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The Offender Management Act 2007 (Commencement No. 3) Order 2009

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Statutory Instruments

2009 No. 32 (C.1)

Probation, England And Wales

Prisons, England And Wales

The Offender Management Act 2007 (Commencement No. 3) Order 2009

Made

13th January 2009

The Secretary of State, in exercise of the powers conferred by sections 41(1), (2), (4) and (5)(a) of the Offender Management Act 2007(1), makes the following Order:

Citation and interpretation

1.  (1)  This Order may be cited as the Offender Management Act 2007 (Commencement No. 3) Order 2009.

(2) In this Order “the Act” means the Offender Management Act 2007.

Provisions coming into force in England and Wales on 19th January 2009

2.  The day appointed for the coming into force of section 30 (use in criminal proceedings of evidence from polygraph sessions) of the Act is 19th January 2009.

Provisions coming into force in the specified areas for the specified period

3.  The following provisions of the Act will come into force in relation to the areas specified in article 4 for the period specified in article 5—

(a)section 28 (application of polygraph condition); and

(b)section 29 (effect of polygraph condition).

Specified areas

4.  The areas specified are the following police areas(2)—

(a)Derbyshire;

(b)Leicestershire;

(c)Lincolnshire;

(d)Northamptonshire;

(e)Nottinghamshire;

(f)Staffordshire;

(g)Warwickshire;

(h)West Mercia; and

(i)West Midlands.

Specified period

5.  The provisions in article 3 will have effect in the areas specified in article 4 for a period beginning on 19th January 2009 and ending on 31st March 2012.

Signed by the authority of the Secretary of State

David Hanson

Minister of State

Ministry of Justice

13th January 2009

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force certain provisions of the Offender Management Act 2007(3). Article 2 commences in England and Wales provisions for the use in criminal proceedings of evidence from polygraph sessions from 19th January 2009.

Article 4 specifies the area in which the provisions in article 3 are brought into force. Article 5 specifies the period that these provisions are in force. These provisions enable the Secretary of State to include polygraph conditions for certain offenders released on licence. These provisions are being commenced in nine police areas in the East and West Midlands regions as part of a pilot scheme running from 19th January 2009 until 31st March 2012.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

ProvisionDate of CommencementS.I. No.
Section 1 (partially)1.4.20082008/504
Section 2 (partially)1.4.20082008/504
Section 3 (partially)1.4.20082008/504
Section 4 (partially)1.4.20082008/504
Section 51.3.20082008/504
Section 6 (partially)1.4.20082008/504
Section 7 (partially)1.4.20082008/504
Section 8 (partially)1.4.20082008/504
Section 91.4.20082008/504
Section 10 (partially)1.4.20082008/504
Section 11 (partially)1.3.20082008/504
Section 11 (partially)1.4.20082008/504
Section 12 (partially)1.4.20082008/504
Sections 13 and 141.4.20082008/504
Section 15 (partially)1.4.20082008/504
Sections 16 to 201.11.20072007/3001
Sections 21 to 241.4.20082008/504
Sections 25 to 271.11.20072007/3001
Section 311.5.20082007/3001
Sections 32 to 381.11.20072007/3001
Section 39 (partially)1.11.20072007/3001
Section 39 (partially)1.4.20082008/504
Section 39 (partially)1.5.20082007/3001
Section 401.11.20072007/3001
Schedules 1 and 21.3.20082008/504
Schedule 3, Part 11.4.20082008/504
Schedule 3, Parts 2, 3 and 41.11.20072007/3001
Schedule 4, Parts 1 and 21.4.20082008/504
Schedule 4, Part 31.11.20072007/3001
Schedule 5, Part 1 (partially)1.4.20082008/504
Schedule 5, Part 2 (partially)1.11.20072007/3001
Schedule 5, Part 2 (for remaining purposes)1.4.20082008/504
Schedule 5, Part 3 (partially)1.11.20072007/3001
Schedule 5, Part 3 (for remaining purposes)1.5.20082007/3001
(2)

The term “police area” has the meaning ascribed to it in section 101(1) of the Police Act 1996 (c. 16) by virtue of Schedule 1 to the Interpretation Act 1978 (c. 30). The police areas are listed in Schedule 1 to the Police Act 1996.

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