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Schedule 3 - Release and supervision: minor and consequential provision

Offender Rehabilitation Bill [Lords] – in a Public Bill Committee at 5:15 pm on 28th November 2013.

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Photo of Jeremy Wright Jeremy Wright The Parliamentary Under-Secretary of State for Justice 5:15 pm, 28th November 2013

I beg to move amendment 53, in schedule 3, page 27, line 23, at end insert—

‘Crime (Sentences) Act 1997 (c. 43)

A1 Schedule 1 to the Crime (Sentences) Act 1997 (transfer of prisoners within the British Islands) is amended as follows.

A2 (1) Paragraph 6 (effect of transfers: preliminary) is amended as follows.

(2) In sub-paragraph (2)(b), for “and possible recall following his release” substitute “, possible recall following release and any supervision default order”.

(3) In sub-paragraph (2)(c), for “and possible recall” substitute “, possible recall and any supervision default order”.

(4) In sub-paragraph (3), at the end insert—

(c) in relation to a person who is supervised under section 256AA of the 2003 Act, being ordered to be committed to prison or detention for failure to comply with a requirement imposed under that section or by a supervision default order;

(d) in relation to a person who is supervised under section 256B of the 2003 Act, being ordered to be detained for failure to comply with a supervision requirement imposed under that section.”

(5) In sub-paragraph (4), at the appropriate place insert—

““supervision default order” has the meaning given in section 268(1) of the 2003 Act;”.

A3 (1) Paragraph 8 (restricted transfers from England and Wales to Scotland) is amended as follows.

(2) In sub-paragraph (2)(a)—

(a) for “264A” substitute “264B”,

(b) after “267B of” insert “, and Schedules 19A, 20A and 20B to,” and

(c) after “104” insert “and 106B”.

(3) In sub-paragraph (4)(a)—

(a) for “264A” substitute “264B”,

(b) after “267B of” insert “, and Schedules 19A, 20A and 20B to,” and

(c) after “104” insert “and 106B”.

(4) In sub-paragraph (6)(f), for “paragraphs (b) and (c)” substitute “paragraph (c)”.

(5) At the end (after the sub-paragraph (7) inserted by section (Drug testing and appointments: offenders transferred within the British Islands) of this Act) insert—

“(8) The supervision provisions, as applied by sub-paragraph (2) or (4), have effect—

(a) as if any reference to something listed in the first column of the Table in sub-paragraph (10) were a reference to whatever is opposite it in the second column of that Table,

(b) with the modifications in sub-paragraph (11), and

(c) in a case falling within section 106B of the Powers of Criminal Courts (Sentencing) Act 2000, with the further modifications in sub-paragraph (12),

(and see also paragraphs 8A, 19A and 19B).

(9) In this paragraph “the supervision provisions” means—

(a) sections 256AA to 256E of, and Schedule 19A to, the 2003 Act,

(b) the provisions of the 2003 Act mentioned in section 256AC of, and Schedule 19A to, that Act, as applied by that section and that Schedule, and

(c) section 106B of the Powers of Criminal Courts (Sentencing) Act 2000.

(10) The references mentioned in sub-paragraph (8)(a) are—

Reference

Substituted reference

Crown Court

High Court of Justiciary

Justice of the peace

Sheriff court

Local justice area

Local government area within the meaning of the Local Government etc (Scotland) Act 1994

Magistrates’ court

Sheriff court

Officer of a provider of probation services

Relevant officer as defined by section 27(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993

Summons

Citation

Young offender institution

Young offenders institution provided under section 19(1)(b) of the Prisons (Scotland) Act 1989

(11) The modifications mentioned in sub-paragraph (8)(b) are—

(a) section 256AA(2)(b) of the 2003 Act has effect as if it also referred to a licence under the Prisons (Scotland) Act 1989 or the Prisoners and Criminal Proceedings (Scotland) Act 1993,

(b) section 256AC(7)(b) of the 2003 Act has effect as if for “the Secretary of State” there were substituted “the Scottish Ministers”,

(c) paragraph 2 of Schedule 19A to the 2003 Act has effect as if—

(i) sub-paragraph (d) referred only to section 215(1) and (2) of the 2003 Act, and

