Offender Management Act 2007

Part 1New arrangements for the provision of probation services

Probation purposes

1Meaning of “the probation purposes”

Functions of the Secretary of State

2Responsibility for ensuring the provision of probation services

3Power to make arrangements for the provision of probation services

4Restriction on certain arrangements under section 3

5Power to establish probation trusts

6Power to make grants for probation purposes etc

7National standards for the management of offenders

9Officers of providers of probation services

10National framework for qualifications of officers

10ADuty to consult on unpaid work requirements

11Abolition of local probation boards and transfers of property etc and staff

12The inspectorate

13Approved premises

13AApproved premises: substance testing

14Disclosure for offender management purposes

15Power to repeal section 4

Contracted out prisons and secure training centres

16Power of search in contracted out prisons and secure training centres

17Power of detention in contracted out prisons and secure training centres

18Powers of authorised persons to perform custodial duties and search prisoners

19Powers of director of a contracted out prison

20Amendment of section 87 of the Criminal Justice Act 1991

Offences relating to prison security

21Assisting a prisoner to escape

22Conveyance of prohibited articles into or out of prison

23Other offences relating to prison security

24Offences under sections 40B to 40D of the Prison Act 1952: extension of Crown immunity

Other amendments of the Prison Act 1952

25Removal of requirement to appoint a medical officer etc

26Independent monitoring boards

27Amendment of section 8A of the Prison Act 1952

Part 3Other provisions about the management of offenders

Polygraph conditions for certain offenders released on licence

28Application of polygraph condition

29Effect of polygraph condition

30Use in criminal proceedings of evidence from polygraph sessions

Accreditation of programmes

31Accreditation of programmes for purposes of programme requirements

Young offenders

32Functions of Youth Justice Board

33Detention and training orders: early release

34Accommodation in which period of detention and training to be served

35Escort arrangements

Part 4Supplemental

36Orders and regulations

37Financial provisions

38Power to make consequential and transitional provision etc

39Minor and consequential amendments, transitionals, and repeals

SCHEDULE 1Probation trusts: further provisions

Name and status

1(1) A probation trust is a body corporate.

2A probation trust is not to be regarded as the...

Membership and terms of appointment

3(1) A probation trust shall consist of—

4(1) An appointed member holds and vacates office (and may...

Remuneration etc of members

5(1) The Secretary of State shall— (a) pay appointed members...

Chief executive and other employees

6(1) A probation trust shall have a chief executive appointed...

7(1) A probation trust may appoint such employees (in addition...

8The determination of terms of employment under paragraph 6(2) or...

Proceedings and delegation

9A probation trust may regulate its own procedure (including quorum)....

10The validity of any proceedings of a probation trust is...

11(1) A probation trust may authorise an appointed member, a...

12(1) A probation trust has power to do anything (including...

Accounts and records

13(1) A probation trust must— (a) keep proper accounts and...

Duty to comply with directions

14(1) A probation trust must comply with any general or...

SCHEDULE 2Transfers of property etc and staff in connection with probation services arrangements

Transfer schemes: preliminary

1(1) A property transfer scheme or a staff transfer scheme...

Property transfer schemes

2(1) The Secretary of State may make a scheme (“the...

3(1) This paragraph applies where a property transfer scheme is...

4(1) Anything done by or in relation to the transferor...

Staff transfer schemes

5(1) The Secretary of State may make a scheme (“the...

6(1) This paragraph applies to an employee of a probation...

7(1) This paragraph applies where an employee of a probation...

8(1) This paragraph applies to an individual who is to...

9(1) Nothing in this Schedule prejudices any right of an...

10(1) Where an employee's contract of employment with—

SCHEDULE 3Minor and consequential amendments

Part 1New arrangements for the provision of probation services

Race Relations Act 1976 (c. 74)

Interpretation Act 1978 (c. 30)

2In Schedule 1 to the Interpretation Act 1978 (words and...

Crime and Disorder Act 1998 (c. 37)

3(1) The Crime and Disorder Act 1998 is amended as...

Children Act 2004 (c. 31)

4(1) The Children Act 2004 is amended as follows.

Local Government and Public Involvement in Health Act 2007

5(1) Section 104 of the Local Government and Public Involvement...

Prison Act 1952 (c. 52)

6In section 19 of the Prison Act 1952 (right of...

Race Relations Act 1976 (c. 74)

7In Part 2 of Schedule 1A to the Race Relations...

Employment Rights Act 1996 (c. 18)

8In section 50 of the Employment Rights Act 1996 (right...

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

9In section 99 of the Powers of Criminal Courts (Sentencing)...

Freedom of Information Act 2000 (c. 36)

10In Part 6 of Schedule 1 to the Freedom of...

Part 3DTOs: accommodation

Prison Act 1952 (c. 52)

11(1) Section 49 of the Prison Act 1952 (persons unlawfully...

Army Act 1955 (3 & 4 Eliz. 2 c. 18)

12(1) The Army Act 1955 is amended as follows.

Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)

13(1) The Air Force Act 1955 is amended as follows....

Naval Discipline Act 1957 (c. 53)

14(1) The Naval Discipline Act 1957 is amended as follows....

Crime (Sentences) Act 1997 (c. 43)

15(1) Schedule 1 to the Crime (Sentences) Act 1997 (transfer...

Crime and Disorder Act 1998 (c. 37)

16(1) Section 41(5) of the Crime and Disorder Act 1998...

Armed Forces Act 2006 (c. 52)

17(1) The Armed Forces Act 2006 is amended as follows....

Part 4Escort arrangements

Imprisonment (Temporary Provisions) Act 1980 (c. 57)

18(1) Section 6 of the Imprisonment (Temporary Provisions) Act 1980...

Criminal Justice and Public Order Act 1994 (c. 33)

19The Criminal Justice and Public Order Act 1994 is amended...

20In section 9 (powers and duties of custody officers employed...

21In section 12 (escort arrangements and officers)—

22In the sidenote to section 13 (protection of custody officers...

23(1) In section 14(1) (wrongful disclosure of information relating to...

24In section 15 (interpretation of sections 7 to 14), after...

25In paragraph 2(1)(b) of Schedule 1, for “offenders” there is...

26In paragraph 3 of Schedule 1— (a) in paragraphs (a)...

SCHEDULE 4Transitional and transitory provisions and savings

Part 1Provisions relating to Part 1

Compensation for certain former chief officers of local probation boards

1The Secretary of State may pay such compensation as he...

Continuity of employment where chief officer is appointed chief executive of a probation trust

2(1) If a person who holds office as chief officer...

General saving for existing functions of the Secretary of State

3Nothing in the provisions of Part 1 conferring functions on...

4Expressions used in this Part of this Schedule have the...

Part 2Provisions relating to Part 2

Penalty for offences under sections 40C & 40D of the Prison Act 1952

5In the application of section 40C and 40D of the...

Part 3Provisions relating to Part 3

Imprisonment of offenders aged 18 or over but under 21

6(1) Sub-paragraph (2) applies if section 35(4)(a) comes into force...

7If section 59 of the Criminal Justice and Court Services...

SCHEDULE 5Repeals

Part 1Probation services

Part 3Miscellaneous

Offender Management Act 2007

2007 c. 21

An Act to make provision about the provision of probation services, prisons and other matters relating to the management of offenders; and for connected purposes.

[26th July 2007]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—