House of Lords portcullis
House of Lords
Session 2006 - 07
Internet Publications
Other Bills before Parliament

Offender Management Bill


Offender Management Bill
Part 1 — New arrangements for the provision of probation services

1

 

A

Bill

[AS AMENDED ON REPORT]

To

Make provision about the provision of probation services, prisons and other

matters relating to the management of offenders; and for connected purposes. 

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

Part 1

New arrangements for the provision of probation services

Probation purposes

1       

Meaning of “the probation purposes”

(1)   

In this Part “the probation purposes” means the purposes of providing for—

5

(a)   

courts to be given assistance in determining the appropriate sentences

to pass, and making other decisions, in respect of persons charged with

or convicted of offences;

(b)   

authorised persons to be given assistance in determining whether

conditional cautions should be given and which conditions to attach to

10

conditional cautions;

(c)   

the supervision and rehabilitation of persons charged with or convicted

of offences;

(d)   

the giving of assistance to persons remanded on bail;

(e)   

the supervision and rehabilitation of persons to whom conditional

15

cautions are given;

(f)   

the giving of information to victims of persons charged with or

convicted of offences.

(2)   

The purpose set out in subsection (1)(c) includes (in particular)—

 
HL Bill 9054/2
 
 

Offender Management Bill
Part 1 — New arrangements for the provision of probation services

2

 

(a)   

giving effect to community orders and suspended sentence orders (or,

in the case of persons mentioned in subsection (3), any corresponding

sentence which is to be carried out in England and Wales);

(b)   

assisting in the rehabilitation of offenders who are being held in prison;

(c)   

supervising persons released from prison on licence;

5

(d)   

providing accommodation in approved premises.

(3)   

That purpose also applies in relation to persons who—

(a)   

are convicted of an offence under the law of a country outside England

and Wales, and

(b)   

receive a sentence which is to any extent to be served or carried out in

10

England and Wales,

   

as it applies in relation to persons convicted of offences.

(4)   

In this section—

“authorised person” and “conditional caution” have the same meaning as

in Part 3 of the Criminal Justice Act 2003 (c. 44);

15

“community order” means—

(a)   

a community order within the meaning of the Criminal Justice

Act 2003 (see section 177 of that Act);

(b)   

a community order within the meaning of the Powers of

Criminal Courts (Sentencing) Act 2000 (c. 6) (as it applies to

20

offences committed before 4th April 2005);

“prison” includes a young offender institution and a secure training

centre;

“suspended sentence order” has the same meaning as in the Criminal

Justice Act 2003 (see section 189 of that Act); and

25

“victim” includes a person claiming to be a victim of a person charged

with or convicted of an offence.

(5)   

Regulations made by the Secretary of State may extend the purposes

mentioned in subsection (1) to include other purposes relating to persons

charged with or convicted of offences or persons to whom conditional cautions

30

are given.

Functions of the Secretary of State

2       

Responsibility for ensuring the provision of probation services

(1)   

It is the function of the Secretary of State to ensure that sufficient provision is

made throughout England and Wales—

35

(a)   

for the probation purposes;

(b)   

for enabling functions conferred by any enactment (whenever passed

or made) on providers of probation services, or on officers of a provider

of probation services, to be performed; and

(c)   

for the performance of any function of the Secretary of State under any

40

enactment (whenever passed or made) which is expressed to be a

function to which this paragraph applies;

   

and any provision which the Secretary of State considers should be made for a

purpose mentioned above is referred to in this Part as “probation provision”.

 
 

Offender Management Bill
Part 1 — New arrangements for the provision of probation services

3

 

(2)   

The Secretary of State shall discharge his function under subsection (1) in

relation to any probation provision by making and carrying out arrangements

under section 3.

(3)   

The Secretary of State must have regard to the aims mentioned in subsection

(4) in the exercise of his functions under subsections (1) and (2) (so far as they

5

may be exercised for any of the probation purposes).

(4)   

Those aims are—

(a)   

the protection of the public;

(b)   

the reduction of re-offending;

(c)   

the proper punishment of offenders;

10

(d)   

ensuring offenders’ awareness of the effects of crime on the victims of

crimes and the public; and

(e)   

the rehabilitation of offenders.

(5)   

The Secretary of State is not required by subsections (1) and (2) to take any

action in relation to the making of provision for a purpose mentioned in

15

subsection (1) if it appears to him that appropriate provision is being or will be

made by any person acting otherwise than in pursuance of arrangements

under section 3.

(6)   

In this section “enactment” includes subordinate legislation (within the

meaning of the Interpretation Act 1978 (c. 30)).

20

3       

Power to make arrangements for the provision of probation services

(1)   

This section applies to any probation provision which the Secretary of State

considers ought to be made for any of the purposes mentioned in section 2(1).

(2)   

The probation boards and probation trusts may make contractual or other

arrangements with any other person for the making of the probation provision.