(ii) sub-paragraph (e) were omitted,

(d) paragraph 3 of Schedule 19A to the 2003 Act has effect as if, after sub-paragraph (7), there were inserted—

“(7A) Section 218(4)(a) applies as if for the words “has been notified by the Secretary of State” there were substituted “is satisfied”,

(e) paragraph 7 of Schedule 19A to the 2003 Act has effect as if—

(i) in paragraph 7(1), for “the supervisor must refer the matter to the enforcement officer” there were substituted “the supervisor may cause an information to be laid before a sheriff court in respect of the person’s failure to comply with the requirement”, and

(ii) sub-paragraphs (2) to (5) were omitted, and

(f) paragraph 12(3) of Schedule 19A to the 2003 Act has effect as if for “makes a community order or suspended sentence order” there were substituted “imposes any other sentence”.

(12) The further modifications mentioned in sub-paragraph (8)(c) are that section 106B of the Powers of Criminal Courts (Sentencing) Act 2000 has effect as if—

(a) in subsection (4), for paragraph (b) there were substituted a reference to an officer of a local authority constituted under the Local Government etc (Scotland) Act 1994 for the local government area in which the offender resides for the time being, and

(b) after subsection (3) there were inserted—

“(3A) Sections 256AA(3) and (6), 256AB(1) and 256E(2) have effect as if the references to the Secretary of State were references to the Scottish Ministers.”.

A4 After paragraph 8 insert—

“Restricted transfers between England and Wales and Scotland: further provision about supervision default orders

8A (1) This paragraph applies if—

(a) a person’s supervision is transferred to Scotland under paragraph 4 of this Schedule by means of a restricted transfer or transferred back to England and Wales under paragraph 7 of this Schedule, and

(b) at the time of the transfer, or transfer back, a supervision default order is in force in respect of the person.

(2) The supervision default order has effect as if, at the time of the transfer or transfer back, it specified the relevant area in which the person resides or proposes to reside in the new jurisdiction (rather than a relevant area in the jurisdiction from which the person is transferring).

(3) The court acting for that relevant area in the new jurisdiction may amend the supervision default order to specify that area.

(4) In this paragraph—

“relevant area” means—

(a) in England and Wales, a local justice area, and

(b) in Scotland, a local government area within the meaning of the Local Government etc (Scotland) Act 1994;

“supervision default order” has the meaning given in section 268(1) of the 2003 Act.”.

A5 (1) Paragraph 9 (restricted transfers from England and Wales to Northern Ireland) is amended as follows.

(2) In sub-paragraph (2)(a)—

(a) for “264A” substitute “264B”,

(b) after “267B of” insert “, and Schedules 20A and 20B to,” and

(c) after “104” insert “and 106B”.

(3) In sub-paragraph (4)(a)—

(a) for “264A” substitute “264B”,

(b) after “267B of” insert “, and Schedules 20A and 20B to,” and

(c) after “104” insert “and 106B”.

(4) Omit sub-paragraph (8).

(5) At the end insert—

“(9) The supervision provisions, as applied by sub-paragraph (2) or (4), have effect—

(a) as if any reference to something listed in the first column of the Table in sub-paragraph (11) were a reference to whatever is opposite it in the second column of that Table, and

(b) with the other modifications in sub-paragraph (12).

(10) In this paragraph “the supervision provisions” means—

(a) sections 256AA to 256AC, 256D and 256E of the 2003 Act, and

(b) section 106B of the Powers of Criminal Courts (Sentencing) Act 2000.

(11) The references mentioned in sub-paragraph (9)(a) are—

Reference

Substituted reference

Crown Court

County court

Justice of the peace

Lay magistrate

Information

Complaint

Local justice area

Petty sessions district

Magistrates’ court

Court of summary jurisdiction

Officer of a provider of probation services

Probation officer

Young offender institution

Young offender centre

(12) The other modifications mentioned in sub-paragraph (9)(b) are—

(a) section 256AA(2)(b) of the 2003 Act has effect as if it also referred to—

(i) a custody probation order or licence under Part 2 of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160) (N.I. 24), and

(ii) a licence under the Northern Ireland (Sentences) Act 1998, Part 3 of the Life Sentences (Northern Ireland) Order 2001 (S.I. 2001/2564 (N.I. 2)) or Chapter 4 of Part 2 of the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)),

(b) section 256AC of the 2003 Act has effect as if subsections (4)(c), (5) and (10) (provision for supervision default orders) were omitted, and

(c) subsection (7)(b) of that section has effect as if for “the Secretary of State” there were substituted “the Department of Justice in Northern Ireland”.”.

