Management of Offenders and Sentencing Bill [HL]

House of Lords

Session 2004 - 05
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Other Bills before Parliament

Management of Offenders and Sentencing Bill [HL]

Management of Offenders and Sentencing Bill [HL]
Part 1 — The National Offender Management Service
1

A
Bill
To
Make further provision with respect to the management of offenders, the
functions of local probation boards and prisons; to provide for the
appointment and functions of Her Majesty’s Commissioner for Offender
Management and Prisons; to make provision about fines and other matters
relating to sentencing; to make provision for the electronic monitoring of
persons on bail; 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
The National Offender Management Service
1
Aims of the Service
(1)
This section applies to—
(a)
the functions of the Secretary of State relating to prisons or persons
5
detained in prison;
(b)
the functions of prison officers;
(c)
the functions of the Secretary of State under Chapter 1 of Part 1 of the
Criminal Justice and Court Services Act 2000 (c. 43), so far as they may
be exercised for the purposes mentioned in section 1 of that Act; and
10
(d)
the functions of local probation boards and of officers of local probation
boards, so far as they may be exercised for those purposes.
(2)
In exercising those functions the person concerned shall have regard to the
following aims—
(a)
the protection of the public;
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(b)
the reduction of re-offending;
(c)
the proper punishment of offenders;
(d)
ensuring offenders’ awareness of the effects of crime on victims and the
public;

HL Bill 16 53/4

Management of Offenders and Sentencing Bill [HL]
Part 1 — The National Offender Management Service
2

(e)
the rehabilitation of offenders.
(3)
Nothing in subsection (2) affects the obligation of the person concerned to
discharge any duties, or to comply with any requirements, imposed on him
apart from this section.
(4)
In subsection (1)—
5
(a)
the reference in paragraph (a) to the Secretary of State is a reference to
the Secretary of State having responsibility for prisons;
(b)
“prison” includes a young offender institution; and
(c)
“functions” means statutory functions, that is to say, functions
conferred by or under any Act (including, in the case of prison officers,
10
functions exercisable by virtue of section 8 of the Prison Act 1952 (c. 52)
(constabulary powers etc)).
(5)
Section 2 of the Criminal Justice and Court Services Act 2000 (c. 43) (the effect
of which is reproduced by this section) shall cease to have effect.
2
Contracting-out by local probation boards: specific directions
15
(1)
Section 5 of the Criminal Justice and Court Services Act 2000 (arrangements for
performing certain functions of local probation boards) is amended as follows.
(2)
After subsection (2) there is inserted—
“(2A)
The Secretary of State may (without prejudice to the generality of any
power to give directions apart from this subsection) give a direction to
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a local probation board—
(a)
requiring the board to take specified steps with a view to
securing that—
(i)
specified provision is made on behalf of the board
through arrangements made with a specified
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organisation;
(ii)
a specified function conferred on officers of the board is
performed by a specified individual through
arrangements made with that individual; or
(iii)
the terms of any arrangements to be made by the board
30
include (or do not include) specified terms;
(b)
requiring the board not to make specified arrangements, or
arrangements of a specified description, with any person;

and in this subsection “arrangements” means arrangements of the kind
mentioned in subsection (2)(a) or (b) and “specified” means specified in
35
the direction.”
(3)
In subsection (3) for “such arrangements” there is substituted “arrangements
under this section”.
3
Disclosure of information
After section 5 of the Criminal Justice and Court Services Act 2000 (functions
40
of local probation boards) there is inserted—
“5A
Disclosure of information by and to local probation boards etc
(1)
This section is about the disclosure of certain information by or to a
local probation board (“the board”).

Management of Offenders and Sentencing Bill [HL]
Part 1 — The National Offender Management Service
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(2)
Information held by or on behalf of the board which relates to any
individual in respect of whom the board has performed any functions
may be disclosed by the board to—
(a)
another local probation board,
(b)
the Secretary of State,
5
(c)
a contractor in relation to a contracted-out prison,
(d)
any person who is made responsible for securing the electronic
monitoring of that individual,
(e)
a chief officer of police,

