Caroline Nokes
MP for Romsey and Southampton North · Conservative · United Kingdom
“I thank the right hon. Gentleman for his point of order. He will be conscious that there are in the region of 15 more Members wishing to speak in this debate, and we have not yet heard from the Minister, so I am not minded to accept a closure motion at this point.”
“(3) For paragraph (3A) substitute— “(3A) The returning officer shall also provide each polling station with such equipment as is necessary to ensure that relevant persons are able to vote independently and in secret, including— (a) tactile equipment that enables the voter to navigate the ballot paper and accurately mark their chosen candi…”
“(2) During the period commencing 30 minutes before the time appointed for the taking of a poll at an election, and ending 30 minutes after the close of the said poll, a person shall not, in or in the curtilage of a polling station or in any place within 50 metres of such station, for the purpose of promoting the interest of a political pa…”
“New clause 97— Power of Electoral Commission to require disclosure from financial institutions — “In Schedule 19B of the Political Parties, Elections and Referendums Act 2000 (investigatory powers of Commission), after paragraph 1 insert— “Power to require disclosure from financial institutions 1A(1) The Commission may give a disclosure n…”
“() In paragraph 6 of schedule 6 (Donations from impermissible donors), after “section 54(1)(a)” insert— “or section 55B.” (8) In Schedule 20, in Table after Section 56(3) or (4) (failure to return donations) On summary conviction: statutory maximum or 6 months On indictment: fine or 1 year” Insert— Section 55A(8) (cap on donations) On sum…”
“(2) The specified elections for the purposes of subsection (1) are— (a) UK parliamentary elections, and (b) local government elections in England and Wales.”
The complete record
Every one of 5,486 lines we hold for Caroline Nokes, in date order, each linked to its source. Free to read, in full, without an account. Page 17 of 110.
“(10) In the application of this section to Northern Ireland— (a) subsection (2)(b) shall read as if for the words after “failed to” there were substituted “impose a sentence required by— (i) Article 70(2) of the Firearms (Northern Ireland) Order 2004, (ii) paragraph 2(4) or (5) of Schedule 2 to the Violent Crime Reduction Act 2006, (iii) Article 13 or 14 of the Criminal Justice (Northern Ireland) Order 2008, or (iv) section 7(2) of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015”.”
“(8) A reference under subsection (6) shall be made only with the leave of the Court of Appeal or the Supreme Court and leave shall not be granted unless it is certified by the Court of Appeal that the point of law is of general public importance and it appears to the Court of Appeal or the Supreme Court (as the case may be) that the point is one which ought to be considered by the Supreme Court. (9) For the purpose of dealing with a case under this section, the Supreme Court may exercise any powers of the Court of Appeal.”
“(7) Where the Court of Appeal has concluded its review of a case referred to it under this section, and given its judgment thereon, the Court of Appeal, the petitioner or the person sentenced may refer a point of law involved in any sentence passed on the person sentenced to the Supreme Court for its opinion, and the Supreme Court shall consider the point and give its opinion on it accordingly, and either remit the case to the Court of Appeal to be dealt with or itself deal with the case.”
“(5) Where a reference under this section relates to a minimum term order made under section 321 of the Sentencing Code, the Court of Appeal shall not, in deciding what order under that section is appropriate for the case, make any allowance for the fact that the person to whom it relates is being sentenced for a second time. (6) No judge shall sit as a member of the Court of Appeal on the hearing of, or shall determine any application in proceedings incidental or preliminary to, a reference under this section of a sentence passed by himself.”
“(2) The Secretary of State may by regulations stipulate the information and form that the petitioner must provide when filing the reference. (3) Without prejudice to the generality of subsection (1) above, the condition specified in paragraph (a) of that subsection may be satisfied whether or not it appears that the judge— (a) erred in law as to his powers of sentencing; or (b) failed to comply with a mandatory sentence requirement under section 399(b) or (c) of the Sentencing Code. (4) For the purposes of this Part, any two or more sentences are to be treated as passed in the same proceeding if they would be so treated for the purposes of section 11 of the Criminal Appeal Act 1968.”