A6 (1) Paragraph 15 (unrestricted transfers: general) is amended as follows.

(2) In sub-paragraph (4A), for “This paragraph has” substitute “Sub-paragraphs (3) and (4) have”.

(3) After sub-paragraph (4A) insert—

“(4B) A person who is subject to a period of supervision of a type or length which could not have been imposed on an offender in the place to which the person has been transferred is to be treated for the relevant purposes as the receiving authority may direct.

(4C) In sub-paragraph (4B), “the receiving authority” means—

(a) in relation to a person transferred to Scotland, the Scottish Ministers,

(b) in relation to a person transferred to Northern Ireland, the Department of Justice in Northern Ireland, and

(c) in relation to any other person, the Secretary of State.”.

A7 After paragraph 19 insert—

“Service of process issued in Scotland

19A (1) Section 4 of the Summary Jurisdiction (Process) Act 1881 (service in England and Wales of Scottish process etc) applies to any process issued by a court in Scotland under the supervision provisions.

(2) “The supervision provisions” means the provisions listed in paragraph 8(9), as they are applied by paragraph 8(2) or (4).

Electronic monitoring in Scotland

19B (1) Section 245C of the Criminal Procedure (Scotland) Act 1995 (remote monitoring), and regulations under that section, apply in relation to the electronic monitoring of compliance with a curfew requirement in a supervision default order imposed under the supervision provisions as they apply in relation to the remote monitoring of compliance with a restriction of liberty order.

(2) “The supervision provisions” means the provisions listed in paragraph 8(9), as they are applied by paragraph 8(2) or (4).”.

A8 In paragraph 20(1) (interpretation), for the definition of “supervision” substitute—

““supervision” means—

(a) supervision under an order made for the purpose,

(b) supervision under a detention and training order,

(c) in the case of a person released from prison on licence, supervision under a condition contained in the licence,

(d) supervision under section 256AA of the Criminal Justice Act 2003 (supervision after end of sentence), including supervision under that section as applied by section 106B of the Powers of Criminal Courts (Sentencing) Act 2000, or

(e) supervision under section 256B of the Criminal Justice Act 2003 (supervision after release of certain young offenders serving less than 12 months).”’.

Photo of Nadine Dorries Nadine Dorries Conservative, Mid Bedfordshire

With this it will be convenient to discuss the following:

Government amendments 54 to 57.

Government new clause 7—Drug testing and appointments: offenders transferred within the British Islands.

Photo of Jeremy Wright Jeremy Wright The Parliamentary Under-Secretary of State for Justice

Amendment 53 is part of a wider group of amendments that collectively make consequential amendments to the legislation governing the transfer of custodial sentences, associated periods of supervision after release, and warrants between England and Wales, Scotland, Northern Ireland and other UK jurisdictions. In particular, the bulk of the amendment deals with transfer of the new top-up supervision period to Scotland or Northern Ireland.

The Government have been working closely with the Scottish Government and the Northern Ireland Executive on the detail of the amendments. Both Administrations have confirmed that they are happy with both the principle and detail of the amendments. The Scottish Government have confirmed that they will seek a legislative consent motion in the Scottish Parliament for the amendments, while the Northern Ireland Executive do not consider an LCM to be necessary. I would like to put on record the extremely constructive approach taken by Ministers in both Administrations in helping to work through the technical detail of the amendments over the past few months.

I shall briefly and concisely summarise the purpose and effect of the amendments—I hope in plain English, rather than delve too much into the legal detail.

Amendment 53 is the most detailed of the amendments. It will make changes to schedule 1 to the Crime (Sentences) Act 1997, which provides a framework for the transfer of custodial sentences and associated periods of post-release supervision between UK jurisdictions.

