We are testing a new beta website for gov.scot go to new site

Justice Department Circular 4 of 2006 - Management of Offenders Act 2005

DescriptionJustice Department circular number 4 of 2006 about the Management of Offenders Act 2005
ISBN
Official Print Publication Date
Website Publication DateMay 23, 2006

This circular is available in PDF format here.

Scottish Executive Justice Department Circular JD/4/2006

19 May 2006

Dear Sir/Madam

MANAGEMENT OF OFFENDERS ETC. ( SCOTLAND ) ACT 2005:

(COMMENCEMENT No.1) ORDER 2006

THE COMMUNITY JUSTICE AUTHORITIES (ESTABLISHMENT, CONSTITUTION AND PROCEEDINGS ( SCOTLAND ) ORDER 2006

(DESIGNATION OF PARTNER BODIES) ORDER 2006

The Management of Offenders etc. (Scotland) Act 2005 received Royal Assent on 8 December 2005. This circular contains information on the provisions of the Act which are being brought into effect by the Management of Offenders etc. (Scotland) Act 2005 (Commencement No. 1) Order 2006 which was made on 7 February 2006. It also deals specifically with the above Orders which establish Community Justice Authorities and designate partner bodies.

Annex A sets out the sections of the Act that are being commenced, gives details of when each provision comes into force, and explains briefly the reasons behind the order of their commencement. JD Circular 3/2006 issued on 26 January relates to Section 12 of the Act on Probation Progress Reviews. Further circulars will be issued on areas not relating to Community Justice Authorities as necessary.

Annexes B and C set out the provisions of the Establishment, Constitution and Proceedings (Scotland) Order 2006 and the Designation of Partner Bodies Order 2006. These Orders:

(i) establish, and make provision for the constitution of, eight Community Justice Authorities; and

(ii) specify the designated statutory partner bodies as defined in section 3(23) of the Act. There will be further non-statutory partners who will be covered in guidance.

Copies of the Management of Offenders etc. (Scotland) Act 2005 and of the Orders can be obtained from HMSO bookshops: www.hmso.gov.uk.

A copy of this circular can be found on the Scottish Executive website: http://www.scotland.gov.uk/Topics/Justice/jdcirculars/listjdcirculars.

Yours faithfully

Elizabeth Carmichael

_

ANNEX A

PROVISIONS BEING COMMENCED IN THE MANAGEMENT OF OFFENDERS ETC. ( SCOTLAND ) ACT 2005 (COMMENCEMENT No. 1) ORDER 2006

This Order brings into force the provisions in the Management of Offenders etc. (Scotland) Act 2005 as specified in the Schedule to the Order. The provisions specified in Part 1 of the Schedule were brought into force on 8 February 2006 and the provisions specified in Part 2 of the Schedule were brought into force on 3 April 2006.

Commencement on 8 February 2006 :

Section 3(1); 3(3); 3(4); 3(11); 3(12); 3(23); 3(24); & 3(25) - Community Justice Authorities

Section 12 - Probation progress review

Section 15(1); 15(2); 15(3); 15(7); 15(10); & 15(14) - Amendment of Prisoners and Criminal Proceedings ( Scotland ) Act 1993

Section 16 - Testing prisoners for drugs

Section 18 - Offender's failure to comply with notification requirements: jurisdiction of Scottish courts

Section 21(1)(a)(ii); 21(1)(b) and (c); 21(4); 21(5); 21(8); & 21(10) - Further amendments and repeal

Section 3 makes provision for the establishment of Community Justice Authorities.

Section 12 inserts a new section 229A into the Criminal Procedure (Scotland) Act 1995 and makes a minor amendment to section 232 of that Act. The broad aim is to provide courts with the power to hold progress review hearings for those with a probation order, should they consider that to be appropriate in a particular case.

Section 15 amends the Prisoners and Criminal Proceeding (Scotland) Act 1993 to provide that short-term sex offenders shall, on release at the half-way point of sentence, be subject to licence conditions - including electronic monitoring if considered appropriate - and supervision for the remainder of their sentence. The provisions in the 1993 Act dealing with licence conditions, supervision, revocation of licence and recall to custody will apply to these offenders.

Section 16 amends section 41B of the Prisons (Scotland) Act 1989 so as to enable the Scottish Prison Service to test prisoners for controlled drugs by means of saliva samples in addition to the existing power to require urine samples.

Section 18 substitutes a new version of section 91(4) of the Sexual Offences Act 2003 to enable proceedings for an offence under section 91 to be commenced in a wider range of situations.

Section 21 makes a number of amendments connected with the provisions in section 1 to 20 of this Act. Amendments in relation to Home Detention Curfew provisions relate to enactments concerned with cross-border transfer of prisoners, repatriation of prisoners, the International Criminal Court, and remote monitoring of prisoners released on licence.

Commencement on 3 April 2006:

Section 1 to 2 - Co-operation

Section 3(2); 3(5)(a), (d), (f), (g), and (h); 3(8); 3(9); 3(13); 3(14); 3(15); 3(16); 3(17); 3(20)(b); 3(21); 3)22 - - Community Justice Authorities

Section 4 - Further provisions as respects Community Justice Authorities

Section 5(1)(a); 5(2); 5(3); 5(4) - Special duties of chief officer of Community Justice Authority

Section 6 - Power of Scottish Ministers to require action by Community Justice Authority: failure by that authority

Section 7 - Power of Scottish Ministers to require action by Community Justice Authority: failure by local authority

Section 8 - Transfer of functions to Community Justice Authority

Section 9 - Transfer of property to Community Justice Authority

Section 21(1)(a)(i); 21(2); 21(3); 21(7); 21(9); 21(11); 21(12) - - Further amendments and repeal

Section 1 imposes an obligation on Scottish Ministers, community justice authorities and local authorities to co-operate with one another in the carrying out of their respective functions. This general duty extends to local authorities co-operating with each other in the delivery of services.