“36B Criminal cases review (public petition) (1) If it appears to any adult British citizen aged 18 or over— (a) that the sentencing of a person in a proceeding in the Crown Court (“the person sentenced”) has been unduly lenient or unduly harsh; and (b) that the case is one to which section 36A applies, that British citizen (“the petitioner”) may refer the case to the Criminal Cases Review Commission (“the Commission”) for it to review the sentencing of the person sentenced, in accordance with section 36C below, and if the Commission refers the case to the Court of Appeal, upon such a reference the Court of Appeal may— (i) quash any sentence passed on the person sentenced; and (ii) in place of it pass such sentence as they think appropriate for the case and as the lower court had power to pass when dealing with the person sentenced, provided that the petitioner has filed the reference with the Commission in writing, signed by at least 500 signatures (“the co-petitioners”) including his own.”
“(10) For subsection (5), in Northern Ireland an order under subsection (4) shall be a statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (and not a statutory instrument), and any such order shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954). (11) References in subsection (6) to the Criminal Appeal Act 1968 and Part III of the Mental Health Act 1983 shall be respectively construed as references to Part I of the Criminal Appeal (Northern Ireland) Act 1980 and Part III of the Mental Health (Northern Ireland) Order 1986.”
“(6) In this Part, “sentence” has the same meaning as in the Criminal Appeal Act 1968, except that it does not include an interim hospital order under Part III of the Mental Health Act 1983, and “sentencing” shall be construed accordingly. (7) In its application to Northern Ireland, this section shall have effect subject to the modifications set out in subsections (8) to (11). (8) Subsection (2) shall not apply to Northern Ireland. (9) In this section— “offence triable only on indictment” means an offence punishable only on conviction on indictment; “offence triable either way” means an offence punishable on conviction on indictment or on summary conviction; and any reference in subsection (4) to the Secretary of State must be construed as a reference to the Department of Justice in Northern Ireland.”
“(3) This Part applies to any case— (a) of a description specified in an order under this section; or (b) in which sentence is passed on a person— (i) for an offence triable only on indictment; or (ii) for an offence of a description specified in an order under this section. (4) The Secretary of State may by order provide that this section shall apply to any case of a description specified in the order or to any case in which sentence is passed on a person for an offence triable either way of a description specified in the order. (5) A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.”
“It would apply an automatic deportation order to foreign criminals sentenced to at least six months’ imprisonment or a six month community sentence. New clause 26— Criminal cases review — “(1) The Criminal Justice Act 1988 is amended as follows. (2) After section 36 (Reviews of sentencing), insert— ‘Part IVB CRIMINAL CASES REVIEW (PUBLIC PETITION) 36A Scope of this Part (1) A case to which this Part applies may be referred to the Court of Appeal under section 2 below. (2) Subject to Rules of Court, the jurisdiction of the Court of Appeal under section 36B shall be exercised by the criminal division of the Court, and references to the Court of Appeal in this Part shall be construed as references to that division.”
“New clause 24— Sentencing Council — “The Sentencing Council of England and Wales is abolished.” New clause 25— Deportation of foreign criminals — “(1) A foreign criminal who has been sentenced to— (a) a custodial sentence of at least 6 months; or (b) a community sentence of at least 6 months, must be the subject of an immediate deportation order, subject to subsection (2) below. (2) The Secretary of State may determine, in exceptional cases, that a deportation order under subsection (1) does not apply. (3) In this section, ‘foreign criminal’ means a person who— (a) is not a British citizen or an Irish citizen, and (b) is convicted in the United Kingdom of an offence.” This new clause is intended to replace Clause 42.”
“(3) A report made under this section must include— (a) recommendations for legislative or administrative steps to prevent any instances of injustice arising from changes in the law; and (b) data on the number of persons serving sentences in the scenario set out in subsection (1)(a) and, of those, the number who remain imprisoned.” This new clause would create a statutory duty for the Government to review, on a recurring basis, how changes to the law affect those already convicted or sentenced.”
