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

8

 

Management Act 2007 (power to make arrangements for the provision

of probation services)”; and

(b)   

in subsection (6), after “section 1” there is inserted “of the Offender

Management Act 2007”.

14      

Approved premises

5

(1)   

The Secretary of State may approve premises in which accommodation is

provided—

(a)   

for persons granted bail in criminal proceedings (within the meaning of

the Bail Act 1976 (c. 63)); or

(b)   

for, or in connection with, the supervision or rehabilitation of persons

10

convicted of offences;

   

and in this section “approved premises” means premises which are for the time

being approved under this subsection.

(2)   

The Secretary of State may make regulations for the regulation, management

and inspection of approved premises.

15

(3)   

The Secretary of State may make payments to any person in connection with —

(a)   

the operation of approved premises, or

(b)   

constructing, enlarging or improving premises, if they are approved

premises or the works are being carried out with a view to the premises

becoming approved premises,

20

   

to any person who incurs expenditure on the activities in question.

(4)   

Payments under subsection (3) may be made on conditions (including

conditions requiring repayment in specified circumstances).

(5)   

The power to make payments under subsection (3) is without prejudice to the

powers of the Secretary of State under sections 2 to 7.

25

(6)   

References in any Act or subordinate legislation (within the meaning of the

Interpretation Act 1978 (c. 30)) to an approved bail hostel or an approved

probation hostel are to be read as a reference to approved premises.

(7)   

In paragraph 2(7) of Schedule 2 to the Private Security Industry Act 2001 (c. 12)

(activities not liable to control under the Act), after paragraph (l) there is

30

inserted—

“(m)   

activities of a person who is acting as a manager of

any approved premises (within the meaning of

section 14 of the Offender Management Act 2007).”

15      

Disclosure for offender management purposes

35

(1)   

This section applies to—

(a)   

the Secretary of State;

(b)   

a provider of probation services (other than the Secretary of State);

(c)   

an officer of a provider of probation services; and

(d)   

a person carrying out activities in pursuance of arrangements made by

40

a provider of probation services as mentioned in section 3(3)(c).

(2)   

In this section “listed person” means—

(a)   

a government department;

(b)   

a relevant local authority;

 
 

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

9

 

(c)   

the Youth Justice Board for England and Wales;

(d)   

the Parole Board for England and Wales;

(e)   

a relevant contractor;

(f)   

a chief officer of police;

(g)   

a person who is responsible for securing the electronic monitoring of an

5

individual; and

(h)   

any other person specified or described in regulations made by the

Secretary of State.

(3)   

Information may be disclosed—

(a)   

by a person to whom this section applies—

10

(i)   

to another person to whom this section applies, or

(ii)   

to a listed person, or

(b)   

by a listed person to a person to whom this section applies,

   

but only if the disclosure is necessary or expedient for any of the purposes

mentioned in subsection (4).

15

(4)   

Those purposes are—

(a)   

the probation purposes;

(b)   

the performance of functions relating to prisons or prisoners of—

(i)   

the Secretary of State;

(ii)   

any other person to whom this section applies; or

20

(iii)   

any listed person; and

(c)   

any other purposes connected with the management of offenders

(including the development or assessment of policies relating to

matters connected with the management of offenders).

(5)   

In subsection (4)(b)—

25

(a)   

the reference to prisons or prisoners includes a reference to—

(i)   

young offender institutions or persons detained in such

institutions; and

(ii)   

secure training centres or persons detained in such centres;

(b)   

the reference to functions, in relation to a listed person who is a relevant

30

contractor, includes activities connected with the making or

performance of a contract mentioned in subsection (9).

(6)   

Nothing in this section—

(a)   

affects any power to disclose information that exists apart from this

section; or

35

(b)   

authorises the disclosure of any information in contravention of any

provision contained in an enactment (whenever passed or made) which

prevents disclosure of the information.

(7)   

But the Secretary of State may by order amend or repeal any provision

mentioned in subsection (6)(b) which is contained in an enactment passed or

40

made before the end of the Session in which this Act is passed so as to enable

disclosures that would otherwise be permitted under this section.

(8)   

In this section “relevant local authority” means a county council in England, a

Welsh county council or county borough council, a district council, a London

borough council, the Common Council of the City of London or the Council of

45

the Isles of Scilly.

(9)   

In this section “relevant contractor” means—

 
 

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

10

 

(a)   

a person who has entered into a contract for the running of, or of part

of—

(i)   

a prison or young offender institution under section 84 of the

Criminal Justice Act 1991 (c. 53);

(ii)   

a secure training centre under section 7 of the Criminal Justice

5

and Public Order Act 1994 (c. 33);

   

or a sub-contractor of such a person (within the meaning of the section

in question); or

(b)   

a person who has entered into a contract with the Secretary of State—

(i)   

under section 80 of the Criminal Justice Act 1991 for the

10

purposes of prisoner escort arrangements (see subsection (2) of

that section); or

(ii)   

under paragraph 1 of Schedule 1 to the Criminal Justice and

Public Order Act 1994 for the purposes of escort arrangements

for offenders detained at secure training centres (see paragraph

15

1(3) of that Schedule).

