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Offender Management Bill


Offender Management Bill
Part 2 — Prisons

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(d)   

a sound-recording device.

(4)   

In List B—

“camera” includes any device by means of which a photograph (as

defined in section 40E) can be produced;

“sound-recording device” includes any device by means of which

5

a sound-recording (as defined in section 40E) can be made.

(5)   

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

10

description (including any disk, film or other separate article on

which images, sounds or information may be recorded).

(6)   

A List C article is any article or substance prescribed for the purposes

of this subsection by prison rules.

(7)   

The Secretary of State may by order amend this section for the purpose

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of—

(a)   

adding an entry to List A or List B;

(b)   

repealing or modifying any entry for the time being included in

List A or List B;

(c)   

adding, repealing or modifying any provision for the

20

interpretation of any such entry.

40B     

Conveyance etc. of List A articles into or out of prison

(1)   

A person who, without authorisation—

(a)   

brings, throws or otherwise conveys a List A article into or out

of a prison,

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(b)   

causes another person to bring, throw or otherwise convey a

List A article into or out of a prison,

(c)   

leaves a List A article in any place (whether inside or outside a

prison) intending it to come into the possession of a prisoner, or

(d)   

knowing a person to be a prisoner, gives a List A article to him,

30

   

is guilty of an offence.

(2)   

In this section “authorisation” means authorisation given for the

purposes of this section—

(a)   

in relation to all prisons or prisons of a specified description, by

prison rules or by the Secretary of State; or

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(b)   

in relation to a particular prison, by the Secretary of State or by

the governor or director of the prison.

(3)   

Authorisation may be given to specified persons or persons of a

specified description—

(a)   

in relation to specified articles or articles of a specified

40

description;

(b)   

in relation to specified acts or acts of a specified description; or

(c)   

on such other terms as may be specified.

   

In this subsection “specified” means specified in the authorisation.

 
 

Offender Management Bill
Part 2 — Prisons

16

 

(4)   

Authorisation given by the Secretary of State otherwise than in writing

shall be recorded in writing as soon as is reasonably practicable after

being given.

(5)   

Authorisation given by the governor or director of a prison shall—

(a)   

be given in writing; and

5

(b)   

specify the purpose for which it is given.

(6)   

A person guilty of an offence under this section is liable on conviction

on indictment to imprisonment for a term not exceeding ten years or to

a fine (or both).

40C     

Conveyance etc. of List B or C articles into or out of prison

10

(1)   

A person who, without authorisation—

(a)   

brings, throws or otherwise conveys a List B article into or out

of a prison,

(b)   

causes another person to bring, throw or otherwise convey a

List B article into or out of a prison,

15

(c)   

leaves a List B article in any place (whether inside or outside a

prison) intending it to come into the possession of a prisoner, or

(d)   

knowing a person to be a prisoner, gives a List B article to him,

   

is guilty of an offence.

(2)   

A person who, without authorisation—

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(a)   

brings, throws or otherwise conveys a List C article into a prison

intending it to come into the possession of a prisoner,

(b)   

causes another person to bring, throw or otherwise convey a

List C article into a prison intending it to come into the

possession of a prisoner,

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(c)   

brings, throws or otherwise conveys a List C article out of a

prison on behalf of a prisoner,

(d)   

causes another person to bring, throw or otherwise convey a

List C article out of a prison on behalf of a prisoner,

(e)   

leaves a List C article in any place (whether inside or outside a

30

prison) intending it to come into the possession of a prisoner, or

(f)   

while inside a prison, gives a List C article to a prisoner,

   

is guilty of an offence.

(3)   

A person who attempts to commit an offence under subsection (2) is

guilty of that offence.

35

(4)   

In proceedings for an offence under this section it is a defence for the

accused to show that—

(a)   

he reasonably believed that he had authorisation to do the act in

respect of which the proceedings are brought, or

(b)   

in all the circumstances there was an overriding public interest

40

which justified the doing of that act.

(5)   

A person guilty of an offence under subsection (1) is liable—

(a)   

on conviction on indictment, to imprisonment for a term not

exceeding two years or to a fine (or both);

(b)   

on summary conviction, to imprisonment for a term not

45

exceeding 12 months or to a fine not exceeding the statutory

maximum (or both).

 
 

Offender Management Bill
Part 2 — Prisons

17

 

(6)   

A person guilty of an offence under subsection (2) is liable on summary

conviction to a fine not exceeding level 3 on the standard scale.

(7)   

In this section “authorisation” means authorisation given for the

purposes of this section; and subsections (1) to (3) of section 40E apply

in relation to authorisations so given as they apply to authorisations

5

given for the purposes of section 40D.”

(2)   

In section 52 of the Prison Act 1952 (c. 52) (exercise of powers to make orders

etc)—

(a)   

in subsection (1) for “or section thirty-seven” there is substituted “, 37

or 40A”; and

10

(b)   

after subsection (2) there is inserted—

“(2A)   

A statutory instrument containing an order under section

40A(7) which relates to List A (whether or not it also relates to

List B) shall not be made unless a draft of it has been laid before,

and approved by a resolution of, each House of Parliament.