“New clause 23— Review of the impact of a change in the law on unspent convictions — “(1) The Secretary of State must, within 12 months of the passing of this Act, lay before Parliament a report reviewing— (a) the effect of changes in the criminal law, whether legislative or judicial, on those serving sentences for offences that would attract a different sentence following the subsequent changes to the criminal law; and (b) the adequacy of existing mechanisms for addressing any perceived injustice arising from such changes. (2) The Secretary of State must thereafter lay a further report under subsection (1) every three years.”
“(2) On such an application, the court may— (a) quash the sentence and resentence the person in accordance with the existing law; or (b) make such other order as necessary in the interests of justice. (3) The Secretary of State may by regulations make provision for the procedure and eligibility criteria for applications under this section.” This new clause would allow a person still serving a sentence under a law that has changed to seek review or resentencing in line with the existing law.”
“(2) A copy of the review must be laid before both Houses of Parliament.” This new clause provides an opportunity for the current legislation for recall to be reviewed prior to new legislation being rolled out, to ensure it is effective and adequately protects the public. New clause 22— Review of sentence following a change in law — “(1) Where a person is serving or subject to a sentence imposed for an offence, and— (a) the offence has been abolished, or (b) there has been a change in the law which materially alters the sentence that would be imposed for the same offence following that change in the law, that person may apply to the sentencing court, or to such other court as may be prescribed, for a review of the sentence.”
“This would increase the opportunities for licences to be terminated. New clause 21— Further release after recall: requirement for a review — “(1) Before sections 27 to 30 come into force, the Secretary of State must publish a review of the effectiveness of Criminal Justice Act 2003 (Suitability for Fixed Term Recall) Order 2025, including but not limited to— (a) an evaluation of its impact on— (i) public protection; (ii) rehabilitation; (iii) reconviction; (iv) probation capacity and resource; and (b) an assessment of how any learning from the evaluation specified in subsection (1)(a) will be applied to the implementation of the provisions of sections 27 to 30 of this Act.”
“(2) In section 31A (imprisonment or detention for public protection: termination of licences), after subsection (3) insert— ‘(3A) Where— (a) the prisoner has been released on licence under this Chapter; (b) the qualifying period has expired; and (c) if his case has been considered for termination previously by the Parole Board and a period of at least twelve months has expired since the disposal of that application, the prisoner may make an application to the Parole Board under this subsection.’ (3) In subsection (4)— (a) after ‘reference’ insert ‘or application’; after ‘subsection (3)’ insert ‘or (3A)’.” This new clause would allow a prisoner whose licence has not been terminated by the Parole Board two or three years after their first release to make an application annually to the Parole Board for termination.”
“New clause 20— Provision for a prisoner to apply to the Parole Board for a licence termination review following expiry of the qualifying period on annual basis — “(1) The Crime (Sentences) Act 1997 is amended as follows.”
“(13) For the purposes of this section, “IPP sentence” means— (a) a sentence of imprisonment or detention in a young offender institution for public protection under section 225 of the Criminal Justice Act 2003; or (b) a sentence of detention for public protection under section 226 of the Criminal Justice Act 2003; or (c) a sentence of indeterminate imprisonment or detention passed as a result of sections 219 or 221 of the Armed Forces Act 2006; (14) This section comes into force at the end of the period of two months beginning with the day on which this Act is passed.” This new clause would implement the recommendation of the Justice Select Committee’s 2022 Report that there should be a resentencing exercise in relation to all IPP sentenced individuals, and to establish a time-limited expert committee, including a member of the judiciary, to advise on the practical implementation of such an exercise.”
“(12) The Lord Chancellor must, at the end of every twelve-month period beginning with the day this section comes into force, lay before Parliament a report that sets out— (a) the number of persons who have been re-sentenced under subsection (6); (b) the number of persons who have had their sentences confirmed under subsection (8).”
