Repeals
Part 1 — Probation services
37

Part 2
Provisions relating to Part 2
Penalty for offences under sections 40C & 40D of the Prison Act 1952
5
In the application of section 40C and 40D of the Prison Act 1952 (c. 52)
(inserted by sections 19 and 20) in relation to offences committed before the
5
commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44)
(limit on magistrates’ court’s powers to impose imprisonment), the
reference in subsection (5)(b) of those sections to 12 months is to be read as
a reference to 6 months.
10
Part 3
Provisions relating to Part 3
Imprisonment of offenders aged 18 or over but under 21
6     (1)
Sub-paragraph (2) applies if section 32(4)(a) comes into force before the day
on which section 61 of the Criminal Justice and Court Services Act 2000
15
(c. 43) (abolition of sentences of detention in a young offender institution,
custody for life, etc.) comes into force (or fully into force).
      (2)
The provision that may be made by order under section 35(1) includes
provision modifying the provision inserted by section 32(4)(a) of this Act
with respect to sentences passed, or other things done, at any time before
20
section 61 of that Act comes into force (or fully into force).
Remand centres
7
If section 59 of the Criminal Justice and Court Services Act 2000 (abolition of
remand centres) has not come into force (or fully into force) before the
coming into force of paragraph 8(2) of Schedule 3, that paragraph has effect
25
until section 59 of the Criminal Justice and Court Services Act 2000 comes
into force (or comes fully into force) as if after “prison” (in the second place
it occurs) there were inserted “, remand centre”.
Schedule 5
Section 36

Repeals
30
Part 1
Probation services

Short title and chapter
Extent of repeal

Criminal Justice and Court
Sections 1 to 5.

Services Act 2000
In section 6(1), the words from “but” to the end.

35

Sections 8 to 10.

Offender Management Bill
Schedule 5 — Repeals
Part 3 — Miscellaneous
38

Short title and chapter
Extent of repeal

Criminal Justice and Court
In section 18, subsection (2)(b), in subsection (3)

Services Act 2000—cont.
the words “a local probation board or” and in

subsection (4) the words “a probation

committee”.

5

Section 20(2).

Section 21(5).

Sections 22 and 23.

In section 25, the definition of “approved

premises”.

10

In section 78, the definition of “local probation

board”.

Schedule 1.

Part 2
Prisons etc
15

Short title and chapter
Extent of repeal

Prison Act 1952 (c. 52)
In section 7, in subsection (1), the words “and a

medical officer” and, in subsection (4) the

words from “and the medical officer” to the

end.

20

Section 17.

Section 28(5).

Section 41.

Criminal Justice Act 1991 (c. 53)
In section 85, in subsection (2) the words

“Subject to subsection (3) below” and

25

subsection (3).

Criminal Justice and Public
Section 97(3).

Order Act 1994 (c. 33)
In Schedule 10, paragraph 68.

Part 3
Miscellaneous
30

Short title and chapter
Extent of repeal

Criminal Justice and Public
In the sidenote to section 13, the words “at

Order Act 1994
secure training centres”.

In Schedule 1, in paragraph 4, the word “and” at

the end of the definition of “escort

35

arrangements” and the definitions of

“offender” and “secure training centre”.

Powers of Criminal Courts
In section 102(1) the words “or by such other

(Sentencing) Act 2000 (c. 6)
person as may be authorised by him for that

purpose”.

40

Criminal Justice Act 2003 (c. 44)
Section 202(3)(b).