Moved by
Earl Attlee
241: After Clause 164, insert the following new Clause—
“Training for offenders
(1) The Sentencing Code is amended as follows.
(2) After section 276, insert—
“276A Detention for Training at Her Majesty’s pleasure for offenders aged at least 18 but under 27
(1) A sentence of Detention for Training at Her Majesty’s pleasure is available to a court dealing with an offender for an offence where—
(a) the offender is aged at least 18 but under 27 when convicted,
(b) the offence is punishable by that court with imprisonment in the case of a person aged 21 or over,
(c) the court is not required to pass a sentence of—
(i) detention during Her Majesty’s pleasure (see section 259), or
(ii) custody for life (see sections 272 and 275), and
(d) the court is satisfied the offender would benefit from the training that would be provided.
(2) The power of the court to impose such a sentence is not subject to section 230 (threshold for imposing discretionary custodial sentence).
(3) Section 244 of the Criminal Justice Act 2003 (duty to release) is not applicable to a sentence of Detention for Training at Her Majesty’s pleasure.
276B Term of sentence of Detention for Training at Her Majesty’s pleasure
(1) The maximum full term of Detention for Training at Her Majesty’s pleasure that a court may impose for an offence is the same as the maximum term of imprisonment that it may impose for the offence in the case of a person aged 21 or over.
(2) The minimum term of a sentence of Detention for Training at Her Majesty’s pleasure is 12 months.
(3) The term of a sentence of Detention for Training at Her Majesty’s pleasure must be the term (not exceeding the permitted maximum) that in the opinion of the court is commensurate with—
(a) the seriousness of the offence,
(b) providing enough time for the three stages of Detention for Training at Her Majesty’s pleasure to be effective, and
(c) providing a sufficiently strong incentive for the offender to be motivated to meet the improvements in conduct, training, education and performance determined under section 276C in order to move onto Gradual and Safe Release under section 276I.
(4) In forming its opinion for the purposes of subsection (3), the court must take into account all the information that is available to it about the circumstances of the offence, or of it and the associated offence or offences, including any aggravating or mitigating factors.
(5) The pre-sentence report requirements in section 30 apply to the court in relation to forming that opinion.
(6) See section 232 for additional requirements in the case of an offender suffering from a mental disorder.
(7) The court may impose a sentence of Detention for Training at Her Majesty’s pleasure only if it is satisfied that the offender would benefit from it.
276C Improvements in conduct, training, education and performance
(1) When imposing a sentence of Detention for Training at Her Majesty’s pleasure, subject to subsection (2), the court must determine what objectively measured improvement in conduct, training, education and performance is to be achieved by the offender before being considered for the final stage of training (gradual and safe release).
(2) When making the determination mentioned in subsection (1) the court must set improvement requirements that—
(a) are demanding but achievable,
(b) can be objectively measured using the system mentioned in subsection (3),
(c) take into account the capacity of the offender to improve, given sufficient incentive,
(d) take into account the seriousness of the offence in question,
(e) take into account the needs of the offender,
(f) take into account the availability of training offered by the Secretary of State, and
(g) significantly improve the chances of the offender exclusively engaging in legitimate employment.
(3) The Secretary of State must devise and implement an objective system for measuring the offender’s improvement in education, training and conduct.
276D Location and security of training and electronic communications
(1) The Secretary of State must locate the necessary training centres in rural locations sufficiently remote to—
(a) sever the trainees from malign gang influences,
(b) eliminate trainees’ access to illegal substances,
(c) eliminate trainees’ access to mobile phone signals and illegal electronic equipment,
(d) provide the necessary security by means of remoteness rather than physical security, and
(e) minimise expenditure on physical security.
(2) Subject to subsections (3) and (4) the Secretary of State may—
(a) direct telecommunication companies to take steps to have the effect of electronically isolating trainees, and
(b) make a drone exclusion order and emit electronic signals designed to cause any drone to crash or to come under the control of the Secretary of State.
(3) Before making any direction under subsection (2), the Secretary of State must individually consult every adult resident directly affected by the requirements of any such direction.
(4) The Secretary of State may offer inducements and compensation to residents adversely affected by directions made under subsection (2).
(5) The Secretary of State may conduct the training mentioned in sections 276G and 276H in such locations as he or she sees fit.
276E Training teams
(1) The Secretary of State may arrange for trainees to undertake their training as part of a team.
(2) The Secretary of State may arrange for training teams to be composed with trainees from multiple regions.
(3) The Secretary of State may arrange that the teams are competing against each other, especially in exercises.
(4) The Secretary of State may arrange that a team can be disadvantaged in terms of privileges and conditions for the team if—
(a) the team does not predominate in a training exercise, or
(b) a member of the team commits misconduct.
