Offender Management Bill

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
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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
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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)—

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Offender Management Bill
Part 1 — New arrangements for the provision of probation services
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(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;
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(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
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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);
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“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
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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
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“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
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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—
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(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
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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
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(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;
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(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
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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)).
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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.
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(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;
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(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
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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
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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
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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
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(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;
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(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
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one month before the start of the financial year covered by the plan.
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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.
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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.
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Offender Management Bill
Part 1 — New arrangements for the provision of probation services
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(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
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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.
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(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.
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(2)
Payments under this section may be made on conditions (which may require
repayment in specified circumstances).
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National standards for the management of offenders
(1)
The Secretary of State shall continue to publish national standards for the
management of offenders.
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(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
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Offender Management Bill
Part 1 — New arrangements for the provision of probation services
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relation to every provider of probation services carrying out the activities to
which the standards apply.
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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—
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(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
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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
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subsection (4) or (4) above.
(6)
In this section “year” means a period of 12 months ending with 31st March.
Miscellaneous
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Officers of providers of probation services
(1)
In this Part “officer of a provider of probation services” means an individual
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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
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(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
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(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).
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(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.
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(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.
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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
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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)—
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(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