15

(2B)   

A statutory instrument containing an order under section

40A(7) which relates only to List B is subject to annulment in

pursuance of a resolution of either House of Parliament.”

26      

Other offences relating to prison security

(1)   

After section 40C of the Prison Act 1952 (as substituted for section 40 of that Act

20

by section 25 above), there is inserted—

“40D    

Other offences relating to prison security

(1)   

A person who, without authorisation—

(a)   

takes a photograph, or makes a sound-recording, inside a

prison, or

25

(b)   

transmits, or causes to be transmitted, any image or any sound

from inside a prison by electronic communications for

simultaneous reception outside the prison,

   

is guilty of an offence.

(2)   

It is immaterial for the purposes of subsection (1)(a) where the

30

recording medium is located.

(3)   

A person who, without authorisation—

(a)   

brings or otherwise conveys a restricted document out of a

prison or causes such a document to be brought or conveyed

out of a prison, or

35

(b)   

transmits, or causes to be transmitted, a restricted document (or

any information derived from a restricted document) from

inside a prison by means of electronic communications,

   

is guilty of an offence.

(4)   

In proceedings for an offence under this section it is a defence for the

40

accused to show that—

(a)   

he reasonably believed that he had authorisation to do the act in

respect of which the proceedings are brought, or

(b)   

in all the circumstances there was an overriding public interest

which justified the doing of that act.

45

 
 

Offender Management Bill
Part 2 — Prisons

18

 

(5)   

A person guilty of an offence under this section is liable—

(a)   

on conviction on indictment, to imprisonment for a term not

exceeding two years or to a fine (or both); or

(b)   

on summary conviction, to imprisonment for a term not

exceeding 12 months or to a fine not exceeding the statutory

5

maximum (or both).

40E     

Section 40D: meaning of “authorisation” and other interpretation

(1)   

In section 40D (and the following provisions of this section)

“authorisation” means authorisation given for the purposes of that

section—

10

(a)   

in relation to all prisons or prisons of a specified description, by

prison rules or by the Secretary of State;

(b)   

in relation to a particular prison—

(i)   

by the Secretary of State;

(ii)   

by the governor or director of the prison;

15

(iii)   

by a person working at the prison who is authorised by

the governor or director to grant authorisation on his

behalf.

(2)   

Authorisation may be given—

(a)   

to persons generally or to specified persons or persons of a

20

specified description; and

(b)   

on such terms as may be specified.

   

In this subsection “specified” means specified in the authorisation.

(3)   

Authorisation given by or on behalf of the governor or director of a

prison must be in writing.

25

(4)   

In section 40D “restricted document” means the whole (or any part

of)—

(a)   

a photograph taken inside the prison;

(b)   

a sound-recording made inside the prison;

(c)   

a personal record (or a document containing information

30

derived from a personal record);

(d)   

any other document which contains—

(i)   

information relating to an identified or identifiable

relevant individual, if the disclosure of that information

would or might prejudicially affect the interests of that

35

individual; or

(ii)   

information relating to any matter connected with the

prison or its operation, if the disclosure of that

information would or might prejudicially affect the

security or operation of the prison.

40

(5)   

In subsection (4)—

“personal record” means any record which is required by prison

rules to be prepared and maintained in relation to any prisoner

(and it is immaterial whether or not the individual concerned is

still a prisoner at the time of any alleged offence);

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“relevant individual” means an individual who is or has at any

time been—

(a)   

a prisoner or a person working at the prison; or

 
 

Offender Management Bill
Part 2 — Prisons

19

 

(b)   

a member of such a person’s family or household.

(6)   

In section 40D and this section—

“document” means anything in which information is recorded (by

whatever means);

“electronic communications” has the same meaning as in the

5

Electronic Communications Act 2000 (c. 7);

“photograph” means a recording on any medium on which an

image is produced or from which an image (including a moving

image) may by any means be produced; and

“sound-recording” means a recording of sounds on any medium

10

from which the sounds may by any means be reproduced.”

(2)   

Section 41 of the Prison Act 1952 (c. 52) (unlawful introduction of other articles)

ceases to have effect.

(3)   

In section 42 (display of notice of penalties) for “the three last preceding

sections” there is substituted “sections 39 to 40D”.

15

27      

Offences under sections 25 and 26: extension of Crown immunity

After section 40E of the Prison Act 1952 (as inserted by section 25 above) there

is inserted—

“40F    

Offences under sections 40B, 40C or 40D: extension of Crown

immunity

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(1)   

An individual who—

(a)   

works at a prison;

(b)   

does not do that work as a servant or agent of the Crown; and

(c)   

has been designated by the Secretary of State for the purposes

of this section,

25

   

shall be treated for the purpose of the application of sections 40B, 40C

or 40D as if he were doing that work as a servant or agent of the Crown.

(2)   

A designation for the purposes of this section may be given—

(a)   

in relation to persons specified in the designation or persons of

a description so specified; and

30

(b)   

in relation to all work falling within subsection (1)(a ) or only in

relation to such activities as the designation may provide.”