25

(3)   

Arrangements under subsection (2) may in particular authorise or require that

other person—

(a)   

to co-operate with other providers of probation services or persons

who are concerned with the prevention or reduction of crime or with

giving assistance to the victims of crime;

30

(b)   

to designate individuals as officers of a provider of probation services;

(c)   

to make contractual or other arrangements with third parties for

purposes connected with the probation provision to be made,

including in particular contractual or other arrangements—

(i)   

for provision to be made, or for activities to be carried out, by

35

third parties on behalf of that other person; or

(ii)   

for individuals who are not members of that other person’s staff

to act as officers of a provider of probation services.

(4)   

If it appears to the Sectretary of State that sufficient provision of probation

services is not being, or will not be, made in accordance with the arrangements

40

under subsection (2), he shall—

(a)   

make contractural or other arrangements with any other person for the

making of the probation provision; or

(b)   

make the probation provision himself.

(5)   

Where the Secretary of State makes probation provision himself in accordance

45

with subsection (4)(b), he shall make arrangements for the making of that

 
 

Offender Management Bill
Part 1 — New arrangements for the provision of probation services

4

 

probation provision (and for the avoidance of doubt the members of staff

through whom he may act in making and carrying out those arrangements

include prison officers or other persons employed at a prison).

(6)   

In this Part “provider of probation services” means—

(a)   

in relation to probation provision which is the subject of arrangements

5

under subsection (2), the person with whom the Secretary of State

makes those arrangements; or

(b)   

in relation to probation provision which is the subject of arrangements

under subsection (5), the Secretary of State.

(7)   

In carrying out their functions under this Part, and in particular in providing

10

any assistance to the courts and to the Parole Board for England and Wales,

providers of probation services and their officers shall ensure that such

assistance does not give rise to any conflict of interest between their obligation

to give such advice impartially and the financial interest of the provider.

4       

Requirement for probation trusts and probation boards to prepare plans

15

(1)   

Each probation trust and probation board shall provide a plan for the

forthcoming financial year at least four months before the commencement of

that year.

(2)   

A plan submitted under subsection (1) shall set out for the trust or board—

(a)   

its anticipated probation service needs;

20

(b)   

from whom it proposes to commission services; and

(c)   

the cost of those services.

(3)   

Where the Secretary of State considers that sufficient provision will not be

made, he may modify the plan.

(4)   

Any modifications made by the Secretary of State shall be made no later than

25

one month before the start of the financial year covered by the plan.

5       

Restriction on certain arrangements under section 3

(1)   

Arrangements under section 3 relating to restricted probation provision may

only be made with a probation trust or other public body.

(2)   

In this section “restricted probation provision” means probation provision

30

which—

(a)   

is made for a purpose mentioned in section 2(1)(a) or (b); and

(b)   

relates to the giving of assistance to any court in determining the

appropriate sentence to pass, or making any other decision, in respect

of a person charged with or convicted of an offence.

35

6       

Power to establish probation trusts

(1)   

The Secretary of State may by order—

(a)   

establish a probation trust for purposes specified in the order;

(b)   

alter the name or purposes of a probation trust;

(c)   

dissolve a probation trust.

40

 
 

Offender Management Bill
Part 1 — New arrangements for the provision of probation services

5

 

(2)   

The purposes of a probation trust must consist of or include the making or

performance by the trust of contracts with the Secretary of State under section

3(2).

(3)   

The purposes of a probation trust may include all or any of the following

purposes—

5

(a)   

the making or performance by the trust of contracts with another

probation trust or any other person which provide for the carrying out

by the trust of activities which contribute to the achievement of any

purpose mentioned in section 2(1);

(b)   

the making or performance by the trust of contracts with the Secretary

10

of State for the carrying out by the trust of activities anywhere in the

world which—

(i)   

are to be carried out in connection with persons who are or have

been subject to proceedings in service courts; and

(ii)   

correspond to activities which, if carried out in connection with

15

persons charged with or convicted of offences, would

contribute to the achievement of any purpose mentioned in

section 2(1);

(c)   

any other purpose specified for the purposes of this section by

regulations made by the Secretary of State.

20

(4)   

A purpose specified for a probation trust under subsection (1)(a) may be

expressed in more specific terms than those used in subsection (2) or (3)(a) or

(b) or in regulations under subsection (3)(c).

(5)   

A purpose so specified which relates to the making or performance of contracts

includes the carrying out of any activities relating to a contract of a relevant

25

kind (including activities taking place before it is made or after it is

terminated).

(6)   

Schedule 1 (which contains other provision relating to probation trusts) has

effect.

7       

Power to make grants for probation purposes etc

30

(1)   

The Secretary of State may make payments (other than payments falling to be

made in pursuance of arrangements under section 3(2))—

(a)   

to a probation trust; or

(b)   

towards expenditure incurred by any other person for any purpose

falling within the probation purposes.

35

(2)   

Payments under this section may be made on conditions (which may require

repayment in specified circumstances).