Section 2 gives specified statutory persons a power to co-operate with one another for the purposes of inspections regarding the delivery of services to relevant persons, as defined in section 1 of the Act.

Section 3 makes provision for the functions and duties of Community Justice Authorities.

Section 4 provides Community Justice Authorities with the necessary means required to carry out the functions described in section 3.

Section 5 establishes duties on the chief officer of the Community Justice Authority to report to Scottish Ministers where the chief officer believes there to have been failures by a community justice authority, an appropriate local authority or Scottish Ministers in exercising their functions under the Prisons (Scotland) Act 1989.

Section 6 enables Scottish Ministers to intervene should a Community Justice Authority fail to adequately exercise its functions and duties.

Section 7 supplements section 6 and section 3(5)(c) which enables Community Justice Authorities to issue directions to local authorities within the area of a community justice authority.

Section 8 provides that Community Justice Authorities may be given the power to deliver criminal justice social work services (under sections 27(1), 27(1A), 27ZA or 27B of the Social Work (Scotland) Act 1968 (c.49)).

Section 9 contains provision for the transfer of property from local authorities or Scottish Ministers to a Community Justice Authority to facilitate discharge of that authority's function.

Section 21 makes a number of amendments connected with the provisions in section 1 to 20 of this Act. Amendments in relation to Home Detention Curfew provisions relate to enactments concerned with cross-border transfer of prisoners, repatriation of prisoners, the International Criminal Court, and remote monitoring of prisoners released on licence.

_

ANNEX B

THE COMMUNITY JUSTICE AUTHORITIES (ESTABLISHMENT, CONSTITUTION AND PROCEEDINGS ( SCOTLAND ) ORDER 2006

This Order establishes, and makes provision for the constitution of, eight Community Justice Authorities.

The role of Community Justice Authorities is to plan, co-ordinate, monitor and report on the delivery of offender services. Their statutory functions in terms of the Act include:

· to prepare, in consultation with other bodies responsible for the delivery of services, a plan for reducing reoffending;

· to monitor the performance of bodies responsible for the delivery of these services;

· to report annually to Scottish Ministers on delivery of services in compliance with the plan;

· to promote good practice;

· to allocate resources provided by Scottish Ministers to local authority criminal justice social work services; and

· to arrange with partner bodies for the sharing of information relating to relevant persons.

Community Justice Authorities came into operation on 3 April 2006 and in the first year their primary responsibility will be to produce a strategic plan for their area in consultation with statutory and non-statutory partner bodies. From April 2007, they will assume their full responsibilities which will additionally include disbursement of funds provided by Scottish Ministers for community based Criminal Justice Social Work services and monitoring the operational delivery of the services provided.

This Order specifies:

· the number of Community Justice Authorities and the number of members to be appointed by each local authority;

· the process for the appointment of Community Justice Authority members;

· the arrangements for the appointment of the convener and deputy convener;

· the arrangements for holding meetings of the Community Justice Authority;

· the representation of partner bodies and others at meetings;

· the voting arrangements for Community Justice Authority members;

· the quorum for meetings;

· the provision for making standing orders;

· that the Community Justice Authority may establish committees to assist the Community Justice Authority with the exercise of its functions;

· that the provisions of the Local Authorities Etc (Allowances) (Scotland) Regulations 1995 as amended shall apply in relation to payment of allowances to Community Justice Authority members;

· that the Community Justice Authority has power to pay expenses to persons who are not members of the authority;

· the provision of the supply of administrative functions by local authorities to Community Justice Authorities if requested; and

· the transitional arrangements during the establishment of Community Justice Authorities

_

ANNEX C

THE MANAGEMENT OF OFFENDERS ETC. ( SCOTLAND ) ACT 2005 (DESIGNATION OF PARTNER BODIES) ORDER 2006

The purpose of the Order is to designate the following bodies/individuals as statutory partners to their respective Community Justice Authorities:

· Police Force(s);

· Health Board(s);

· Individual/Organisations who are in receipt of funding above a level to be specified by Scottish Ministers to deliver offender services;

· Scottish Ministers, exercising functions currently undertaken through the Scottish Court Service;

· Local Procurator(s) Fiscal.

This Order deals only with statutory partners as defined in section 3(23) of the Act. There will be further non-statutory partners who will be covered in guidance. This will enable working partnerships where there are areas of common interests.

The role of Community Justice Authorities is to plan, co-ordinate, monitor and report on the delivery of offender services. Their statutory functions in terms of the Act include:

§ to prepare, in consultation with other bodies responsible for the delivery of services, a plan for reducing reoffending;

§ to monitor the performance of bodies responsible for the delivery of these services;

§ to report annually to Scottish Ministers on delivery of services in compliance with the plan;

§ to promote good practice;

§ to allocate resources provided by Scottish Ministers to local authority criminal justice social work services; and

§ to arrange with partner bodies for the sharing of information relating to relevant persons.

Community Justice Authorities came into operation on 3 April 2006. In the first year their primary responsibility will be to produce a strategic plan for their area in consultation with statutory and non-statutory partner bodies. From April 2007, they will assume their full responsibilities which will additionally include disbursement of funds provided by Scottish Ministers for community based Criminal Justice Social Work services and monitoring the operational delivery of the services provided.