Management of Offenders and Sentencing Bill [HL]

House of Lords

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Management of Offenders and Sentencing Bill [HL]

Management of Offenders and Sentencing Bill [HL]
Schedule 3 — The Commissioner’s deaths remit
36

Schedule 2
Section 14

The Commissioner’s complaints remit: specified matters
1
Any matter relating to the way in which a person has been treated at any
applicable premises while being held there.
2
Any matter relating to the way in which a person has been treated by prison
5
custody officers while in their custody, or under their control or escort,
anywhere in the world.
3
Any matter relating to the conduct of a local probation board or officer of a
local probation board in connection with responsibilities assumed by the
board or officer in relation to a person who has been charged with or
10
convicted of an offence.

Note: The reference to a local probation board includes a reference to a
person acting in pursuance of arrangements of the kind mentioned in
section 5(2) of the Criminal Justice and Court Services Act 2000 (c. 43).
4
Any matter relating to the exercise of functions of the kind mentioned in
15
section 1(1) in relation to a person who has been charged with or convicted
of an offence or who is being or has been held in applicable premises.
5
Any matter relating to the way in which a person has been treated at any
immigration detention premises (other than excepted premises) while being
detained there under the Immigration Act 1971 (c. 77) or under section 62 of
20
the Nationality, Immigration and Asylum Act 2002 (c. 41).
6
Any matter relating to the way in which a person has been treated by
immigration custody officers while in their custody, or under their control
or escort, anywhere in the world (other than immigration detention
premises).
25
Schedule 3
Section 19

The Commissioner’s deaths remit
1
A death of a person at any applicable premises while he was being held
there.
2
A death of a person while in the custody, or under the control or escort, of
30
prison custody officers anywhere in the world.
3
A death of a person which the Commissioner is satisfied should be
investigated by him because it is or may be linked to events which have
occurred—
(a)
at any applicable premises while the deceased was being held there;
35
or
(b)
while the deceased was in the custody, or under the control or escort,
of prison custody officers anywhere in the world.
4
A death of a person at any immigration detention premises (other than
excepted premises or premises in Scotland) while he was being detained
40
there under the Immigration Act 1971 or under section 62 of the Nationality,
Immigration and Asylum Act 2002.

Management of Offenders and Sentencing Bill [HL]
Schedule 4 — Consequential amendments relating to Part 3
37

5
A death of a person while in the custody, or under the control or escort, of
immigration custody officers anywhere in the world (other than
immigration detention premises).
6
A death of a person which the Commissioner is satisfied should be
investigated by him because it is or may be linked to events which have
5
occurred—
(a)
at any immigration detention premises (other than excepted
premises or premises in Scotland) while the deceased was being
detained there; or
(b)
while the deceased was in the custody, or under the control or escort,
10
of immigration custody officers anywhere in the world (other than
immigration detention premises).
Schedule 4
Section 32

Consequential amendments relating to Part 3
Parliamentary Commissioner Act 1967 (c. 13)
15
1     (1)
In subsection (2) of section 11 of the Parliamentary Commissioner Act 1967
(restrictions on disclosure of information) after paragraph (a) there is
inserted—
“(aa)
for the purposes of any consultation of the kind mentioned in
subsection (1) or (2) of section 26 of the Management of
20
Offenders and Sentencing Act 2005;
(ab)
for the purposes of any co-operation under subsection (3) of
that section;”.
      (2)
After subsection (5) of that section there is inserted—
“(6)
Information which—
25
(a)
is obtained from Her Majesty’s Commissioner for Offender
Management and Prisons for the purposes of any
consultation of the kind mentioned in subsection (1) or (2) of
section 26 of the Management of Offenders and Sentencing
Act 2005 or for the purposes of any co-operation under
30
subsection (3) of that section, and
(b)
is protected information within the meaning of section 28 of
that Act,

shall be treated for the purposes of subsection (2) of this section as
obtained in the course of an investigation under this Act; and, in
35
relation to such information, the reference in paragraph (a) of that
subsection to the investigation shall have effect as a reference to any
investigation.”
      (3)
In Schedule 3 to that Act (matters not subject to investigation by the
Parliamentary Commissioner) after paragraph 11 there is inserted—
40
“12
Any matter which falls within the complaints or deaths remit of
Her Majesty’s Commissioner for Offender Management and
Prisons (within the meaning of Part 3 of the Management of
Offenders and Sentencing Act 2005).”