(10)   

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

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

16      

Power to repeal section 5

(1)   

The Secretary of State may by order repeal section 5.

20

(2)   

The power under this section includes power to provide for that section to

cease to have effect for such purposes as may be specified in the order.

17      

Procedure for orders under section 16

(1)   

The Secretary of State must not make an order under section 16 unless—

(a)   

a draft of the order has been laid before and approved by a resolution

25

of each House; and

(b)   

each of the resolutions for approving the draft was agreed more than 60

days after the day on which the draft was laid before the House in

question.

(2)   

No draft order under section 16 is to be laid before Parliament unless—

30

(a)   

the Secretary of State has prepared and published a report containing a

proposal for the making of such provision;

(b)   

the report sets out the Secretary of State’s reasons for making the

proposal;

(c)   

the report has been laid before Parliament and each House has

35

approved the proposal contained in the report, either with or without

modifications; and

(d)   

the draft order gives effect to the proposal so far as approved by both

Houses.

(3)   

An approval given in either House satisfies the requirements of subsection

40

(2)(c) only if it was given in that House on the first occasion on which a motion

for the approval of the proposal was made in that House by a Minister of the

Crown after—

(a)   

the laying of the report; or

(b)   

if more than one report containing that proposal has been laid before

45

that House, the laying of the one laid most recently.

 
 

Offender Management Bill
Part 2 — Prisons

11

 

(4)   

In reckoning a period of 60 days for the purposes of subsection (1), no account

shall be taken of a day for which—

(a)   

Parliament is dissolved or prorogued; or

(b)   

the House in question is adjourned as part of an adjournment for more

than four days.

5

18      

Probation report

(1)   

Within a period of six months of the coming into force of this Act, the Secretary

of State shall lay a report before both Houses of Parliament containing—

(a)   

a review of the proposals contained within the report published on 11th

December 2003 “Managing Offenders, Reducing Crime: A New

10

Approach”;

(b)   

the collated responses to the consultation document “Restructuring

Probation to Reduce Re-Offending”;

(c)   

a review of the responses referred to in paragraph (b); and

(d)   

proposals for reform of the Probation Service.

15

(2)   

The Secretary of State must include in a report under subsection (1) notification

of when he will exercise his power under section 44(2).

Part 2

Prisons

Contracted out prisons and secure training centres

20

19      

Power of search in contracted out prisons and secure training centres

(1)   

In section 86 of the Criminal Justice Act 1991 (c. 53) (powers and duties of

prisoner custody officers in contracted out prisons)—

(a)   

in subsection (1)(b), after “search” there is inserted “in accordance with

prison rules”; and

25

(b)   

in subsection (2), for the words from “remove” to the end there is

substituted “submit to an intimate search (within the meaning of

section 164(5) of the Customs and Excise Management Act 1979).”.

(2)   

In section 9 of the Criminal Justice and Public Order Act 1994 (c. 33) (powers

and duties of custody officers in contracted out secure training centres)—

30

(a)   

in subsection (1)(b), after “search” there is inserted “in accordance with

secure training centre rules”; and

(b)   

in subsection (2), for the words from “remove” to the end there is

substituted “submit to an intimate search (within the meaning of

section 164(5) of the Customs and Excise Management Act 1979).”.

35

20      

Power of detention in contracted out prisons and secure training centres

(1)   

After section 86 of the Criminal Justice Act 1991 there is inserted—

“86A    

Power of prisoner custody officers to detain suspected offenders

(1)   

A prisoner custody officer performing custodial duties at a contracted

out prison shall have the following powers in relation to any person

40

 
 

Offender Management Bill
Part 2 — Prisons

12

 

who is in or is seeking to enter the prison (other than a prisoner

confined in the prison).

(2)   

Where the officer has reason to believe that the person is committing or

has committed an offence under any of sections 39 to 40D of the Prison

Act 1952, the officer may—

5

(a)   

require the person to wait with him for the arrival of a constable

for such period as may be necessary (not exceeding two hours);

and

(b)   

use reasonable force to prevent the person from making off

while subject to a requirement under paragraph (a).

10

(3)   

A person who makes off while subject to such a requirement is guilty

of an offence and liable, on summary conviction, to a fine not exceeding

level 3 on the standard scale.

(4)   

In subsection (2), a reference to an offence under a particular provision

includes a reference to any offence consisting of an attempt to commit,

15

incitement or conspiracy to commit, or aiding, abetting, counselling or

procuring the commission of, an offence under that provision.”

(2)   

In section 88A(2) of that Act (contracted out functions at a directly managed

prison)—

(a)   

for “Section 86” there is substituted “Sections 86 and 86A”; and

20

(b)   

for “it applies” there is substituted “they apply”.

(3)   

After section 9 of the Criminal Justice and Public Order Act 1994 (c. 33) there is

inserted—

“9A     

Power of custody officers to detain suspected offenders

(1)   

A custody officer performing custodial duties at a contracted out secure

25

training centre shall have the following powers in relation to any

person who is in or is seeking to enter the centre (other than a person

detained in the centre).