8       

National standards for the management of offenders

(1)   

The Secretary of State shall continue to publish national standards for the

management of offenders.

40

(2)   

The national standards may in particular include standards relating to the

management of offenders held in custody.

(3)   

In exercising his powers under section 3(2) the Secretary of State shall have

regard to the need to secure, so far as practicable, that the arrangements in force

from time to time provide for the national standards to have the same effect in

45

 
 

Offender Management Bill
Part 1 — New arrangements for the provision of probation services

6

 

relation to every provider of probation services carrying out the activities to

which the standards apply.

9       

Annual plans etc

(1)   

The Secretary of State shall at least once in every year consult the Welsh

Ministers, and such other persons as he thinks fit, about the provision that

5

should be made for the purposes mentioned in section 2(1) for the following

year.

(2)   

The Secretary of State shall, before the end of each year, publish an annual plan

for the following year which sets out the way in which the Secretary of State

proposes to—

10

(a)   

discharge his functions under section 2(1) and (2) during that year; and

(b)   

carry out any arrangements which he expects to be in force under

section 3(5) for that year.

(3)   

The Secretary of State shall have regard to the annual plan published under

subsection (2) for any year—

15

(a)   

in discharging his functions under section 2(1) and (2) during that year;

and

(b)   

in making or carrying out arrangements under section 3(4) or (5) for

that year.

(4)   

Arrangements made by the Secretary of State under section 3(4) or (5) with a

20

person other than a probation trust shall, if the Secretary of State thinks fit,

require that person to publish an annual plan for each year in which it expects

to carry out any specified activities.

(5)   

In subsections (4) and (4)—

“annual plan” means a plan setting out the way in which the probation

25

trust or other person (as the case may be) proposes to carry out any

specified activities during the year to which the plan relates;

“specified activities”, in relation to a probation trust or other person with

whom arrangements under section 3(2) are made, means activities of a

description specified in those arrangements for the purposes of

30

subsection (4) or (4) above.

(6)   

In this section “year” means a period of 12 months ending with 31st March.

Miscellaneous

10      

Officers of providers of probation services

(1)   

In this Part “officer of a provider of probation services” means an individual

35

who is for the time being authorised under this section to carry out the

functions of an officer of a particular provider of probation services (“the

relevant provider”).

(2)   

An individual may be authorised as an officer of the relevant provider by—

(a)   

the Secretary of State; or

40

(b)   

a provider of probation services (whether the relevant provider or any

other provider) who is authorised to do so by the Secretary of State.

 
 

Offender Management Bill
Part 1 — New arrangements for the provision of probation services

7

 

(3)   

If the relevant provider is the Secretary of State, subsection (2) has effect with

the omission of paragraph (b).

(4)   

The reference in subsection (1) to the functions of an officer of a particular

provider of probation services means—

(a)   

any functions conferred by an enactment (whenever passed or made)

5

which are exercisable by an officer of that provider; and

(b)   

anything which is required or authorised (by virtue of arrangements

made under section 3) to be done by an officer of that provider.

11      

National framework for qualifications of officers

(1)   

The Secretary of State may publish guidelines about any qualifications,

10

experience or training required to perform the work of an officer of a provider

of probation services.

(2)   

The Secretary of State must publish guidelines under subsection (1) in relation

to work involving the supervision of offenders and other work requiring direct

contact with offenders (including offenders held in custody).

15

(3)   

Guidelines under this section may make different provision for different

purposes.

(4)   

In exercising his powers under section 3(2) and (5) and 10 the Secretary of State

shall have regard to the need to secure, so far as practicable, that guidelines

published under this section have the same effect in relation to every provider

20

of probation services whose officers perform work to which they relate.

12      

Abolition of local probation boards and transfers of property etc and staff

(1)   

In consequence of the provisions of this Part, the local probation boards

constituted under section 4 of the Criminal Justice and Court Services Act 2000

(c. 43) are abolished.

25

(2)   

Schedule 2 (which contains provisions relating to transfers of property etc or

staff in connection with the abolition of local probation boards or the

implementation or termination of arrangements under section 3) has effect.

13      

The inspectorate

(1)   

Her Majesty’s Inspectorate of the National Probation Service for England and

30

Wales is renamed “Her Majesty’s Inspectorate of Probation for England and

Wales” and Her Majesty’s Chief Inspector of the National Probation Service for

England and Wales is renamed “Her Majesty’s Chief Inspector of Probation for

England and Wales”.

(2)   

In section 6 of the Criminal Justice and Court Services Act 2000 (the

35

inspectorate)—

(a)   

in subsection (1), the words from “but” to the end are omitted; and

(b)   

in subsection (4), for “the National Probation Service” (in both places)

there is substituted “Probation”.

(3)   

In section 7 of that Act (functions of the inspectorate)—

40

(a)   

in subsection (1), for “each local probation board under section 5” there

is substituted “the Secretary of State under section 3 of the Offender

 
 

 
previous section contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 2007
Revised 6 July 2007