276F Components of Detention for Training at Her Majesty’s pleasure
(1) There are to be three stages of Detention for Training at Her Majesty's pleasure—
(a) Basic Compliance Training;
(b) Employability Training;
(c) Gradual and Safe Release.
(2) Trainees must be required to pass out on each stage of training before attempting a later stage of the training.
276G Basic Compliance Training
(1) The Secretary of State must structure Basic Compliance Training to instil—
(a) hope,
(b) pride, and
(c) discipline.
(2) The components of Basic Compliance Training must include, but are not limited to—
(a) hope for the future,
(b) appearance, dress and bearing,
(c) teamwork,
(d) nutrition and cooking,
(e) basic literacy and numeracy,
(f) map reading,
(g) first aid training,
(h) personal conduct and anger management, both theory and practice, and
(i) field craft and camping.
(3) The purpose of Basic Compliance Training is to allow the Secretary of State to take greater risks with the trainee and to give the trainee increased personal responsibility for his or her actions.
276H Employability Training
(1) Employability Training must be composed of trade training, education and personal development.
(2) The Secretary of State must structure Employability Training to minimise the probability of re-offending and maximise the offender’s chances of securing permanent good quality legitimate employment.
(3) The components of Employability Training must include, but are not limited to—
(a) hope for the future,
(b) dress and bearing,
(c) teamwork,
(d) nutrition and cooking,
(e) basic literacy and numeracy,
(f) map reading,
(g) first aid training for a First Aid at Work Certificate,
(h) personal conduct and anger management, both theory and practice,
(i) adventure training,
(j) training in basic fire fighting,
(k) training in safe operation of hand-held power tools,
(l) training in basic risk assessment,
(m) training to acquire a basic construction skills certificate,
(n) training to operate a forklift truck,
(o) training to erect a prefabricated aluminium access tower, and
(p) training exercises both long and short, to test and practise skills.
276I Gradual and Safe Release
(1) The Secretary of State must structure Gradual and Safe Release to minimise the probability of re-offending and maximise the offender’s chances of securing accommodation and permanent good quality employment.
(2) The components of Gradual and Safe Release must include, but are not limited to—
(a) arrangements for safe accommodation, not necessarily in the area where the offender was previously resident,
(b) arrangements for employment to suit the capability of the offender,
(c) requirements not to visit designated areas or places,
(d) curfew requirements,
(e) abstinence from substance abuse requirements, and
(f) tagging requirements.
276J Release on temporary licence for offenders Detained for Training at Her Majesty’s pleasure
(1) The Secretary of State may grant Release On Temporary Licence (ROTL) to any offender serving a sentence of Detention for Training at Her Majesty’s pleasure subject to the conditions in subsection (3).
(2) When granting ROTL the Secretary of State may require the offender to—
(a) wear an approved tag,
(b) adhere to geographical limits,
(c) adhere to sobriety requirements,
(d) not engage in substance abuse,
(e) not use an unauthorised mobile phone or other types of electronic equipment, and
(f) not meet or communicate with certain persons or classes of persons.
(3) The conditions mentioned in subsection (1) are—
(a) an offender who has not passed out on Basic Compliance training can be granted ROTL only in exceptional circumstances,
(b) ROTL can be granted for weekend leave,
(c) ROTL can be granted to enable an offender to travel from one training location to another, and
(d) when the offender is on the final stage of Gradual and Safe Release, ROTL can be granted to attend work or live away from prison facilities for extended periods.
276K Effect of non-compliance or not engaging with training
(1) Where the conditions mentioned in subsection (2) are met, the Secretary of State may apply to the court to have the remaining part of the offender’s sentence converted to a sentence of imprisonment for the remaining portion of the sentence.
(2) The conditions mentioned in subsection (1) are that the offender sentenced to be Detained for Training at Her Majesty’s pleasure consistently—
(a) fails to make reasonable efforts to comply with the training requirements,
(b) makes little or no attempt to address areas for improvement identified by the court under section 276C, or
(c) fails to honour the terms of ROTL under section 276J.
276L Appointment of mentor for offenders Detained for Training at Her Majesty’s pleasure
(1) The Secretary of State must appoint a mentor to each offender Detained for Training at Her Majesty’s pleasure.
(2) The role of the mentor is to provide—
(a) a positive male role model for the trainee,
(b) a lay person with the necessary skills to look after the interests of the trainee,
(c) a person to whom the trainee can complain about any mistreatment, perceived or real,
(d) a person who can skilfully deal with bureaucracy on behalf the trainee when on Gradual and Safe Release, and
(e) a person who can attend any passing out or other events.
(3) The Secretary of State and prison governors must engage constructively with any mentor appointed under this section when the mentor is undertaking these duties.””