Moved by
Lord Faulks
That this House do agree with the Commons in their Amendments 2 to 17.
2: Clause 3, page 3, line 2, leave out “an officer of a provider of probation services” and insert “a person”
3: Clause 3, page 3, line 5, at end insert—
“( ) In relation to a person subject to supervision requirements under this section following a sentence of detention under section 91 of the Sentencing Act, the supervisor must be—
(a) an officer of a provider of probation services, or
(b) a member of the youth offending team established by the local authority in whose area the offender resides for the time being.
( ) In relation to any other person, the supervisor must be an officer of a provider of probation services.”
4: Clause 5, page 5, line 13, at end insert—
“( ) In subsection (2)(c), omit “if the offender is under the age of 18 years at the date of release,”.”
5: Clause 6, page 5, line 41, leave out “264A” and insert “264B”
6: Clause 6, page 6, line 13, leave out “After that section” and insert “Before section 265 (and the italic heading before it)”
7: Clause 6, page 6, line 14, leave out “264A” and insert “264B”
8: Clause 6, page 6, line 31, at end insert—
“( ) In section 249(3) (duration of licence)—
(a) for “sections” substitute “section”, and
(b) for “and 264(3)” substitute “and sections 264(3C)(a) and 264B”.
( ) In section 250 (licence conditions), omit subsection (7).”
9: Clause 7, page 7, leave out lines 44 and 45 and insert—
“(4) “The supervisor”, in relation to the offender, must be—”
10: Clause 10, page 9, line 7, at end insert—
“( ) in subsection (4), for “that period” substitute “the automatic release period”,”
11: Clause 12, page 10, line 14, leave out subsection (2) and insert—
“(2) In section 64 (release on licence: drug testing requirements)—
(a) in subsection (1)(a), omit “for a trigger offence, and”,
(b) in that subsection, at the end insert “, and
(c) the Secretary of State is satisfied of the matters in subsection (1A).”,
(c) after that subsection insert—
“(1A) Those matters are—
(a) that the misuse by the person of a specified class A drug or a specified class B drug caused or contributed to an offence of which the person has been convicted or is likely to cause or contribute to the commission of further offences by the person, and
(b) that the person is dependent on, or has a propensity to misuse, a specified class A drug or a specified class B drug.”,
(d) in subsection (2), after “conditions” insert “mentioned in subsection (1)(b)”, and
(e) in subsection (3), after “specified Class A drug” insert “or specified Class B drug”.”
12: Clause 12, page 10, line 21, leave out subsections (4) and (5)
13: Clause 13, page 11, line 16, leave out “imposed on the offender’s release” and insert “mentioned in subsection (1)(b)”
14: After Clause 13, insert the following new Clause—
“Drug testing and appointments: offenders transferred within the British Islands
(1) Schedule 1 to the Crime (Sentences) Act 1997 (transfer of prisoners within the British Islands) is amended as follows.
(2) In paragraph 8 (restricted transfers from England and Wales to Scotland)—
(a) in sub-paragraphs (2)(aa) and (4)(aa), for “and 64” substitute “, 64 and 64A”, and
(b) at the end insert—
“(7) Sections 64 and 64A of the Criminal Justice and Court Services Act 2000 (release on licence etc: drug appointments), as applied by sub-paragraph (2) or (4) above, have effect as if any reference to an officer of a provider of probation services were a reference to a relevant officer as defined by section 27(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993.”
(3) In paragraph 9 (restricted transfers from England and Wales to Northern Ireland)—
(a) in sub-paragraphs (2)(aa) and (4)(aa), for “and 64” substitute “, 64 and 64A”, and
(b) after sub-paragraph (5) insert—
“(5A) Sections 64 and 64A of the Criminal Justice and Court Services Act 2000 (release on licence etc: drug appointments), as applied by sub-paragraph (2) or (4) above, have effect as if any reference to an officer of a provider of probation services were a reference to a probation officer.””
15: Clause 15, page 13, line 23, at end insert “, such as restorative justice activities.
(7A) For the purposes of subsection (7)(b) an activity is a restorative justice activity if —
(a) the participants consist of, or include, the offender and one or more of the victims,
(b) the aim of the activity is to maximise the offender’s awareness of the impact of the offending concerned on the victims, and
(c) the activity gives a victim or victims an opportunity to talk about, or by other means express experience of, the offending and its impact.
(7B) In subsection (7A) “victim” means a victim of, or other person affected by, the offending concerned.”
16: Clause 23, page 19, line 6, at end insert—
“( ) So far as sections 20, 21 and 22 confer power to make provision amending or otherwise relating to Schedule 1 to the Crime (Sentences) Act 1997, they also extend to the Channel Islands.”
17: Clause 23, page 19, line 13, at end insert—
“( ) The power conferred by paragraph 19 of Schedule 1 to the Crime (Sentences) Act 1997 (power to extend to Isle of Man) is exercisable in relation to any amendment of that Act that is made by this Act.”