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Criminal Justice and Court Services Bill
 
 

 
 
A

B I L L

[AS AMENDED ON REPORT]

TO

Establish a National Probation Service for England and Wales and a Children and Family Court Advisory and Support Service; to make further provision for the protection of children; to make further provision about dealing with persons suspected of, charged with or convicted of offences; to amend the law relating to access to information held under Part III of the Road Traffic Act 1988; 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 I
  THE NEW SERVICES
  CHAPTER I
  NATIONAL PROBATION SERVICE FOR ENGLAND AND WALES
 
Introduction
Purposes of the Chapter.     1. - (1) This Chapter has effect for the purposes of providing for-
 
 
    (a) courts to be given assistance in determining the appropriate sentences to pass, and making other decisions, in respect of persons charged with or convicted of offences, and
 
    (b) the supervision and rehabilitation of such persons.
      (2) Subsection (1)(b) extends (in particular) to-
 
 
    (a) giving effect to community orders,
 
    (b) supervising persons released from prison on licence,
 
    (c) providing accommodation in approved premises.
      (3) Regulations may extend the purposes mentioned in subsection (1) to include other prescribed purposes relating to persons charged with or convicted of offences.
 
Aims of the Service.     2. - (1) This section applies to-
 
 
    (a) the functions of the Secretary of State under this Chapter,
 
    (b) the functions of local boards, and officers of local boards, under this Act or any other enactment,
       so far as they may be exercised for the purposes mentioned in section 1.
 
      (2) In exercising those functions the person concerned must have regard to the following aims-
 
 
    (a) the protection of the public,
 
    (b) the reduction of re-offending,
 
    (c) the proper punishment of offenders,
 
    (d) ensuring offenders' awareness of the effects of crime on the victims of crime and the public,
 
    (e) the rehabilitation of offenders.
 
Functions
Functions of the Secretary of State.     3. - (1) The Secretary of State has the function of ensuring that provision is made throughout England and Wales for the purposes mentioned in section 1.
 
      (2) The Secretary of State may make any payment he considers appropriate towards expenditure incurred by any person for any of those purposes.
 
      (3) If he considers it appropriate, he may make any payment on conditions.
 
      (4) The conditions may (among other things)-
 
 
    (a) regulate the purposes for which the payment or any part of it may be used,
 
    (b) require repayment to the Secretary of State in specified circumstances.
Local boards.     4. - (1) For the purpose of implementing this Chapter, England and Wales shall be divided into areas.
 
      (2) For each area there shall be a board (referred to in this Act as a local probation board) which is to exercise the functions conferred on it by virtue of this Act and any other enactment.
 
      (3) Schedule 1 (which makes provision about the constitution of local boards, their powers and other matters relating to them) is to have effect.
 
      (4) References in this Act or any other enactment to an officer of a local board are references to-
 
 
    (a) any member of the staff of a local board appointed to exercise the functions of an officer of the board, and
 
    (b) any other individual exercising functions of an officer of a local board by virtue of section 5(2).
      (5) The initial areas for the purpose of implementing this Chapter are-
 
 
    (a) the police areas listed in Schedule 1 to the Police Act 1996 (areas into which England and Wales, apart from London, is divided), and
 
    (b) the area comprising the Metropolitan Police District and the City of London Police Area.
      (6) The division of England and Wales into areas for that purpose may be altered from time to time by order made by the Secretary of State.
 
Functions of local boards.     5. - (1) It is a function of a local board-
 
 
    (a) to make arrangements for ensuring that sufficient provision is made in respect of its area for the purposes mentioned in section 1 and for ensuring the performance of any other functions conferred by virtue of this Act or any other enactment on the board,
 
    (b) to make arrangements for ensuring the performance of any functions conferred by virtue of this Act or any other enactment on officers of the board,
       and to implement, or ensure the implementation of, any arrangements it makes under this section.
 
      (2) In addition to making arrangements for provision to be made by its staff, a local board may (for example)-
 
 
    (a) make arrangements with organisations for provision to be made on the board's behalf by the organisations,
 
    (b) make arrangements with individuals who are not members of the board's staff under which they may perform functions of officers of the board,
       and arrangements under paragraph (a) may provide for the organisations to designate individuals who may perform functions of officers of the board.
 
      (3) The provision that may be made in pursuance of such arrangements includes providing services to any person and, in particular-
 
 
    (a) giving assistance to persons remanded on bail or for whom officers of the board have responsibilities,
 
    (b) providing supervision in approved premises for persons who have been charged with or convicted of an offence.
      (4) A local board may provide for its staff to co-operate with persons in its area who are concerned with the prevention or reduction of crime or with giving assistance to the victims of crime.
 
      (5) Regulations may confer further functions on local boards or officers of local boards.
 
      (6) A local board may give grants or other financial assistance to any person only in pursuance of regulations.
 
      (7) A local board-
 
 
    (a) may make an arrangement with another local board under which it provides on behalf of the other board, in respect of the other board's area, any services which it could provide under this section in respect of its own area, and
 
    (b) may charge the other local board for any services it provides in pursuance of the arrangement.
      (8) It is for the Secretary of State to determine whether or not any provision made by a local board under this section is sufficient.
 
 
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