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Other Bills before Parliament

Offender Management Bill


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

22

 

(b)   

interviews the released person in preparation for, or otherwise in

connection with, any such examination.

(3)   

For the purposes of subsection (2), a polygraph examination is a procedure in

which—

(a)   

the polygraph operator questions the released person;

5

(b)   

the questions and the released person’s answers are recorded; and

(c)   

physiological reactions of the released person while being questioned

are measured and recorded by means of equipment of a type approved

by the Secretary of State.

(4)   

In subsection (1)(b) “appropriate officer” means an officer of a provider of

10

probation services or an officer of a local probation board.

(5)   

An appropriate officer giving instructions as mentioned in subsection (1)(b)

must have regard to any guidance issued by the Secretary of State.

(6)   

The Secretary of State may make rules relating to the conduct of polygraph

sessions.

15

(7)   

The rules may, in particular—

(a)   

require polygraph operators to be persons who satisfy such

requirements as to qualifications, experience and other matters as are

specified in the rules;

(b)   

make provision about the keeping of records of polygraph sessions;

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and

(c)   

make provision about the preparation of reports on the results of

polygraph sessions.

(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

25

of Parliament.

33      

Use in criminal proceedings of evidence from polygraph sessions

(1)   

Evidence of any matter mentioned in subsection (2) may not be used in any

proceedings against a released person for an offence.

(2)   

The matters so excluded are—

30

(a)   

any statement made by the released person while participating in a

polygraph session; and

(b)   

any physiological reactions of the released person while being

questioned in the course of a polygraph examination.

(3)   

In this section “polygraph examination” and “polygraph session” have the

35

same meaning as in section 31.

Accreditation of programmes

34      

Accreditation of programmes for purposes of programme requirements

(1)   

In section 202 of the Criminal Justice Act 2003 (programme requirements)—

(a)   

in subsection (2), for “accreditation body” there is substituted

40

“Secretary of State for the purposes of this section”; and

(b)   

subsection (3)(b) is omitted.

 
 

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

23

 

(2)   

Any programme which immediately before the commencement of this section

is accredited for the purposes of section 202 is to be treated as a programme

accredited by the Secretary of State.

Young Offenders

35      

Functions of Youth Justice Board

5

(1)   

Section 41 of the Crime and Disorder Act 1998 (c. 37) (the Youth Justice Board)

is amended as follows.

(2)   

In subsection (5), after paragraph (j) there is inserted—

“(ja)   

at the request of the Secretary of State, to assist him in carrying

out his functions in relation to the release of offenders detained

10

in accommodation which is youth detention accommodation,

within the meaning given by section 107(1) of the Powers of

Criminal Courts (Sentencing) Act 2000;”.

(3)   

After subsection (6) there is inserted—

“(6A)   

The power of the Secretary of State under subsection (6)(b) includes

15

power—

(a)   

to provide that, in relation to any function of his that is

exercisable in respect of particular cases, the function is to be

exercisable by the Board only—

(i)   

where it proposes to exercise the function in a particular

20

manner, or

(ii)   

in respect of a class of case specified in the order, and

(b)   

to make any supplementary, incidental or consequential

provision (including provision for any enactment to apply

subject to modifications).”

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36      

Detention and training orders: early release

(1)   

In section 102(4) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

(early release from period of detention)—

(a)   

in paragraph (a), for “one month before” there is substituted “at any

time during the period of one month ending with”, and

30

(b)   

in paragraph (b), for “one month or two months before” there is

substituted “at any time during the period of two months ending with”.

(2)   

The amendments made by subsection (1) apply in relation to an offender

detained under a detention and training order which comes into force before

this section comes into force as they apply in relation to an offender detained

35

under a detention and training order which comes into force after this section.

37      

Accommodation in which period of detention and training to be served

(1)   

The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.

(2)   

In section 102 (the period of detention and training under a detention and

training order), in subsection (1)—

40

(a)   

for “secure” there is substituted “youth detention”, and

 
 

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

24

 

(b)   

the words “or by such other person as may be authorised by him for

that purpose” are omitted.

(3)   

In section 104 (breach of supervision requirements), in subsection (3)(a) for

“secure” there is substituted “youth detention”.

(4)   

In section 105 (offences during currency of order), in each of subsections (2)

5

and (3), for “secure” there is substituted “youth detention”.

(5)   

In the heading to section 107 (meaning of “secure accommodation” and

references to terms), for “secure” there is substituted “youth detention”.

(6)   

In section 107(1)—

(a)   

for ““secure accommodation”” there is substituted ““youth detention

10

accommodation””,

(b)   

in paragraph (c), after “by” there is inserted “or on behalf of”, and

(c)   

for paragraph (e) there is substituted—

“(e)   

such other accommodation or descriptions of

accommodation as the Secretary of State may by order

15

specify.”

(7)   

In section 160 (rules and orders)—

(a)   

in subsection (2)(b), after “68,” there is inserted “107(1)(e)”, and

(b)   

in subsection (5)(a), for “or 40C(2)” there is substituted “, 40C(2) or

107(1)(e)”.

20

38      

Escort arrangements

(1)   

Schedule 1 to the Criminal Justice and Public Order Act 1994 (c. 33) (escort

arrangements: England and Wales) is amended as follows.

(2)   

In the heading to paragraph 1, for “offenders detained at secure training

centres” substitute “persons detained in youth detention accommodation”.

