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Offender Management Bill


SIXTH
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE


      The amendments have been marshalled in accordance with the Instruction of 23rd April 2007, as follows—

Clauses 15 to 36
Schedules 3 to 5
Clauses 37 to 39

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 15

 

BARONESS LINKLATER OF BUTTERSTONE
LORD DHOLAKIA
LORD WALLACE OF SALTAIRE

106Page 10, line 43, at end insert—
"(   )  A worker at a contracted-out prison shall be subject to the qualification requirements that the Secretary of State shall by regulation define."
 

After Clause 15

 

BARONESS LINKLATER OF BUTTERSTONE
LORD DHOLAKIA
LORD WALLACE OF SALTAIRE

107Insert the following new Clause—
  "Establishments
(1)  Schedule 4 to the Safeguarding Vulnerable Groups Act 2006 (c. 47) (regulated activity: general) is amended as follows.
(2)  After paragraph 3(1)(g) there is inserted—
"(h)  contracted-out prisons"."
 

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

112AInsert 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.""
 

LORD RAMSBOTHAM

112BInsert the following new Clause—
  "Offender Management Board
(1)  There shall be a board to be known as the Offender Management Board ("the Board").
(2)  The Board shall be based within the Ministry of Justice.
(3)  The members of the Board shall include—
(a)  the Secretary of State who shall act as chairman,
(b)  the Director-General of the Prison Service,
(c)  the Director of the National Probation Service,
(d)  the chairman of the Youth Justice Board, and
(e)  other persons who the Secretary of State may nominate.
(4)  The Board shall be responsible for—
(a)  disseminating policy to, and
(b)  establishing good practice with respect to,
 all organisations involved in the operation of the offender management system.
(5)  In carrying out its functions, the Board shall comply with any directions given by the Secretary of State and act in accordance with any guidance given by him."
 

Before Clause 24

 

LORD NORTHBOURNE
LORD RAMSBOTHAM

112CInsert the following new Clause—
"Duty to promote children's welfare
  Duty to promote children's welfare
  The Secretary of State shall by regulations provide for all individuals and agencies responsible for the management of offenders to be subject to a duty to have regard to the need to protect and promote the welfare of the children of offenders including, in particular, the children of those serving prison sentences."
 

Clause 24

 

LORD LLOYD OF BERWICK

 Lord Lloyd of Berwick gives notice of his intention to oppose the Question that Clause 24 stand part of the Bill.
 

Clause 25

113[Withdrawn]
 

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."
 

LORD LLOYD OF BERWICK

 Lord Lloyd of Berwick gives notice of his intention to oppose the Question that Clause 25 stand part of the Bill.
 

Clause 26

 

LORD LLOYD OF BERWICK

 Lord Lloyd of Berwick gives notice of his intention to oppose the Question that Clause 26 stand part of the Bill.
 

Clause 30

 

BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN

115Page 20, line 39, leave out from "for" to ", and" and insert ""secure accommodation" there is substituted "youth detention accommodation 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, leave out from "for" to end and insert ""secure accommodation" there is substituted "youth detention accommodation 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 11, leave out from "for" to ", and" in line 12 and" and insert ""secure accommodation" there is substituted "youth detention accommodation 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, leave out from "for" to end and insert ""secure accommodation" there is substituted "youth detention accommodation 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) paragraph (c). is omitted
(3)  For section 106 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) there is substituted—
"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 above.
(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."

 
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©Parliamentary copyright 2007
12 June 2007