Management of Offenders and Sentencing Bill [HL]
Schedule 4 — Consequential amendments relating to Part 3
38

      (4)
Sub-paragraph (3) has no effect in relation to any matter which the
Parliamentary Commissioner for Administration has started to investigate
before the commencement of that sub-paragraph.
Local Government Act 1974 (c. 7)
2     (1)
In subsection (2) of section 32 of the Local Government Act 1974 (restrictions
5
on disclosure of information) after paragraph (a) there is inserted—
“(aa)
for the purposes of any consultation of the kind mentioned in
subsection (1) or (2) of section 26 of the Management of
Offenders and Sentencing Act 2005, or
(ab)
for the purposes of any co-operation under subsection (3) of
10
that section, or”.
      (2)
After subsection (7) of that section there is inserted—
“(8)
Information which—
(a)
is obtained from Her Majesty’s Commissioner for Offender
Management and Prisons for the purposes of any
15
consultation of the kind mentioned in subsection (1) or (2) of
section 26 of the Management of Offenders and Sentencing
Act 2005 or for the purposes of any co-operation under
subsection (3) of that section, and
(b)
is protected information within the meaning of section 28 of
20
that Act,

shall be treated for the purposes of subsection (2) above as obtained
in the course of an investigation under this Part of this Act; and, in
relation to such information, the reference in subsection (2)(a) above
to the investigation shall have effect as a reference to any
25
investigation.”
Health Service Commissioners Act 1993 (c. 46)
3     (1)
In subsection (1) of section 15 of the Health Service Commissioners Act 1993
(restrictions on disclosure of information) after paragraph (a) there is
inserted—
30
“(aa)
for the purposes of any consultation of the kind mentioned in
subsection (1) or (2) of section 26 of the Management of
Offenders and Sentencing Act 2005;
(ab)
for the purposes of any co-operation under subsection (3) of
that section;”.
35
      (2)
After subsection (4) of that section there is inserted—
“(5)
Information which—
(a)
is obtained from Her Majesty’s Commissioner for Offender
Management and Prisons for the purposes of any
consultation of the kind mentioned in subsection (1) or (2) of
40
section 26 of the Management of Offenders and Sentencing
Act 2005 or for the purposes of any co-operation under
subsection (3) of that section, and
(b)
is protected information within the meaning of section 28 of
that Act,
45

shall be treated for the purposes of subsections (1) and (2) as obtained
in the course of an investigation; and, in relation to such information,

Management of Offenders and Sentencing Bill [HL]
Schedule 4 — Consequential amendments relating to Part 3
39

the reference in subsection (1)(a) to the investigation shall have effect
as a reference to any investigation.”
Data Protection Act 1998 (c. 29)
4
In section 31(4) of the Data Protection Act 1998 (exceptions to data protection
requirements for ombudsmen), after paragraph (a)(i) there is inserted—
5
“(ia)
Her Majesty’s Commissioner for Offender
Management and Prisons;”.
Government of Wales Act 1998 (c. 38)
5     (1)
In sub-paragraph (1) of paragraph 25 of Schedule 9 to the Government of
Wales Act 1998 (restrictions on disclosure of information) after paragraph
10
(a) there is inserted—
“(aa)
for the purposes of any consultation of the kind mentioned
in subsection (1) or (2) of section 26 of the Management of
Offenders and Sentencing Act 2005;
(ab)
for the purposes of any co-operation under subsection (3)
15
of that section;”.
      (2)
After sub-paragraph (5) of that paragraph there is inserted—
    “(6)
Information which—
(a)
is obtained from Her Majesty’s Commissioner for
Offender Management and Prisons for the purposes of any
20
consultation of the kind mentioned in subsection (1) or (2)
of section 26 of the Management of Offenders and
Sentencing Act 2005 or for the purposes of any co-
operation under subsection (3) of that section, and
(b)
is protected information within the meaning of section 28
25
of that Act,

shall be treated for the purposes of sub-paragraphs (1) and (2) as
obtained in the course of an investigation; and, in relation to such
information, the reference in sub-paragraph (1)(a) to the
investigation shall have effect as a reference to any investigation.”
30
Care Standards Act 2000 (c. 14)
6
In section 76 of the Care Standards Act 2000 (further functions of the
Children’s Commissioner for Wales) after subsection (3) there is inserted—
“(3A)
The Commissioner may give advice and information to Her
Majesty’s Commissioner for Offender Management and Prisons for
35
the purposes of—
(a)
any consultation of the kind mentioned in subsection (1) or
(2) of section 26 of the Management of Offenders and
Sentencing Act 2005; or
(b)
any co-operation under subsection (3) of that section.”
40
Freedom of Information Act 2000 (c. 36)
7     (1)
In section 76(1) of the Freedom of Information Act 2000 (disclosure of
information between Information Commissioner and ombudsmen) in the
Table at the appropriate place there is inserted the following entry—

Management of Offenders and Sentencing Bill [HL]
Schedule 4 — Consequential amendments relating to Part 3
40

“Her Majesty’s
Part 3 of the Management of

Commissioner for Offender
Offenders and Sentencing

Management and Prisons.
Act 2005.”