25

(3)   

In paragraph 1 (arrangements for the escort of offenders detained at secure

training centres)—

(a)   

in sub-paragraph (1), for “offenders” in paragraphs (a) and (b) there is

substituted “detained persons” and for paragraphs (c) and (d) there is

substituted—

30

“(c)   

the custody of detained persons temporarily held in

youth detention accommodation in the course of

delivery from one such place of accommodation to

another; and

(d)   

the custody of detained persons while they are outside a

35

place of youth detention accommodation for temporary

purposes,”, and

(b)   

in sub-paragraph (2), for “a court, secure training centre” there is

substituted “a place of youth detention accommodation or a court”.

(4)   

In paragraph 4 (interpretation)—

40

(a)   

before the definition of “escort arrangements” there is inserted—

““detained person” means a person remanded or

committed to accommodation which is youth detention

accommodation or detained in any such

accommodation pursuant to a sentence or order

45

requiring the person to be detained;”, and

 
 

Offender Management Bill
Part 4 — Supplemental

25

 

(b)   

the definitions of “offender” and “secure training centre” are omitted.

Part 4

Supplemental

39      

Orders and regulations

(1)   

Any power of the Secretary of State to make an order or regulations under this

5

Act is exercisable by statutory instrument.

(2)   

An order or regulations under this Act may make—

(a)   

different provision for different purposes or different areas;

(b)   

incidental, supplemental, consequential, saving or transitional

provision.

10

(3)   

A statutory instrument containing an order or regulations under—

(a)   

section 6(1) or (3)(c),

(b)   

section 15(2)(h) or (7),

(c)   

section 16, or

(d)   

section 41(2)(a),

15

   

may not be made unless a draft of it has been laid before and approved by a

resolution of each House of Parliament.

(4)   

A statutory instrument containing any other order or regulations under this

Act is subject to annulment in pursuance of a resolution of either House of

Parliament.

20

(5)   

In this section references to an order do not include an order under section 44.

40      

Financial provisions

There is to be paid out of money provided by Parliament—

(a)   

any sums required by the Secretary of State in connection with the

making and implementation of arrangements for the provision of

25

probation services under section 3;

(b)   

any other expenditure incurred by the Secretary of State by virtue of

this Act;

(c)   

any increase attributable to this Act in the sums payable by virtue of

any other Act out of money so provided.

30

41      

Power to make consequential and transitional provision etc

(1)   

The Secretary of State may by order make—

(a)   

any supplemental, incidental or consequential provision which he

considers necessary or expedient for the purposes of, in consequence

of, or for giving full effect to any provision of this Act, and

35

(b)   

any transitory, transitional or saving provision which he considers

appropriate in connection with the coming into force of any provision

of this Act.

(2)   

An order under subsection (1) may, in particular—

(a)   

amend, repeal or revoke any enactment;

40

 
 

Offender Management Bill
Part 4 — Supplemental

26

 

(b)   

provide for any provision of this Act which comes into force before

another provision has come into force to have effect, until that other

provision has come into force, with specified modifications.

(3)   

In subsection (2)(a) “enactment” includes any provision contained in—

(a)   

an Act or subordinate legislation,

5

(b)   

an Act of the Scottish Parliament or any instrument made under such

an Act, and

(c)   

Northern Ireland legislation or any instrument made under Northern

Ireland legislation,

   

which is passed or made before the end of the Session after that in which this

10

Act is passed.

(4)   

In subsection (3) “subordinate legislation” and “Northern Ireland legislation”

have the same meaning as in the Interpretation Act 1978 (c. 30).

(5)   

The amendments that may be made by virtue of subsection (2)(a) are in

addition to those made by or under any other provision of this Act.

15

(6)   

Nothing in this section limits the power under section 44(5) to include

transitional or saving provision in a commencement order.

42      

Minor and consequential amendments, transitionals, and repeals

Schedules 3 (minor and consequential amendments), 4 (transitional and

transitory provisions and savings) and 5 (repeals) have effect.

20

43      

Extent

(1)   

Subject as follows, the preceding provisions of this Act extend to England and

Wales only.

(2)   

Sections 39 and 41 extend also to Northern Ireland and Scotland.

(3)   

Any amendment or repeal made by this Act has the same extent as the

25

provision to which it relates.

44      

Commencement

(1)   

Section 18 comes into force on the day on which this Act is passed.

(2)   

Apart from section 18, Part 1 of this Act comes into force on such day as the

Secretary of State may appoint by order made by statutory instrument, but no

30

such order may be made until the end of a period of 60 days commencing with

the laying of a report under section 18.

(3)   

Parts 2 to 4 of this Act shall come into force on such day as the Secretary of State

may appoint by order made by statutory instrument.

(4)   

Different provision may be made under this section for different purposes and

35

for different areas.

(5)   

An order under this section may contain transitional provisions or savings

relating to the provisions being brought into force by the order.

(6)   

An order under this section bringing anything in sections 31 and 32 into force,

other than an order which makes the provision permitted by subsection (7)(a)

40

or (6), may not be made unless a draft of the statutory instrument containing

 
 

Offender Management Bill
Part 4 — Supplemental

27

 

the order has been laid before, and approved by a resolution of, each House of

Parliament.

(7)   

An order which brings those sections into force only in relation to a specified

area may—

(a)   

provide that they are to be in force in relation to that area only for a

5

specified period; and

(b)   

make transitional provisions or savings relating to those sections’

ceasing to be in force at the end of the specified period.

(8)   

An order containing the provision permitted by subsection (7)(a) may be

amended by a subsequent order under this section so as to continue those

10

sections in force in relation to the area concerned for a further specified period.

45      

Short title

This Act may be cited as the Offender Management Act 2007.

 
 

 
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Revised 6 July 2007