in any case where the disclosure is necessary or expedient for relevant
10
purposes.
(3)
Information held by or on behalf of a person mentioned in paragraphs
(a) to (e) of subsection (2) which relates to an individual may be
disclosed by that person to the board in any case where the disclosure
is necessary or expedient for relevant purposes.
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(4)
References in subsections (1) to (3) to a local probation board include a
reference to a person carrying out activities for the board.
(5)
In this section “relevant purposes” means the purposes of any of the
following—
(a)
the functions of the board or of another local probation board;
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(b)
the activities of any person carrying out activities for the board
or for another local probation board;
(c)
the functions of the Secretary of State under this Chapter;
(d)
the functions of the Secretary of State relating to prisons or to
prisoners;
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(e)
the activities of a contractor in relation to a contracted-out
prison;
(f)
the activities of a person responsible for the electronic
monitoring of an individual; or
(g)
the functions of a chief officer of police.
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(6)
In this section references to a person carrying out activities for a local
probation board are to any organisation or individual carrying out
activities in pursuance of arrangements mentioned in section 5(2) made
by that board.
(7)
In this section “contractor” in relation to a contracted-out prison
35
means—
(a)
a person who has contracted with the Secretary of State for the
running of it or part of it under section 84 of the Criminal Justice
Act 1991 (c. 53); or
(b)
a person who has contracted with a person within paragraph (a)
40
for the running of it or any part of it.
(8)
Nothing in this section affects any power to disclose that exists apart
from this section.
(9)
Nothing in this section authorises the disclosure of any information in
contravention of any provision made by or under an enactment which
45
prohibits or restricts disclosure of the information.”

Management of Offenders and Sentencing Bill [HL]
Part 1 — The National Offender Management Service
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4
Offender management: sentence plans
(1)
It is the duty of a local probation board to secure that—
(a)
a sentence plan for each offender for whom the board is responsible
is—
(i)
prepared as soon as practicable after the offender is sentenced;
5
and
(ii)
kept under review, and revised as necessary, during the period
of the offender’s sentence; and
(b)
an officer of the board (“the offender manager”) is responsible for
preparing, keeping under review and revising the sentence plan for
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each such offender.
(2)
For this purpose “offender” means a person convicted of an offence who
receives either of the following sentences—
(a)
a custodial sentence (as defined by section 76 of the Powers of Criminal
Courts (Sentencing) Act 2000 (c. 6)); or
15
(b)
a community order (as defined by section 177 of the Criminal Justice
Act 2003 (c. 44)) other than one within section 197(1)(a) or (b) of that
Act;

but does not include a person who is aged under 18 on the date of conviction.
(3)
In subsection (2) “custodial sentence” and “community order” do not include
20
anything passed or made before the commencement of this section.
(4)
Where an offender is subject to two or more sentences mentioned in subsection
(2), the sentence plan required by this section is a single sentence plan covering
all of the sentences.
(5)
Where an offender who is the responsibility of one probation board becomes
25
the responsibility of another probation board, that other probation board also
takes over the duty to secure that subsection (1)(a) and (b) is complied with in
relation to the offender’s sentence plan.
(6)
The offender manager responsible for an offender’s sentence plan shall ensure
that a copy of that plan is given or shown to the offender as soon as practicable
30
after it is prepared or revised.
5
Contents of sentence plans
(1)
This section applies to the sentence plan required to be prepared for an
offender by section 4.
(2)
The sentence plan shall set out—
35
(a)
activities which, in the opinion of the offender manager, are suitable for
the offender to undertake, and
(b)
facilities or services which, in the opinion of the offender manager, are
suitable for being made available to the offender,

with a view to achieving any of the aims mentioned in section 1(2) that may be
40
relevant in the offender’s case.
(3)
If the offender is subject to a suspended sentence of imprisonment or a
community order, the sentence plan shall set out the arrangements for giving
effect (while the sentence is suspended or the community order is in force) to
any requirements imposed on the offender.
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Management of Offenders and Sentencing Bill [HL]
Part 1 — The National Offender Management Service
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(4)
If the offender is subject to a custodial sentence, the sentence plan—
(a)
may include suggestions for particular conditions which, in the opinion
of the offender manager, would be suitable for inclusion in any licence
granted to the offender on his release;
(b)
shall (once the licence conditions are known) set out the arrangements
5
for giving effect to those conditions and for enabling the offender to be
supervised by the board after release.
(5)
A sentence plan may contain any other information which appears to the
offender manager to be appropriate.
(6)
The sentence plan shall, so far as may be practicable, deal with the whole
10
period of the offender’s sentence.
6
Sentence plans: supplementary
(1)
A local probation board may secure that a sentence plan is prepared, kept
under review and revised as necessary by an officer of the board for any person
for whom the board is responsible who—
15
(a)
is in England and Wales, having been convicted and sentenced for a
criminal offence by a court outside England and Wales, and is subject
to detention or anything corresponding to—
(i)
the conditions of a licence granted on release from detention; or
(ii)
the requirements which may be included in a suspended
20
sentence order or community order; or
(b)
would be an offender within the meaning of subsection (2) of section 4
if it applied to sentences passed before the commencement of that
section; or
(c)
would be such an offender but for his being under 18 when convicted.
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(2)
In the case of a person who was under 18 when convicted, a sentence plan
prepared otherwise than by an officer of the local probation board responsible
for the offender may be treated for the purposes of subsection (1) as having
been prepared by an officer of the board.
(3)
A sentence plan prepared by virtue of subsection (1) may contain information
30
corresponding to anything mentioned in section 5(2) to (4) or any other
information which appears to the officer concerned to be appropriate.
(4)
Nothing contained in a sentence plan required by section 4 or prepared by
virtue of this section—
(a)
creates any right or entitlement on the part of the offender; or
35
(b)
prevents the offender being given instructions which are not contained
in or otherwise consistent with the arrangements set out in the plan.