      (2)
In Part 6 of Schedule 1 to that Act (public authorities) at the appropriate
place there is inserted “Her Majesty’s Commissioner for Offender
5
Management and Prisons”.
Scottish Public Services Ombudsman Act 2002 (asp 11)
8     (1)
Section 19 of the Scottish Public Services Ombudsman Act 2002 (asp 11)
(restrictions on disclosure of information) is amended as follows.
      (2)
In subsection (2), after paragraph (a) there is inserted—
10
“(aa)
the purposes of any consultation of the kind mentioned in
subsection (1) or (2) of section 26 of the Management of
Offenders and Sentencing Act 2005;
(ab)
the purposes of any co-operation under subsection (3) of that
section;”.
15
      (3)
After subsection (8) there is inserted—
“(8A)
Information which—
(a)
is obtained from Her Majesty’s Commissioner for Offender
Management and Prisons for the purposes of any
consultation of the kind mentioned in subsection (1) or (2) of
20
section 26 of the Management of Offenders and Sentencing
Act 2005 or for the purposes of any co-operation under
subsection (3) of that section, and
(b)
is protected information within the meaning of section 28 of
that Act,
25

shall be treated for the purposes of subsections (1) and (5) as obtained
in connection with any matter in respect of which a complaint or
request has been made.”
      (4)
In subsection (9), for “such information” there is substituted “information
within subsection (8) or (8A)”.
30
Public Services Ombudsman (Wales) Act 2005
9     (1)
Section 25 of the Public Services Ombudsman (Wales) Act 2005 (disclosure
of information) is amended as follows.
      (2)
In subsection (1), after paragraph (b) there is inserted—
“(ba)
protected information (within the meaning of section 28 of
35
the Management of Offenders and Sentencing Act 2005)
obtained from Her Majesty’s Commissioner for Offender
Management and Prisons for the purposes of any
consultation of the kind mentioned in section 26(1) or (2) of
that Act or for the purposes of any co-operation under section
40
26(3) of that Act;”.

Management of Offenders and Sentencing Bill [HL]
Schedule 5 — Increase of certain maxima
41

      (3)
In subsection (2), after paragraph (e) there is inserted—
“(ea)
for the purposes of any consultation of the kind mentioned in
subsection (1) or (2) of section 26 of the Management of
Offenders and Sentencing Act 2005 or for the purposes of any
co-operation under subsection (3) of that section;”.
5
      (4)
In subsection (6), for “or (b)” there is substituted “, (b) or (ba)”.
Schedule 5
Section 40

Increase of certain maxima
1
In each of the provisions listed in the first column of the following table
(which relate to the maximum amounts or fines broadly described there), for
10
the amount specified in the second column substitute the amount specified
in the third column.

Provision
Present
New

amount
amount

Sea Fish (Conservation) Act 1967 (c. 84)

15

Section 11(1)(b) (maximum fine for
£5,000
£15,000

offence under section 3, 4(9A) or 5(6))

Section 15(2C) (maximum fine for
£5,000
£15,000

offences in relation to sea-fishery officers)

Sea Fisheries Act 1968 (c. 77)

20

Section 10(4) (maximum fine for offences
£5,000
£15,000

in relation to sea-fishery officers)

Attachment of Earnings Act 1971 (c. 32)

Section 23(3) (maximum judge’s fine in
£250
£750

High Court or county court)

25

Misuse of Drugs Act 1971 (c. 38)

In Schedule 4 (prosecution and
£1,000
£3,000

punishment of offences), the entry for

section 5(2) (sixth column)

In Schedule 4, the entries for sections 4(2),
£2,500
£7,500

30

4(3), 5(2) (fifth column), 5(3), 8, 12(6) and

13(3)

Magistrates’ Courts Act 1980 (c. 43)

Section 63(3)(a) (maximum fine for
£5,000
£15,000

disobeying order other than for payment

35

of money)

Management of Offenders and Sentencing Bill [HL]
Schedule 5 — Increase of certain maxima
42

Provision
Present
New

amount
amount

Section 97(4) (maximum fine for refusing
£2,500
£7,500

to give evidence)

Contempt of Court Act 1981 (c. 49)

5

Section 12(2) (maximum fine for
£2,500
£7,500

contempt in face of magistrates’ court)

Section 14(2) (maximum fine for
£2,500
£7,500

contempt in face of inferior court)

British Fishing Boats Act 1983 (c. 8)

10

Section 4(1) (maximum fine for offences
£5,000
£15,000

in relation to sea-fishery officers)

County Courts Act 1984 (c. 28)

Section 55(2) (maximum fine for refusing
£1,000
£3,000

or neglecting to give evidence)

15

Section 118(1) (maximum fine for
£2,500
£7,500

contempt of court)

Coroners Act 1988 (c. 13)

Section 10(1) (maximum coroner’s fine for
£1,000
£3,000

refusing to serve as juror)

20

Section 10(2) (maximum coroner’s fine for
£1,000
£3,000

refusing to give evidence)

Section 21(5) (maximum coroner’s fine for
£1,000
£3,000

refusal by medical practitioner to give

evidence)

25

Criminal Procedure and Investigations

Act 1996 (c. 25)

Section 18(3)(a) (maximum fine for use or
£5,000
£15,000

disclosure of object or information in

contravention of confidentiality require-

30

ments)

Crime and Disorder Act 1998 (c. 37)

Section 1AB(3)(a) (maximum fine for
£1,000
£3,000

failing to comply with individual support

order: young person)

35

Section 1AB(3)(b) (maximum fine for
£250
£750

failing to comply with individual support

order: child)