“(9) The re-sentencing court may only confirm an IPP sentence where the judge hearing the matter is authorised to try cases of murder. (10) The re-sentencing court may recommend that the re-sentenced person may be subject to an extended licence, if the re-sentencing court considers this appropriate. (11) In relation to the exercise of the power in subsection (6)— (a) that power is to be treated as a power to re-sentence under section 402(1) of the Sentencing Act 2020; (b) the Sentencing Code applies for the purposes of this section (and, accordingly, it does not matter that a person serving an IPP sentence was convicted of an offence before 1 December 2020).”
“(6) Subject to subsection (8), a Crown Court designated by the Lord Chancellor (“the re-sentencing court”) must re-sentence a person serving an IPP sentence in relation to the offence or offences for which they were previously sentenced to an IPP sentence. (7) The re-sentencing court must not impose a sentence more severe than the notional determinate sentence upon which the IPP sentence was based. (8) The re-sentencing court may confirm the IPP sentence only if— (a) the re-sentencing court determines that, at the date of the original sentencing, ignoring the alternative of an IPP sentence, the person serving the IPP sentence might appropriately have received a whole life order under section 321 of the Sentencing Act 2020; and (b) at the date of re-sentencing, there is a substantial risk of P committing a further offence if released.”
“(2) The Lord Chancellor must establish a committee to provide advice regarding the discharge of the Lord Chancellor’s duty under subsection (1). (3) The committee established by virtue of subsection (2) must— (a) include a judge nominated by the Lord Chief Justice; and (b) within 12 months of being appointed, lay a report before Parliament on the process of re-sentencing individuals serving an IPP sentence. (4) The Lord Chancellor may disband the committee established under subsection (2) after a report has been laid under subsection (3)(b). (5) The Lord Chancellor must disband the committee once all those serving IPP sentences have been re-sentenced under this section.”
“(3) The Secretary of State must— (a) publish the report, and (b) lay a copy of the published report before Parliament.’” This new clause requires the Secretary of State to prepare and publish a report each calendar year on the use of electronic monitoring requirements. The report must include the number of electronic monitoring requirements imposed each year, the rate of compliance and the cost of administering the requirements each year. The report must be laid before Parliament. New clause 19— Re-sentencing those serving a sentence of imprisonment for public protection — “(1) The Lord Chancellor must make arrangements to ensure that every person serving an IPP sentence, whether in prison or the community, has been re-sentenced in accordance with this section within 24 months of the day on which this Act is passed.”
“(2) The report must set out— (a) the number of electronic monitoring requirements imposed during the year; (b) the number of electronic monitoring requirements imposed on offenders under 18 during the year; (c) the rate of compliance with the electronic monitoring requirements during the year; (d) the cost of administering the electronic monitoring requirements during the year; (e) the average amount of time taken during the year to activate a device used for the purposes of an electronic monitoring requirement after such a requirement took effect; (f) the number of devices used for the purposes of the electronic monitoring requirements that malfunctioned during the year.”
“(2) In Paragraph 175 (Prisons and offender management)— (a) omit sub-paragraph (2); and (b) in sub-paragraph (3), omit ‘probation’ (3) The Secretary of State may by regulations make further provision under this section.” This new clause seeks to devolve probation services and offender management to Wales, by removing it from the list of reserved matters in the Government of Wales Act 2006. New clause 18— Reporting on use of electronic monitoring requirements — “In the Sentencing Code, in Part 14 of Schedule 9 (electronic monitoring), after paragraph 35 insert— ‘36(1) The Secretary of State must as soon as reasonably practicable after the end of each calendar year prepare a report on the imposition of the electronic monitoring requirements during that year.”
“(2) In paragraph 2 of Schedule 21 (Determination of minimum term in relation to mandatory life sentence for murder etc), in sub-paragraph (2)(c), after ‘duty,’, insert ‘or if the motivation for the murder was connected to the police officer or prison officer’s current or former duties,’” This new clause would expand the circumstances in which it is appropriate to apply a whole life order for murdering a prison or police officer, to include murder motivated by the victim's current or former duties. New clause 17— Management of o ffenders: d evolution to Wales — “(1) Schedule 7A of the Government of Wales Act 2006 is amended as follows.”