(2)   

Where the officer has reason to believe that the person is committing or

has committed an offence under any of sections 39 to 40D of the Prison

30

Act 1952, the officer may—

(a)   

require the person to wait with him for the arrival of a constable

for such period as may be necessary (not exceeding two hours);

and

(b)   

use reasonable force to prevent the person from making off

35

while subject to a requirement under paragraph (a).

(3)   

A person who makes off while subject to such a requirement is guilty

of an offence and liable, on summary conviction, to a fine not exceeding

level 3 on the standard scale.

(4)   

In subsection (2), a reference to an offence under a particular provision

40

includes a reference to any offence consisting of an attempt to commit,

incitement or conspiracy to commit, or aiding, abetting, counselling or

procuring the commission of, an offence under that provision.”

(4)   

In section 11(2) of that Act (contracted out functions at directly managed secure

training centres)—

45

(a)   

for “Section 9” there is substituted “Sections 9 and 9A”; and

 
 

Offender Management Bill
Part 2 — Prisons

13

 

(b)   

for “it applies” there is substituted “they apply”.

21      

Powers of authorised persons to perform custodial duties and search

prisoners

(1)   

The Criminal Justice Act 1991 (c. 53) is amended as follows.

(2)   

After section 86A (inserted by section 20 above) there is inserted—

5

“86B    

Powers of authorised persons to perform custodial duties

(1)   

In this section—

“restricted activity” means an activity which is (apart from this

section) required by section 85(1) to be carried out by an officer

of a contracted-out prison who is—

10

(a)   

a prisoner custody officer authorised to perform

custodial duties; or

(b)   

a prison officer temporarily attached to the prison; and

“worker”, in relation to a contracted out prison, means a person

who works at the prison, other than an officer mentioned above.

15

(2)   

The Secretary of State may by order specify descriptions of restricted

activity that may be the subject of authorisations under subsection (3)

given to workers at a contracted-out prison.

(3)   

A worker at a contracted-out prison may carry out any activity of a

description specified under subsection (2), but only if and to the extent

20

that he is for the time being authorised to do so by the director of the

prison.

(4)   

The director may give such authorisation—

(a)   

in general or specific terms, subject to any limitations or

conditions he considers appropriate; and

25

(b)   

to one or more particular workers or to any worker who is (or

comes to be) within a specified description of workers at the

prison.

(5)   

Nothing in an order or authorisation under this section is to be taken as

authorising the use of force.

30

(6)   

An order under this section shall be made by statutory instrument

which shall be subject to annulment in pursuance of a resolution of

either House of Parliament.”

(3)   

In section 85(1) (officers of contracted out prisons), after “shall”, in the words

following paragraph (b), there is inserted “(subject to section 86B)”.

35

22      

Powers of director of a contracted out prison

Section 85(3) of the Criminal Justice Act 1991 (director of a contracted out

prison not to exercise certain adjudication powers or order removal etc of

prisoner) shall cease to have effect.

23      

Amendment of section 87 of the Criminal Justice Act 1991

40

(1)   

Section 87 of the Criminal Justice Act 1991 (modification of Prison Act 1952 in

its application to a contracted out prison) is amended as follows.

 
 

Offender Management Bill
Part 2 — Prisons

14

 

(2)   

For subsection (3) there is substituted—

“(3)   

Section 8 (powers of prison officers) shall not apply (but this does not

affect the powers of a prison officer who is temporarily attached to the

prison).”

(3)   

In subsection (4), after “sections” there is inserted “8A(3), (4) and (5)”.

5

Offences relating to prison security

24      

Assisting a prisoner to escape

For section 39 of the Prison Act 1952 (c. 52) there is substituted—

“39     

Assisting a prisoner to escape

(1)   

A person who—

10

(a)   

assists a prisoner in escaping or attempting to escape from a

prison, or

(b)   

intending to facilitate the escape of a prisoner—

(i)   

brings, throws or otherwise conveys anything into a

prison,

15

(ii)   

causes another person to bring, throw or otherwise

convey anything into a prison, or

(iii)   

gives anything to a prisoner or leaves anything in any

place (whether inside or outside a prison),

   

is guilty of an offence.

20

(2)   

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

on indictment to imprisonment for a term not exceeding ten years.”

25      

 Conveyance of prohibited articles into or out of prison

(1)   

For section 40 of the Prison Act 1952 there is substituted—

“40A    

Sections 40B and 40C: classification of articles

25

(1)   

This section defines the categories of articles which are referred to in

sections 40B and 40C.

(2)   

A List A article is any article or substance in the following list (“List

A”)—

(a)   

a controlled drug (as defined for the purposes of the Misuse of

30

Drugs Act 1971);

(b)   

an explosive;

(c)   

any firearm or ammunition (as defined in section 57 of the

Firearms Act 1968);

(d)   

any other offensive weapon (as defined in section 1(9) of the

35

Police and Criminal Evidence Act 1984).

(3)   

A List B article is any article or substance in the following list (“List

B”)—

(a)   

alcohol (as defined for the purposes of the Licensing Act 2003);

(b)   

a mobile telephone;

40

(c)   

a camera;

 
 

 
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