Other amendments of the Prison Act 1952

28      

Removal of requirement to appoint a medical officer etc

(1)   

It is no longer a requirement for there to be a medical officer appointed under

35

section 7(1) of the Prison Act 1952 for each prison (and, accordingly, in section

7(1) the words “and a medical officer” are omitted).

(2)   

In section 128(5) of the Criminal Justice and Public Order Act 1994 (c. 33) (pay

and conditions for the prison service), for paragraph (a) there is substituted—

“(a)   

hold any post, other than as chaplain or assistant chaplain, to

40

which they have been appointed for the purposes of section 7 of

the Prison Act 1952;

 
 

Offender Management Bill
Part 3 — Other provisions about the management of offenders

20

 

(aa)   

hold any post, other than as chaplain or assistant chaplain or as

a medical officer, to which they have been appointed for the

purposes of section 2(2) of the Prison Act (Northern Ireland)

1953;”.

(3)   

Sections 17 (painful tests applied by the medical officer) and 28(5) (duties of the

5

medical officer in relation to certain prisoners) of the Prison Act 1952 (c. 52)

cease to have effect.

29      

Independent monitoring boards

(1)   

The boards appointed under section 6 of the Prison Act 1952 (boards of

visitors) are renamed as independent monitoring boards.

10

(2)   

Accordingly, in section 6 of that Act—

(a)   

for the sidenote there is substituted “Independent monitoring boards”;

(b)   

in subsection (2), for “board of visitors” there is substituted “group of

independent monitors”;

(c)   

after subsection (2) there is inserted—

15

“(2A)   

The groups so appointed are to be known as independent

monitoring boards.”; and

(d)   

in subsection (3), for “boards of visitors” there is substituted

“independent monitoring boards” and for “a board of visitors” there is

substituted “an independent monitoring board”.

20

(3)   

In section 6(2) of that Act the words from “of whom” to the end cease to have

effect.

30      

Amendment of section 8A of the Prison Act 1952

(1)   

Section 8A of the Prison Act 1952 (powers of search by authorised employees

at a directly managed prison) is amended as follows.

25

(2)   

In the side note, for “employees” there is substituted “persons”.

(3)   

In subsections (1) and (2), for “employee” there is substituted “person”.

(4)   

In subsection (3)—

(a)   

for “authorised employee” there is substituted “authorised person”;

and

30

(b)   

for “an employee” there is substituted “a person working at the

prison,”.

Part 3

Other provisions about the management of offenders

Polygraph conditions for certain offenders released on licence

35

31      

Application of polygraph condition

(1)   

The Secretary of State may include a polygraph condition in the licence of a

person to whom this section applies.

 
 

Offender Management Bill
Part 3 — Other provisions about the management of offenders

21

 

(2)   

This section applies to a person serving a relevant custodial sentence in respect

of a relevant sexual offence who—

(a)   

is released on licence by the Secretary of State under any enactment;

and

(b)   

is not aged under 18 on the day on which he is released.

5

(3)   

In this section “relevant custodial sentence” means—

(a)   

a sentence of imprisonment for a term of twelve months or more

(including such a sentence imposed under section 227 of the Criminal

Justice Act 2003 (c. 44));

(b)   

a sentence of detention in a young offender institution for a term of

10

twelve months or more;

(c)   

a sentence of detention under section 90 of the Powers of Criminal

Courts (Sentencing) Act 2000 (c. 6);

(d)   

a sentence of detention under section 91 of the Powers of Criminal

Courts (Sentencing) Act 2000 for a period of twelve months or more;

15

(e)   

a sentence of custody for life under section 93 or 94 of the Powers of

Criminal Courts (Sentencing) Act 2000; or

(f)   

a sentence of detention under section 226 or 228 of the Criminal Justice

Act 2003.

(4)   

In this section “relevant sexual offence” means—

20

(a)   

an offence specified in Part 2 of Schedule 15 to the Criminal Justice Act

2003 (specified sexual offences);

(b)   

an offence specified in paragraphs 1 to 21 of Schedule 16 to that Act

(offences under the law of Scotland); or

(c)   

an offence specified in Part 2 of Schedule 17 to that Act (offences under

25

the law of Northern Ireland).

(5)   

In section 250(4) of the Criminal Justice Act 2003 (licence conditions for

prisoners serving sentences of imprisonment of twelve months or more etc), in

paragraph (b)(i) after “Criminal Justice and Court Services Act 2000” there is

inserted “or section 31 of the Offender Management Act 2007.

30

32      

Effect of polygraph condition

(1)   

For the purposes of section 31, a polygraph condition is a condition which

requires the released person—

(a)   

to participate in polygraph sessions conducted with a view to—

(i)   

monitoring his compliance with the other conditions of his

35

licence; or

(ii)   

improving the way in which he is managed during his release

on licence;

(b)   

to participate in those polygraph sessions at such times as may be

specified in instructions given by an appropriate officer; and

40

(c)   

while participating in a polygraph session, to comply with instructions

given to him by the person conducting the session (“the polygraph

operator”).

(2)   

A polygraph session is a session during which the polygraph operator—

(a)   

conducts one or more polygraph examinations of the released person;

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and

 
 

 
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