“(7) The Secretary of State may by regulations make further provision under this section.’ This new clause would abolish the Sentencing Council, give the Secretary of State the power to publish Sentencing guidelines, and impose various requirements linked to consultation and monitoring. New clause 16— Whole life order: murder of a police or prison officer — “(1) The Sentencing Code is amended as follows.”
“(4) When developing sentencing guidelines, the Secretary of State must— (a) promote understanding of, and public confidence in, the sentencing and criminal justice system; (b) consult Parliament on all draft guidelines; and (c) publish the reasons for proposing any guidelines that could result in an offender receiving a shorter sentence than that set out in an Act of Parliament. (5) The Secretary of State may report, from time to time, on the impact of sentencing guidelines on sentencing practice. (6) The Secretary of State must monitor— (a) the application of the sentencing guidelines; and (b) the impact on victims of sentencing decisions.”
“(2) The Secretary of State may prepare— (a) sentencing guidelines which may be general in nature or limited to a particular offence, particular category of offence or particular category of offender; (b) sentencing guidelines about the discharge of a court's duty under section 73 of the Sentencing Code (reduction in sentences for guilty pleas); and (c) sentencing guidelines about the application of any rule of law as to the totality of sentences. (3) The Secretary of State may prepare sentencing guidelines about any other matter.”
“New clause 14— Sexual offences: chemical suppression— “Within one year of the passing of this Act, the Secretary of State must publish and lay before Parliament a report on how most effectively to introduce mandatory chemical suppression for certain individuals serving sentences for sexual offences, with appropriate legal and clinical safeguards.” This new clause would require the Government to publish a report on mandatory chemical suppression for certain sex offenders. New clause 15— Sentencing Council: abolition— “(1) The Sentencing Council (established under section 118 of the Coroners and Justice Act 2009) is abolished.”
“(2) In paragraph 20 (Health services), after sub-paragraph (1), insert— ‘(1A) Provision under subsection (1) must include access, for all eligible prisoners serving custodial sentences for sexual offences, to services provided under the Offender Personality Disorder Pathway.’” This new clause would require the Government to provide access to the Offender Personality Disorder Pathway to all eligible prisoners serving sentences for sexual offences.”
“(2C) The Crown Prosecution Service must write to— (a) any victim of any offence for which a sentence has been passed in the Crown Court; or (b) the next of kin of any deceased victim; within 10 working days of a sentence being passed, to provide details of the Unduly Lenient Sentence scheme, the application process for the scheme, and the deadlines set out in subsection (2B) of this section.’” This new clause would extend the deadline for applications to the Unduly Lenient Sentences Scheme from 28 days to 56 days, or for a year for victims of crime (or the next of kin of deceased victims). It would also require the CPS to notify victims about the scheme. New clause 13— Sexual offences: o ffender p ersonality d isorder p athway — “(1) The Prison Rules 1999 are amended as follows.”
“New clause 12— Unduly lenient sentences scheme: victims — “(1) The Criminal Justice Act 1988 is amended as follows. (2) In section 36 (Reviews of sentencing), after subsection (2) insert— ‘(2A) An application may be made to the Attorney General to review any sentence passed by a Crown Court under the terms set out in this section. (2B) An application under subsection (2A) must be made within— (a) one year of the sentence being passed, if the application is made by— (i) the victim of the offence for which the sentence was passed; or (ii) the next of kin of a deceased victim or a victim who lacks capacity; or (b) 56 days of the sentence being passed, if made by any other person.”
“(3) A prohibited steps order made under this section must— (a) cease to have effect if an offender is acquitted on appeal for the offence in relation to which the prohibited steps order was imposed; and (b) continue to have effect during an offender’s licence period after release for the relevant offence. (4) A prohibited steps order made under this section is to be treated for the purposes of section 31F(6) of the Matrimonial and Family Proceedings Act 1984 (Proceedings and decisions) as if it were made by the family court.’” This new clause would require the courts to make a “prohibited steps order” (PSO) – preventing a parent from taking a specific action or set of actions regarding their child – after the conviction of a person with parental responsibilities for a sexual offence involving a child victim.”
