Criminal Justice and Court Services Bill - continued        House of Lords
PART III, DEALING WITH OFFENDERS - continued

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Release of prisoners on licence etc.
Release on licence etc: conditions as to monitoring.     59. - (1) This section applies where a sentence of imprisonment has been imposed on a person and, by virtue of any enactment-
 
 
    (a) the Secretary of State is required to, or may, release the person from prison, and
 
    (b) the release is required to be, or may be, subject to conditions (whether conditions of a licence or any other conditions, however expressed).
      (2) The conditions may include-
 
 
    (a) conditions for securing the electronic monitoring of his compliance with any other conditions of his release,
 
    (b) conditions for securing the electronic monitoring of his whereabouts (otherwise than for the purpose of securing his compliance with other conditions of his release).
      (3) In relation to a prisoner released under section 34A(3) of the Criminal Justice Act 1991 (power to release short-term prisoners on licence) the monitoring referred to in subsection (2)(a) does not include the monitoring of his compliance with conditions imposed under section 37A of that Act (curfew conditions).
 
      (4) The Secretary of State may make rules about the conditions that may be imposed by virtue of this section.
 
      (5) In this section "sentence of imprisonment" includes-
 
 
    (a) a detention and training order,
 
    (b) a sentence of detention in a young offender institution,
 
    (c) a sentence of detention under section 90 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention at Her Majesty's pleasure),
 
    (d) a sentence of detention under section 91 of that Act (detention of offenders under 18 convicted of certain serious offences),
 
    (e) a sentence of custody for life under section 93 or 94 of that Act,
       and "prison" shall be construed accordingly.
 
Supervision of young offenders after release.     60. - (1) Section 65 of the Criminal Justice Act 1991 is amended as follows.
 
      (2) After subsection (5) there is inserted-
 
 
    "(5A) The requirements that may be specified in a notice under subsection (5) above include-
 
 
    (a) requirements for securing the electronic monitoring of the person's compliance with any other requirements specified in the notice;
 
    (b) requirements for securing the electronic monitoring of his whereabouts (otherwise than for the purpose of securing his compliance with requirements specified in the notice);
 
    (c) in the circumstances mentioned in subsection (5B) below, requirements to provide, when instructed to do so by an officer of a local board or a person authorised by the Secretary of State, any sample mentioned in the instruction for the purpose of ascertaining whether the person has any specified Class A drug in his body.
      (5B) The circumstances referred to in subsection (5A)(c) above are that-
 
 
    (a) the person has attained the age of 18 years;
 
    (b) his term of detention was imposed for a trigger offence; and
 
    (c) the requirements to provide samples are being imposed for the purpose of determining whether he is complying with any other requirements specified in the notice.
      (5C) Requirements imposed by virtue of subsection (5A) above shall not have effect on or after the day on which the person would (but for his release) have served his term in full.
 
      (5D) The function of giving such an instruction as is mentioned in subsection (5A)(c) above shall be exercised in accordance with guidance given from time to time by the Secretary of State; and the Secretary of State may make rules about the requirements that may be imposed by virtue of subsection (5A) above and the provision of samples in pursuance of such an instruction."
 
      (3) After subsection (8) there is inserted-
 
 
    "(9) The power to make rules under this section-
 
 
    (a) shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament;
 
    (b) shall include power to make different provision for different cases or classes of case.
      (10) In this section, "specified Class A drug" and "trigger offence" have the same meanings as in Part III of the Criminal Justice and Court Services Act 2000."
 
Release on licence etc: drug testing requirements.     61. - (1) This section applies where-
 
 
    (a) the Secretary of State releases from prison a person aged 18 or over on whom a sentence of imprisonment has been imposed for a trigger offence, and
 
    (b) the release is subject to conditions (whether conditions of a licence or any other conditions, however expressed).
      (2) For the purpose of determining whether the person is complying with any of the conditions, they may include the following requirement.
 
      (3) The requirement is that the person must provide, when instructed to do so by an officer of a local board or a person authorised by the Secretary of State, any sample mentioned in the instruction for the purpose of ascertaining whether he has any specified Class A drug in his body.
 
      (4) The function of giving such an instruction is to be exercised in accordance with guidance given from time to time by the Secretary of State; and regulations made by the Secretary of State may regulate the provision of samples in pursuance of such an instruction.
 
      (5) In this section "sentence of imprisonment" includes-
 
 
    (a) a detention and training order,
 
    (b) a sentence of detention in a young offender institution,
 
    (c) a sentence of detention under section 90 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention at Her Majesty's pleasure),
 
    (d) a sentence of detention under section 91 of that Act (detention of offenders under 18 convicted of certain serious offences),
 
    (e) a sentence of custody for life under section 93 or 94 of that Act,
       and "prison" shall be construed accordingly.
 
Short-term prisoners: release subject to curfew conditions.     62. In section 34A of the Criminal Justice Act 1991 (power to release short-term prisoners on licence), after subsection (2)(d) there is inserted-
 
 
    "(da) the prisoner is subject to the notification requirements of Part I of the Sex Offenders Act 1997;".
 
Sexual or violent offenders
Amendments of the Sex Offenders Act 1997.     63. Schedule 5 (which amends the Sex Offenders Act 1997 in respect of persons who are subject to the notification requirements of that Act to make provision, in particular, for-
 
 
    (a) altering the requirements,
 
    (b) increasing penalties,
 
    (c) enabling courts to make restraining orders, and
 
    (d) improving the information held about such persons),
       is to have effect.
 
