Offender Management Bill—
Amendments to be debated in the House of Lordscontinued

House of Lords

back to previous amendments

 

Clause 17

 

LORD RAMSBOTHAM

 Lord Ramsbotham gives notice of his intention to oppose the Question that Clause 17 stand part of the Bill.
 

Clause 19

 

BARONESS SCOTLAND OF ASTHAL

108Page 12, line 25, at end insert—
"(4A)  The reference in paragraph (b), (c) or (d) of list B to a device of any description includes a reference to—
(a)  a component part of a device of that description; or
(b)  an article designed or adapted for use with a device of that description (including any disk, film or other separate article on which images, sounds or information may be recorded)."
 

BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN

109Page 13, line 3, at end insert "prison rules or by"
 

BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN
LORD RAMSBOTHAM

110Page 13, line 6, at end insert—
    "(   )  Prior to giving any authorisation under this section, the Secretary of State must lay before both Houses of Parliament a statement setting out those circumstances in which an authorisation may be given under subsection (2)(a) otherwise than by prison rules."
 

Clause 20

 

BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN
LORD RAMSBOTHAM

111Page 15, line 32, at end insert—
    "(   )  Prior to giving any authorisation under this section, the Secretary of State must lay before both Houses of Parliament a statement setting out those circumstances in which an authorisation may be given under subsection (2)(a) otherwise than by prison rules."
 

Clause 22

 

LORD RAMSBOTHAM

112Page 17, line 5, leave out subsection (1) and insert—
"(1)  Section 7 of the Prison Act 1952 (c. 52) is amended as follows.
(2)  In subsection (1) for "medical officer" substitute "health care manager".
(3)  In subsection (4) the words "and the medical officer shall be a registered medical practitioner" are omitted."
 

After Clause 23

 

BARONESS STERN
LORD RAMSBOTHAM

112A*Insert the following new Clause—
  "Independent Monitoring Boards
(1)  The boards appointed under section 6 of the Prison Act 1952 (c. 52) (boards of visitors) are renamed as Independent Monitoring Boards.
(2)  Accordingly, in section 6 of that Act—
(a)  for the sidenote there is substituted "Independent Monitoring Boards";
(b)  in subsection (2)—
(i)  for "boards of visitors" there is substituted "group of independent monitors"; and
(ii)  the words from "of whom" to the end shall cease to have effect;
(c)  after subsection (2) there is inserted—
      "(2A)  The groups so appointed are to be known as Independent Monitoring Boards.";
(d)  in subsection (3) for "boards of visitors" and "a board of visitors" there is substituted respectively "Independent Monitoring Boards" and "an Independent Monitoring Board".
(3)  In section 19 of that Act (right of justices to visit prison), in subsection (3) for "visiting committee or the board of visitors" there is substituted "Independent Monitoring Board".
(4)  In Part 2 of Schedule 1A to the Race Relations Act 1976 (c. 74) (public bodies and other persons subject to general statutory duty), there is inserted, in the appropriate place under the heading "Other Bodies Etc.", the following entry—"An Independent Monitoring Board appointed under section 6(2) of the Prison Act 1952.".
(5)  In section 50 of the Employment Rights Act 1996 (c. 18) (right to time off for public duties)—
(a)  in subsection (2)(d), for "a board of prison visitors" there is substituted "an Independent Monitoring Board for a prison"; and
(b)  in subsection (7)(a), for the words from the beginning to "of visitors" there is substituted "Independent Monitoring Board" means a board".
(6)  In section 99 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (conversion of sentence of detention or custody to sentence of imprisonment), in subsection (1)(b) for "boards of visitors" there is substituted "Independent Monitoring Board".
(7)  In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (public authorities: other public bodies and offices) there is inserted, in the appropriate place, the following entry—
      "Any Independent Monitoring Board established under section 6(2) of the Prison Act 1952.""
 

Clause 25

 

BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN

113Page 19, line 9, after "may" insert "by order"
 

BARONESS SCOTLAND OF ASTHAL

114Page 19, line 18, at end insert—
"(8)  The power to make rules under subsection (6) is exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament."
 

Clause 30

 

BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN

115Page 20, line 39, after "detention" insert "of an appropriate secure nature given the individual's circumstances"
 

BARONESS SCOTLAND OF ASTHAL
LORD RAMSBOTHAM
BARONESS STERN

116Page 21, line 1, leave out paragraph (b)
 

BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN

117Page 21, line 5, after "detention" insert "of an appropriate secure nature given the individual's circumstances"
 

BARONESS SCOTLAND OF ASTHAL
LORD RAMSBOTHAM
BARONESS STERN

118Page 21, line 7, leave out paragraph (b)
 

BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN

119Page 21, line 12, after "detention" insert "of an appropriate secure nature given the individual's circumstances"
 

LORD RAMSBOTHAM
BARONESS SCOTLAND OF ASTHAL
BARONESS STERN

120Page 21, line 13, leave out paragraph (b)
121Page 21, line 16, leave out subsection (5)
 

BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN

122Page 21, line 25, after "detention" insert "of an appropriate secure nature given the individual's circumstances"
123Page 21, line 28, after "accommodation" insert "of an appropriate secure nature given the individual's circumstances"
 

After Clause 30

 

BARONESS STERN
LORD JUDD

124Insert the following new Clause—
  "Young offenders not to be detained in prisons
(1)  In section 27(1) of the Criminal Justice Act 1948 (c. 58) (remand of persons aged 17 to 20) omit the words—
(a)  ", if the court has been notified by the Secretary of State that a remand centre is available for the reception from the court of persons of his class or description,", and
(b)  "and, if it has not been so notified, it shall commit him to a prison."
(2)  In section 43(2) of the Prisons Act 1952 (c. 52) (remand centres, detention centres and youth custody centres) omit paragraph (c).
(3)  For section 106 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) substitute—
    "106Interaction with sentences of detention in a young offender institution
    (1)  Where a court passes a sentence of detention in a young offender institution in the case of an offender who is subject to a detention and training order, the sentence shall take effect as follows—
    (a)  if the offender has been released by virtue of subsection (2), (3), (4) or (5) of section 102 above, at the beginning of the day on which it is passed;
    (b)  if not, either as mentioned in paragraph (a) above or, if the court so orders, at the time when the offender would otherwise be released by virtue of subsection (2), (3), (4) or (5) of section 102.
    (2)  Where a court makes a detention and training order in the case of an offender who is subject to a sentence of detention in a young offender institution, the order shall take effect as follows—
    (a)  if the offender has been released under Part II of the Criminal Justice Act 1991 (early release of prisoners), at the beginning of the day on which it is made;
    (b)  if not, either as mentioned in paragraph (a) above or, if the court so orders, at the time when the offender would otherwise be released under that Part.
    (3)  Subsection (1)(a) above has effect subject to section 105(3)(a) above and subsection (2)(a) above has effect subject to section 116(6)(b) below.
    (4)  Subject to subsection (5) below, where at any time an offender is subject concurrently—
    (a)  to a detention and training order, and
    (b)  to a sentence of detention in a young offender institution,
      he shall be treated for the purposes of sections 102 to 105 above and of section 98 above (place of detention), Chapter IV of this Part (return to detention) and Part II of the Criminal Justice Act 1991 (early release) as if he were subject only to the one of them that was imposed on the later occasion.
    (5)  Nothing in subsection (4) above shall require the offender to be released in respect of either the order or the sentence unless and until he is required to be released in respect of each of them.
    (6)  Where, by virtue of any enactment giving a court power to deal with a person in a way in which a court on a previous occasion could have dealt with him, a detention and training order for any term is made in the case of a person who has attained the age of 18, the person shall be treated as if he had been sentenced to detention in a young offender institution for the same term."
(4)  Section 61 of the Criminal Justice and Court Services Act 2000 (c. 43) (abolition of sentences of detention in a young offender institution, custody for life, etc.) is repealed."
 

Clause 31

 

LORD RAMSBOTHAM
BARONESS SCOTLAND OF ASTHAL
BARONESS STERN

 The above-named Lords give notice of their intention to oppose the Question that Clause 31 stand part of the Bill.
 

Clause 32

 

BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN
LORD JUDD
LORD RAMSBOTHAM

125Page 22, line 27, at end insert—
"(   )  After paragraph 1 insert—
    "1A  In making arrangements for the functions under paragraph 1, the Secretary of State must ensure that young offenders' safeguarding and welfare needs are addressed during transport.""
 

After Clause 32

 

LORD RAMSBOTHAM
LORD JUDD

126Insert the following new Clause—
 "Mental health diversion schemes
  Mental health diversion schemes
(1)  The Secretary of State shall establish mental health diversion schemes to operate at all—
(a)  crown courts;
(b)  magistrates' courts; and
(c)  police stations.
(2)  Under this section "mental health diversion scheme" means a scheme under which all those charged with an offence shall be considered for—
(a)  assessment by a qualified mental health nurse; and
(b)  if in the opinion of the mental health nurse the person charged is suffering from a mental health disorder, diversion from the criminal justice system towards treatment in a mental health facility.
(3)  For the purposes of this section a mental health diversion scheme may be established to operate at one or more of the places listed in subsection (1)."
 

LORD RAMSBOTHAM

127Insert the following new Clause—
 "Local area agreements
  Local area agreements
(1)  The Secretary of State shall assist local authorities in the preparation of any local authority agreement in so far as the agreement relates to improvement targets for the supervision and rehabilitation of persons charged with or convicted of offences, including those to whom conditional cautions are given.
(2)  In fulfilling his duty under subsection (1), the Secretary of State shall take into account the need to develop local area agreements as the primary means of achieving partnerships between local authorities and agencies for the prevention of re-offending."
128Insert the following new Clause—
 "Rehabilitation of offenders
  Rehabilitation of offenders
  The Secretary of State shall conduct a review of the Rehabilitation of Offenders Act 1974 (c. 53) and publish a report on his findings."

 
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©Parliamentary copyright 2007
18 May 2007