“(2) In section 8 (Child arrangements orders and other orders with respect to children), in the closing words of subsection (3), after ‘include’ insert ‘proceedings in the Crown Court or Magistrate’s Court under section 10A or’. (3) After section 10 insert— ‘ 10A Duty of a sentencing court to make a prohibited steps order in respect of sexual offences (1) This section applies where an offender has parental responsibility for a child and the offender is convicted of a sexual offence involving any child victim. (2) Where this section applies, a court must make a prohibited steps order when sentencing the offender.”
“(3) The Secretary of State must publish statistics on the information set out in subsection (1) no less than once every three months.” This new clause would require HMCTS to collect data and other information on sentencing and sentenced offenders, and would require the Government to publish statistics on that data every three months. New clause 10— Court transcripts of sentencing remarks — “(1) All transcripts of sentencing remarks made in the Crown Court must be published within two sitting days of being delivered. (2) All published sentencing remarks must be made freely available, including online.” This new clause would require all sentencing remarks made in the Crown Court to be published and made available to all. New clause 11— Prohibited steps orders — “(1) The Children Act 1989 is amended as follows.”
“New clause 9— Duty to collect and publish data on sentencing — “(1) Within 24 hours of the conclusion of the passing of a sentence, the relevant court must provide HM Courts and Tribunals Service (‘HMCTS’) with information regarding— (a) the offence category; (b) the sentence length; and (c) such information about the sentenced individual as the Secretary of State may specify in regulations, but which must include— (i) nationality, (ii) sex at birth, (iii) country of birth, (iv) method of entry to the United Kingdom, (v) visa route, (vi) visa status, and (vii) asylum status. (2) HMCTS must collect and record the information set out in subsection (1) in a safe and secure manner.”
“(2) The revised guidance issued under subsection (1) must stipulate that when making a victim personal statement, a victim shall be able to say anything they wish about the defendant, provided it is not contrary to any statutory limitations on free speech, makes allegations of untried criminal conduct or is disorderly language. (3) The court must disregard any prejudicial comments made during a victim personal statement.” This new clause would require the Secretary of State to review how to make victim personal statements less restrictive and clarify what can be included.”
“(2) Where this section applies, prior to delivering sentencing remarks, the court must lift any reporting restrictions identifying P. (3) This section applies notwithstanding the provisions of Chapter IV of the Youth Justice and Criminal Evidence Act 1999.” This new clause would require reporting restrictions to be lifted at the point of sentencing for young offenders who have received a sentence of four or more years. New clause 8— Victim personal statements— “(1) The Secretary of State shall, within six months of the passing of this Act, issue revised guidance on the content of victim personal statements.”
“New clause 6— Lifetime driving ban for death by dangerous or careless driving and related offences— “(1) This section applies where a person is convicted of an offence under sections 1, 2B, 3ZB, 3ZC or 3A of the Road Traffic Act 1988. (2) Where this section applies, notwithstanding the provisions of Chapter 1 of Part 8 of the Sentencing Code (Driving disqualification), the driver must be banned from driving for life.” This new clause would mean that anyone who causes death by dangerous or careless driving (or related offences) would be banned from driving for life. New clause 7— Under-18 anonymity for cases involving serious crime — “(1) This section applies where a person (‘P’) aged under 18— (a) has been convicted of an offence; and (b) will receive a custodial sentence of four or more years.”
“(3B) Where this subsection applies— (a) at the end of the period of 56 days beginning with the day on which P returns to custody, P must be considered for referral for executive release rather than automatic release; (b) if P is referred for consideration for executive release, the Secretary of State may release P again on licence, and (c) if P is not referred for consideration for executive release, or if P is denied executive release, the Secretary of State must refer P’s case to the Board.” This new clause, along with amendments 22 and 23, would ensure that offenders who have been recalled to prison on the basis of a breach of license condition or of an order related to the victim are risk-assessed, to determine whether it is safe for them to be re-released into the community, rather than being automatically released after 56 days.”