In paragraph (b) “instructions” means instructions for giving effect to any
licence condition or any requirement included in his sentence.

Management of Offenders and Sentencing Bill [HL]
Part 2 — Prisons
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Part 2
Prisons
Contracted-out prisons
7
Powers of director of a contracted-out prison
Section 85(3) of the Criminal Justice Act 1991 (c. 53) (director of a contracted-
5
out prison not to exercise certain adjudication powers or order removal etc of
prisoner) shall cease to have effect.
8
Prisoner custody officers: power of search
(1)
Section 86 of the Criminal Justice Act 1991 (powers and duties of prisoner
custody officers) is amended as follows.
10
(2)
In subsection (1)(b), after “search” there is inserted “in accordance with prison
rules”.
(3)
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).”.
15
9
Prisoner custody officers: power of detention
(1)
After section 86 of the Criminal Justice Act 1991 (powers and duties of prisoner
custody officers) there is inserted—
“86A
Power of prisoner custody officer to detain suspected offenders
(1)
A prisoner custody officer performing custodial duties at a contracted-
20
out prison shall have the following powers in relation to any person
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 section 39, 40 or 41 of the Prison Act
25
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
30
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
35
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.”
(2)
In section 88A(2) of that Act (contracted out functions at a directly managed
prison)—
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Management of Offenders and Sentencing Bill [HL]
Part 2 — Prisons
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(a)
for “Section 86” there is substituted “Sections 86 and 86A”; and
(b)
for “it applies” there is substituted “they apply”.
10
Amendment of section 87 of the Criminal Justice Act 1991
(1)
Section 87 of the Criminal Justice Act 1991 (c. 53) (modification of Prison Act
1952 in its application to a contracted out prison) is amended as follows.
5
(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”.
10
Directly-managed prisons
11
Independent Monitoring Boards
(1)
The boards appointed under section 6 of the Prison Act 1952 (c. 52) (boards of
visitors) are renamed as independent monitoring boards.
(2)
Accordingly, in section 6 of that Act—
15
(a)
for the sidenote there is substituted “Independent monitoring boards”;
(b)
in subsection (2)—
(i)
for “board of visitors” there is substituted “group of
independent monitors”; and
(ii)
the words from “of whom” to the end shall cease to have effect;
20
(c)
after subsection (2) there is inserted—
“(2A)
The groups so appointed are to be known as independent
monitoring boards.”;
(d)
in subsection (3) for “boards of visitors” and “a board of visitors” there
is substituted respectively “independent monitoring boards” and “an
25
independent monitoring board”.
(3)
In section 19 of that Act (right of justices to visit prison), in subsection (3) for
“visiting committee or the board of visitors” there is substituted “independent
monitoring board”.
(4)
In Part 2 of Schedule 1A to the Race Relations Act 1976 (c. 74) (public bodies
30
and other persons subject to general statutory duty), there is inserted, in the
appropriate place under the heading “Other Bodies Etc.”, the following entry—

“An Independent Monitoring Board appointed under section 6(2) of the Prison
Act 1952.”
(5)
In section 50 of the Employment Rights Act 1996 (c. 18) (right to time off for
35
public duties)—
(a)
in subsection (2)(d), for “a board of prison visitors” there is substituted
“an independent monitoring board for a prison”; and
(b)
in subsection (7)(a), for the words from the beginning to “of visitors”
there is substituted ““independent monitoring board” means a board”.
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(6)
In section 99 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
(conversion of sentence of detention or custody to sentence of imprisonment),