Offender Management Bill

House of Lords

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Offender Management Bill

Offender Management Bill
Schedule 4 — Transitional and transitory provisions and savings
Part 1 — Provisions relating to Part 1
42

21    (1)
In section 14(1) (wrongful disclosure of information relating to offenders
detained at secure training centres), for “offender detained at a secure
training centre” there is substituted “person detained in youth detention
accommodation”.
      (2)
In the sidenote to section 14, for “offenders detained at secure training
5
centres” there is substituted “persons detained in youth detention
accommodation”.
22
In section 15 (interpretation of sections 7 to 14), after the definition of “sub-
contractor” there is inserted—
““youth detention accommodation” has the meaning given by
10
section 107(1) of the Powers of Criminal Courts (Sentencing)
Act 2000.”
23
In paragraph 2(1)(b) of Schedule 1, for “offenders” there is substituted
“detained persons”.
24
In paragraph 3 of Schedule 1—
15
(a)
in paragraphs (a) and (b) of sub-paragraph (1), for “offender” there is
substituted “detained person”, and
(b)
in sub-paragraph (3), for “offenders” there is substituted “detained
persons”.
Schedule 4
20
Section 42

Transitional and transitory provisions and savings
Part 1
Provisions relating to Part 1
Compensation for certain former chief officers of local probation boards
1
The Secretary of State may pay such compensation as he considers
25
appropriate to any person who—
(a)
ceases to hold office as chief officer of a local probation board by
virtue of the abolition of the board by virtue of this Part; and
(b)
has not been appointed as chief executive of a probation trust before
ceasing to hold office as chief officer.
30
Continuity of employment where chief officer is appointed chief executive of a probation trust
2     (1)
If a person who holds office as chief officer of a local probation board is
appointed as chief executive of a probation trust, his period of Crown
employment in that office (including any period mentioned in section 22(2)
of the Criminal Justice and Court Services Act 2000 (c. 43) for former chief
35
probation officers) counts as a period of employment with the probation
trust.
      (2)
In this paragraph “Crown employment” means the employment in which
the chief executive of a local probation board was, by virtue of paragraph
3(5) of Schedule 1 to that Act, treated as being employed for the purposes of
40
the Employment Rights Act 1996 (c. 18).

Offender Management Bill
Schedule 4 — Transitional and transitory provisions and savings
Part 3 — Provisions relating to Part 3
43

General saving for existing functions of the Secretary of State
3
Nothing in the provisions of Part 1 conferring functions on the Secretary of
State affects any other functions of his which are exercisable for any purpose
that corresponds to any of the section 1 purposes.
Interpretation
5
4
Expressions used in this Part of this Schedule have the same meaning as in
Part 1.
Part 2
Provisions relating to Part 2
Penalty for offences under sections 40C & 40D of the Prison Act 1952
10
5
In the application of section 40C and 40D of the Prison Act 1952 (c. 52)
(inserted by sections 25 and 26) in relation to offences committed before the
commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44)
(limit on magistrates’ court’s powers to impose imprisonment), the
reference in subsection (5)(b) of those sections to 12 months is to be read as
15
a reference to 6 months.
Part 3
Provisions relating to Part 3
Imprisonment of offenders aged 18 or over but under 21
20
6     (1)
Sub-paragraph (2) applies if section 38(4)(a) comes into force before the day
on which 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.) comes into force (or fully into force).
      (2)
The provision that may be made by order under section 41(1) includes
25
provision modifying the provision inserted by section 38(4)(a) of this Act
with respect to sentences passed, or other things done, at any time before
section 61 of that Act comes into force (or fully into force).
Remand centres
7
If section 59 of the Criminal Justice and Court Services Act 2000 (abolition of
30
remand centres) has not come into force (or fully into force) before the
coming into force of paragraph 16(2) of Schedule 3, that paragraph has effect
until section 59 of the Criminal Justice and Court Services Act 2000 comes
into force (or comes fully into force) as if after “prison” (in the second place
it occurs) there were inserted “, remand centre”.
35

Offender Management Bill
Schedule 5 — Repeals
Part 2 — Prisons etc
44

Schedule 5
Section 42

Repeals
Part 1
Probation services

Short title and chapter
Extent of repeal

5

Criminal Justice and Court
Sections 1 to 5.

Services Act 2000 (c. 43)
In section 6(1), the words from “but” to the end.

Sections 8 to 10.

In section 18, subsection (2)(b), in subsection (3)

the words “a local probation board or” and in

10

subsection (4) the words “a probation

committee”.

Section 20(2).

Section 21(5).

Sections 22 and 23.

15

In section 25, the definition of “approved

premises”.

In section 78, the definition of “local probation

board”.

Schedule 1.

20

Local Government and Public
In section 80(3), the word “and” after paragraph

Involvement in Health Act
(g)(ii).

2007 (c. 00)

Part 2
Prisons etc
25

Short title and chapter
Extent of repeal

Prison Act 1952 (c. 52)
In section 6(2), the words from “of whom” to the

end.

In section 7, in subsection (1), the words “and a

medical officer” and, in subsection (4) the

30

words from “and the medical officer” to the

end.

Section 17.

Section 28(5).

Section 41.

35

Race Relations Act 1976 (c. 74)
In Part 2 of Schedule 1A, the entry relating to a

board of visitors for a prison.

Criminal Justice Act 1991 (c. 53)
In section 85, in subsection (2) the words

“Subject to subsection (3) below” and

subsection (3).

40

Criminal Justice and Public
Section 97(3).

Order Act 1994 (c. 33)
In Schedule 10, paragraph 68.

Freedom of Information Act
In Part 6 of Schedule 1, the entry relating to a

2000 (c. 36)
board of visitors for a prison.

Offender Management Bill
Schedule 5 — Repeals
Part 3 — Miscellaneous
45

Part 3
Miscellaneous

Short title and chapter
Extent of repeal

Criminal Justice and Public
In the sidenote to section 13, the words “at

Order Act 1994 (c. 33)
secure training centres”.

5

In Schedule 1, in paragraph 4, the word “and” at

the end of the definition of “escort

arrangements” and the definitions of

“offender” and “secure training centre”.

Powers of Criminal Courts
In section 102(1) the words “or by such other

10

(Sentencing) Act 2000 (c. 6)
person as may be authorised by him for that

purpose”.

Criminal Justice Act 2003 (c. 44)
Section 202(3)(b).