“(2) In section 255C, after subsection (3) insert— (3A) Subsection (3B) applies if the basis for P’s recall is that P has breached a license condition, civil order, or criminal order in relation to the victim of a crime for which P is serving a sentence.”
“(5) The Secretary of State must, within two weeks of the laying of a report under subsections (1) or (3) with a finding of inadequate capacity, make a statement to Parliament setting out how probation capacity will be increased to an adequate level.” This new clause would ensure that the provisions of this Bill likely to increase demand on the Probation Service cannot be implemented until HM Inspectorate of Probation determines that there is adequate capacity to address those demands, and would enable the Inspectorate to trigger the issuing of a prioritisation framework to help local areas to identify which activities to deprioritise. New clause 5— Further release after recall: offenders eligible for risk-assessed release — “(1) The Criminal Justice Act 2003 is amended as follows.”
“(3) Following a report under subsection (1), the Inspectorate must publish and lay before Parliament a further report, no less than once every twelve months, determining whether there is adequate capacity in the Probation Service. (4) If a report under subsections (1) or (3) determines that the capacity of the Probation Service is inadequate, the Inspectorate may direct that a prioritisation framework must be issued to the areas in which the capacity concerns apply, in order to provide local services with guidance about which activities to deprioritise.”
“New clause 4— Probation capacity: independent report — “(1) Within three months of the passage of this Act, a report must be published and laid before Parliament by HM Inspectorate of Probation (‘the Inspectorate’) determining whether there is adequate capacity in the Probation Service to meet provisions of this Act anticipated to increase levels of demand on the Probation Service. (2) If the report under subsection (1) determines that the capacity of the Probation Service is inadequate, provisions of this Act anticipated to increase levels of demand on the Probation Service may not come into force until a further report determines that the Probation Service has adequate capacity.”
“New clause 3— Unpaid work requirements: community work — “(1) The Sentencing Code is amended as follows. (2) In paragraph 3 of Part 1 of Schedule 9 (Restriction on imposing unpaid work requirement), after sub-paragraph (1)(b) insert— ‘(c) that the unpaid work is work undertaken for a non-profit organisation, social enterprise, voluntary organisation or local authority.”’ This new clause would prohibit private sector involvement in unpaid work as part of a community sentence.”
“(2) In Part 14 of Schedule 9, in paragraph 31 (Electronic monitoring: person responsible for monitoring), after sub-paragraph (2) insert— ‘(3) Regulations under this section must ensure that— (a) electronic monitoring is overseen by the Probation Service; (b) the fitting of necessary apparatus for the purposes of electronic monitoring may only be undertaken by those in the employment of an organisation with responsibility for delivering electronic monitoring; and (c) the fitting of necessary apparatus may not be undertaken by an employee of HM Prison and Probation Service unless the responsibility for the delivery of electronic monitoring is held solely by HM Prison and Probation Service.’” This new clause would ensure that the probation service oversees electronic monitoring, and that prison officers would not be responsible for fitting tags unless tagging contracts are brought into the public sector.”
“Before issuing a code of practice, the Secretary of State must consult providers of probation services, lay a draft before Parliament and obtain approval from both Houses. Clauses 35 to 44 stand part. Government amendment 19. Clause 45 stand part. Government amendment 20. Clauses 46 and 47 stand part. Government new clause 1— Deportation of foreign criminals — New clause 2— Electronic monitoring: oversight — “(1) The Sentencing Code is amended as follows.”
“(8) The Secretary of State may not issue a code of practice under subsection (7) unless— (a) the Secretary of State has consulted providers of probation services and any other person the Secretary of State considers appropriate about a draft of the code, (b) the Secretary of State has laid a draft of the code before each House of Parliament, and (c) each House of Parliament has by a resolution approved the draft of the code.” This amendment prevents clause 35 from being brought into force until the Secretary of State has issued a code of practice to providers of probation services about how to take and publish photographs lawfully in light of the Human Rights Act 1998 and the data protection legislation.”