Arrangements for assessing etc. risks posed by certain offenders.     64. - (1) In this section-
 
 
    "relevant sexual or violent offender" has the meaning given by section 65, and
 
    "responsible authority", in relation to any area, means the chief officer of police and the local board for that area acting jointly.
      (2) The responsible authority for each area must establish arrangements for the purpose of assessing and managing the risks posed in that area by-
 
 
    (a) relevant sexual or violent offenders, and
 
    (b) other persons who, by reason of offences committed by them (wherever committed), are considered by the responsible authority to be persons who may cause serious harm to the public.
      (3) The responsible authority for each area must keep the arrangements established by it under review with a view to monitoring their effectiveness and making any changes to them that appear necessary or expedient.
 
      (4) As soon as practicable after the end of the period of 12 months beginning with the coming into force of this section and each subsequent period of 12 months, the responsible authority for each area must-
 
 
    (a) prepare a report on the discharge by it during that period of the functions conferred by this section, and
 
    (b) publish the report in that area.
      (5) The report must include-
 
 
    (a) details of the arrangements established by the responsible authority, and
 
    (b) information of such descriptions as the Secretary of State has notified to the responsible authority that he wishes to be included in the report.
      (6) The Secretary of State may issue guidance to responsible authorities on the discharge of the functions conferred by this section.
 
Section 64: interpretation.     65. - (1) For the purposes of section 64 a person is a relevant sexual or violent offender if he falls within one or more of subsections (2) to (5).
 
      (2) A person falls within this subsection if he is subject to the notification requirements of Part I of the Sex Offenders Act 1997.
 
      (3) A person falls within this subsection if-
 
 
    (a) he is convicted by a court in England or Wales of a sexual or violent offence (within the meaning of the Powers of Criminal Courts (Sentencing) Act 2000), and
 
    (b) one of the following sentences is imposed on him in respect of the conviction-
 
      (i) a sentence of imprisonment for a term of 12 months or more,
 
      (ii) a sentence of detention in a young offender institution for a term of 12 months or more,
 
      (iii) a sentence of detention during Her Majesty's pleasure,
 
      (iv) a sentence of detention for a period of 12 months or more under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18 convicted of certain serious offences),
 
      (v) a detention and training order for a term of 12 months or more, or
 
      (vi) a hospital or guardianship order within the meaning of the Mental Health Act 1983.
      (4) A person falls within this subsection if-
 
 
    (a) he is found not guilty by a court in England or Wales of a sexual or violent offence (within the meaning of the Powers of Criminal Courts (Sentencing) Act 2000) by reason of insanity or to be under a disability and to have done the act charged against him in respect of such an offence, and
 
    (b) one of the following orders is made in respect of the act charged against him as the offence-
 
      (i) an order that he be admitted to hospital, or
 
      (ii) a guardianship order within the meaning of the Mental Health Act 1983.
      (5) A person falls within this subsection if the first condition set out in section 28(2) or 29(2) or the second condition set out in section 28(3) or 29(3) is satisfied in his case.
 
      (6) In this section "court" does not include a court-martial or the Courts-Martial Appeal Court.
 
Duties of local boards in connection with victims of certain offences.     66. - (1) This section applies in a case where a court-
 
 
    (a) convicts an offender of a sexual or violent offence, and
 
    (b) imposes a relevant sentence on him in respect of that conviction.
      (2) In cases where this section applies, the local board for the area in which the offender is sentenced must take all reasonable steps to ascertain whether any appropriate person wishes to-
 
 
    (a) make representations about whether the offender should be subject to any conditions or requirements on his release and, if so, what conditions or requirements, or
 
    (b) receive information about any conditions or requirements to which the offender is to be subject on his release.
      (3) In this section "appropriate person", in relation to an offence, means any person who appears to the local board in question to be, or to act for, the victim of the offence ("the victim").
 
      (4) Where it is ascertained that an appropriate person wishes to make representations in accordance with paragraph (a) of subsection (2), the relevant local board must forward those representations to the person responsible for determining the matters mentioned in that paragraph.
 
      (5) Where it is ascertained that an appropriate person wishes to receive information in accordance with subsection (2)(b), the relevant local board must take all reasonable steps-
 
 
    (a) to inform that person whether or not the offender is to be subject to any conditions or requirements on his release,
 
    (b) if the offender is to be subject to any such conditions or requirements, to provide that person with details of any conditions or requirements which relate to contact with the victim or his family, and
 
    (c) to provide that person with such other information as is considered by that local board to be appropriate in all the circumstances of the case.
      (6) For the purposes of subsections (4) and (5), "relevant local board" means-
 
 
    (a) where the offender is to be supervised on release by an officer of a local board, that local board,
 
    (b) in any other case, the local board for the area in which the prison or other place of detention from which the offender is to be released is situated.
      (7) In this section-
 
 
    "conditions" means conditions in a licence,
 
    "court" does not include a court-martial or the Courts-Martial Appeal Court,
 
    "relevant sentence" means-
 
      (a) a sentence of imprisonment for a term of 12 months or more,
 
      (b) a sentence of detention in a young offender institution for a term of 12 months or more,
 
      (c) a sentence of detention during Her Majesty's pleasure,
 
      (d) a sentence of detention for a period of 12 months or more under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18 convicted of certain serious offences), or
 
      (e) a detention and training order for a term of 12 months or more,
 
    "requirements" means requirements specified in a notice under section 65(5) of the Criminal Justice Act 1991 (requirements imposed in connection with supervision of young offenders after release).
      (8) An offence is a sexual or violent offence for the purposes of this section if it is-
 
 
    (a) a sexual or violent offence within the meaning of the Powers of Criminal Courts (Sentencing) Act 2000,
 
    (b) an offence in respect of which the offender is subject to the notification requirements of Part I of the Sex Offenders Act 1997, or
 
    (c) an offence against a child within the meaning of Part II of this Act.
      (9) This section has effect in relation to cases where the relevant sentence is imposed after this section comes into force.
 
 
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