Offender Management Act 2007

Offender Management Act 2007

2007 CHAPTER 21

Commentary on Sections

Part 1: Probation Services

Section 14: Disclosure for offender management purposes

82. This section clarifies the powers of certain bodies to share data for any purpose mentioned in subsection (4).

83. Subsections (1) and (2) list the entities who are able to benefit from the power to share data.

84. Subsection (3) provides the power to share data but only if the disclosure is necessary or expedient for purposes mentioned in subsection (4). This subsection enables the bodies listed in subsection (1) to share data with one another. It also enables disclosure between those bodies and the bodies listed in subsection (2). The section does not authorise disclosures between bodies listed in subsection (2). However, there may be powers outside this Act that authorise these.

85. Subsection (4) specifies the purposes for which disclosures are permitted by the section. These include the probation purposes (see section 1), the performance of functions of the Secretary of State, other persons to whom section 14 applies and persons listed in subsection (2), provided the functions relate to prisons or prisoners or for other purposes connected with the management of offenders.

86. Subsection (5) expands upon the meaning of functions, prisons, and prisoners, and confirms that young offender institutions and secure training centres, together with those persons detained within them, are treated as prisons or prisoners respectively for the purposes of this clause.

87. Subsection (6) confirms that the power to exchange information by virtue of this section does not affect any existing power to share data that exists independently of the section (e.g. section 34 of the Serious Organised Crime and Police Act 2005 (c.15)) and that any such exchange is subject to existing safeguards regarding the sharing of data.

88. Subsection (7) creates a power for the Secretary of State to amend any passed enactment in the current or previous sessions, which would otherwise prevent the sharing of data permitted by this section. Section 36 provides that this order making power is subject to the affirmative resolution procedure.

89. Subsection (9) defines relevant contractor for the purposes of subsection (2) and confirms that those contracted to provide prison, young offender institution, secure training centre and related escort services are within the ambit of the section.

90. Subsection (10) defines “enactment” for the purposes of subsection (6) so as to include any subordinate legislation within the meaning of the Interpretation Act 1978.