There are two types of transfer under schedule 1. The first is restricted, which means that the sentencing provisions of the exporting jurisdiction are incorporated into the law of the receiving jurisdiction in relation to the transfer of the offender, so that the offender can be managed in the receiving jurisdiction. The exporting jurisdiction retains overall control of the sentence. Unrestricted transfers are those in which the offender transfers on to an equivalent sentence in the receiving jurisdiction’s legislation. The receiving jurisdiction assumes complete control of the offender. That gives flexibility for both the exporting jurisdiction and the receiving jurisdiction to agree a transfer in the way that is most appropriate for an individual case. Transfers are always negotiated and never imposed. A receiving jurisdiction may refuse to accept a transfer for any reason.

Amendment 53 makes changes to schedule 1 to the 1997 Act to include top-up supervision and supervision default orders within the scope of the post-release supervision that can be transferred between UK jurisdictions. In particular, the amendment provides for the England and Wales post-sentence supervision provisions to apply as part of Scots or Northern Ireland law, but modified to fit court and probation structures in the two other jurisdictions, to offenders transferred to Scotland or Northern Ireland when in custody, on licence or in the post-sentence supervision period.

The amendment applies a gloss to certain England and Wales-specific terms so that, when incorporated into Scots or Northern Ireland law, the terms are read as being the equivalent in Scotland and Northern Ireland. It reserves certain functions such as setting post-sentence supervision requirements and amending the list of requirements available to the UK Secretary of State in relation to restricted transfer offenders. The amendment alters the application of the supervision drug testing requirements and conditions so that they work in the legal systems of Scotland and Northern Ireland, and it alters the application of the electronic monitoring requirements so that they work in Scotland’s legal system. New clause 7 does the same for the changes to drug testing as part of the licence period.

Amendment 53 also provides powers for the courts in Scotland and Northern Ireland to impose sanctions for breach of post-sentence supervision, and it provides powers for the courts in Scotland to administer orders for electronically monitored curfews and unpaid work for transferred offenders during post-sentence supervision.

Amendment 53 also provides for Ministers in Scotland or Northern Ireland to be able to direct how an offender transferred on an unrestricted basis is to be dealt with, given that there is no equivalent to post-sentence supervision in either jurisdiction. That might mean the receiving jurisdiction imposes its own bespoke conditions on the offender for the remainder of their sentence.

Amendments 56 and 57 amend existing powers for the Queen, via Order in Council, to apply, with suitable modifications, the transfer provisions in schedule 1 to the Channel Islands and the Isle of Man.

Finally, amendment 54 makes a consequential amendment to section 302 of the 2003 Act, which applies various provisions involving warrants for failure to appear at a hearing to long-standing legislation, thereby allowing for the enforcement in England of warrants issued in Scotland, and vice versa. The amendment adds to that list warrants under the top-up supervision provisions and those governing breach of the current period of supervision flowing from a DYOI or section 91 sentence.

I end by reassuring hon. Members that I have made a commitment to the Scottish Government and the Northern Ireland Executive that we will work with them in advance of commencement to review the existing operational guidance on transfer of sentences. The existing position, in which all transfers are agreed between the relevant jurisdictions, and in which jurisdictions retain the right to refuse transfers, will continue.

I hope that, with those explanations and reassurances, the Committee is able to agree to the amendments.

Amendment 53 agreed to.

Amendments made: 14, in schedule 3, page 29, line 20, leave out ‘264A(1)’ and insert ‘264B(1)’.

Amendment 54, in schedule 3, page 29, line 23, at end insert—

15A (1) Section 302 (execution of process between England and Wales and Scotland) is amended as follows.

(2) After “under—” insert—

“section 256AC(1) or (3),

section 256C(1) or (3),”.

(3) Omit the “or” before “paragraph 6(2) or (4)”.

(4) After “Schedule 12” insert “or

“paragraph 8(1) or 10(5) of Schedule 19A,”.’.—(Jeremy Wright.)

Schedule 3, as amended, agreed to.

Ordered, That further consideration be now adjourned. —(Mr Evennett.)

Adjourned till Tuesday 3 December at five minutes to Nine o’clock.