Offender Management Act 2007

Changes over time for: Section 28

Version Superseded: 05/07/2021

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Offender Management Act 2007, Section 28 is up to date with all changes known to be in force on or before 29 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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28Application of polygraph conditionE+W

This section has no associated Explanatory Notes

(1)The Secretary of State may include a polygraph condition in the licence of a person to whom this section applies.

(2)This section applies to a person serving a relevant custodial sentence in respect of a relevant sexual offence [F1or a relevant terrorist offence] who—

(a)is released on licence by the Secretary of State under any enactment; and

(b)is not aged under 18 on the day on which he is released.

(3)In this section “relevant custodial sentence” means—

(a)a sentence of imprisonment for a term of twelve months or more (including such a sentence imposed under section [F2226A or] 227 of the Criminal Justice Act 2003 (c. 44) [F3or under section 279 [F4or 282A] of the Sentencing Code]);

(b)a sentence of detention in a young offender institution for a term of twelve months or more;

(c)a sentence of detention under section 90 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) [F5or under section 259 of the Sentencing Code];

(d)a sentence of detention under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 [F6, or under section 250 of the Sentencing Code,] for a period of twelve months or more;

(e)a sentence of custody for life under section 93 or 94 of the Powers of Criminal Courts (Sentencing) Act 2000 [F7or under section 272 or 275 of the Sentencing Code]; F8...

(f)a sentence of detention under section 226 [F9, 226B] or 228 of the Criminal Justice Act 2003 [F10or under section 254 or 258 of the Sentencing Code] [F11or

(g)a sentence of detention under section 252A of the Sentencing Code.]

(4)In this section “relevant sexual offence” means—

(a)an offence specified in Part 2 of Schedule 15 to the Criminal Justice Act 2003 (specified sexual offences);

(b)an offence specified in paragraphs 1 to 21 of Schedule 16 to that Act (offences under the law of Scotland); or

(c)an offence specified in Part 2 of Schedule 17 to that Act (offences under the law of Northern Ireland).

[F12(4A)In this section “relevant terrorist offence” means—

(a)an offence that is specified in Part 1 or 2 of Schedule 19ZA to the Criminal Justice Act 2003 (terrorism offences carrying restricted eligibility for release on licence),

(b)a service offence as respects which the corresponding civil offence is so specified, or

(c)an offence that was determined to have a terrorist connection.

(4B)In subsection (4A)—

(a)in paragraph (b), “service offence” and “corresponding civil offence” have the same meaning as in the Counter-Terrorism Act 2008 (see section 95 of that Act);

(b)paragraph (c) is to be read in accordance with section 247A(7A) of the Criminal Justice Act 2003 (meaning of offences determined to have a terrorist connection).]

(5)In section 250(4) of the Criminal Justice Act 2003 (licence conditions for prisoners serving sentences of imprisonment of twelve months or more etc), in paragraph (b)(i) after “Criminal Justice and Court Services Act 2000” there is inserted “ or section 28 of the Offender Management Act 2007 ”.

Textual Amendments

F1Words in s. 28(2) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 32(2)(a), 50(2)(q)

F2Words in s. 28(3)(a) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 21 para. 32(2); S.I. 2012/2906, art. 2(s)

F3Words in s. 28(3)(a) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 263(a) (with Sch. 27); S.I. 2020/1236, reg. 2

F4Words in s. 28(3)(a) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 10

F5Words in s. 28(3)(c) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 263(b) (with Sch. 27); S.I. 2020/1236, reg. 2

F6Words in s. 28(3)(d) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 263(c) (with Sch. 27); S.I. 2020/1236, reg. 2

F7Words in s. 28(3)(e) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 263(d) (with Sch. 27); S.I. 2020/1236, reg. 2

F8Word in s. 28(3) omitted (30.4.2021) by virtue of Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 24(a)

F9Word in s. 28(3)(f) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 21 para. 32(3); S.I. 2012/2906, art. 2(s)

F10Words in s. 28(3)(f) inserted (1.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 263(e) (with Sch. 27); S.I. 2020/1236, reg. 2

F11S. 28(3)(g) and word inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 24(b)