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)
| Provision | Date of Commencement | S.I. No. |
|---|---|---|
| Section 1 (partially) | 1.4.2008 | 2008/504 |
| Section 2 (partially) | 1.4.2008 | 2008/504 |
| Section 3 (partially) | 1.4.2008 | 2008/504 |
| Section 4 (partially) | 1.4.2008 | 2008/504 |
| Section 5 | 1.3.2008 | 2008/504 |
| Section 6 (partially) | 1.4.2008 | 2008/504 |
| Section 7 (partially) | 1.4.2008 | 2008/504 |
| Section 8 (partially) | 1.4.2008 | 2008/504 |
| Section 9 | 1.4.2008 | 2008/504 |
| Section 10 (partially) | 1.4.2008 | 2008/504 |
| Section 11 (partially) | 1.3.2008 | 2008/504 |
| Section 11 (partially) | 1.4.2008 | 2008/504 |
| Section 12 (partially) | 1.4.2008 | 2008/504 |
| Sections 13 and 14 | 1.4.2008 | 2008/504 |
| Section 15 (partially) | 1.4.2008 | 2008/504 |
| Sections 16 to 20 | 1.11.2007 | 2007/3001 |
| Sections 21 to 24 | 1.4.2008 | 2008/504 |
| Sections 25 to 27 | 1.11.2007 | 2007/3001 |
| Section 31 | 1.5.2008 | 2007/3001 |
| Sections 32 to 38 | 1.11.2007 | 2007/3001 |
| Section 39 (partially) | 1.11.2007 | 2007/3001 |
| Section 39 (partially) | 1.4.2008 | 2008/504 |
| Section 39 (partially) | 1.5.2008 | 2007/3001 |
| Section 40 | 1.11.2007 | 2007/3001 |
| Schedules 1 and 2 | 1.3.2008 | 2008/504 |
| Schedule 3, Part 1 | 1.4.2008 | 2008/504 |
| Schedule 3, Parts 2, 3 and 4 | 1.11.2007 | 2007/3001 |
| Schedule 4, Parts 1 and 2 | 1.4.2008 | 2008/504 |
| Schedule 4, Part 3 | 1.11.2007 | 2007/3001 |
| Schedule 5, Part 1 (partially) | 1.4.2008 | 2008/504 |
| Schedule 5, Part 2 (partially) | 1.11.2007 | 2007/3001 |
| Schedule 5, Part 2 (for remaining purposes) | 1.4.2008 | 2008/504 |
| Schedule 5, Part 3 (partially) | 1.11.2007 | 2007/3001 |
| Schedule 5, Part 3 (for remaining purposes) | 1.5.2008 | 2007/3001 |
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.