Legalize / United Kingdom / Scotland / Act of the Scottish Parliament

Management of Offenders etc. (Scotland) Act 2005

Type Act of the Scottish Parliament

Publication 2005-12-08

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

Co-operation

Amendment of Prisoners and Criminal Proceedings (Scotland) Act 1993

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(1) The Scottish Ministers, ... and local authorities are to co-operate with one another in carrying out their respective functions in relation to relevant persons.

(2) In this Act—

(a) to “co-operate” may, without prejudice to the generality of that expression, include to exchange information (“co-operation” being construed accordingly); and

(b) “relevant person” means—

(i) a person who is supervised by, provided with advice, guidance or assistance by, or the subject of a report by a local authority ... as part of the provision by the local authority ... of a service for the purposes mentioned in any of sections 27(1) or (1A) or 27ZA of the Social Work (Scotland) Act 1968 (c. 49) (supervision and care of persons put on probation or released from prison etc.); or

(ii) any other person if that person is detained in custody.

(3) The reference in subsection (1) to the Scottish Ministers is to the Scottish Ministers in exercise of their functions under the Prisons (Scotland) Act 1989 (c. 45).

Co-operation for purposes of inspections

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(1) Where any person mentioned in subsection (2) is conducting an inspection of the provision of services to relevant persons, the persons mentioned in that subsection may co-operate with one another for the purposes of that inspection.

(2) The persons are—

(a) Her Majesty's Chief Inspector of Prisons for Scotland;

(b) Her Majesty's Chief Inspector of Constabulary;

(3) The Scottish Ministers may by order made by statutory instrument amend the list of persons in subsection (2).

(4) A statutory instrument containing an order under subsection (3) is not made unless a draft of the instrument has been laid before, and approved by resolution of, the Parliament.

Community justice authorities

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Further provisions as respects community justice authorities

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Special duties of chief officer of community justice authority

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Power of Scottish Ministers to require action by community justice authority: failure by that authority

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Power of Scottish Ministers to require action by community justice authority: failure by local authority

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Transfer of functions to community justice authority

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Transfer of property to community justice authority

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Assessing and managing risks posed by certain offenders

Arrangements for assessing and managing risks posed by certain offenders

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(1) Subject to subsection (11), the responsible authorities for the area of a local authority must jointly establish arrangements for the assessment and management of the risks posed in that area by any person who—

(a) is subject to the notification requirements of Part 2 of the Sexual Offences Act 2003 (c. 42);

(b) has been convicted on indictment of an offence inferring personal violence and—

(i) is subject to a community payback order imposed under section 227A of the Criminal Procedure (Scotland) Act 1995 (c.46) imposing an offender supervision requirement (within the meaning given by section 227G(1) of that Act) whether alone or along with any other requirement, or

(ii) is required, having been released from imprisonment or detention, (or will be required when so released), to be under supervision under any enactment or by the terms of an order or licence of the Scottish Ministers or of a condition or requirement imposed in pursuance of an enactment;

(i) the acquittal is by reason of the special defence set out in section 51A of that Act of 1995; and

(ii) a restriction order is made in respect of the person under section 59 of that Act of 1995 (hospital orders: restriction on discharge);

(d) has been prosecuted on indictment for such an offence but found, under section 53F of that Act of 1995 (unfitness for trial) to be unfit for trial;

(e) has been convicted of an offence if, by reason of that conviction, the person is considered by the responsible authorities to be a person who may cause serious harm to the public at large.

(2) It is immaterial—

(a) for the purposes of paragraph (a) of subsection (1), where the offence by virtue of which the person is subject to the notification requirements was committed (or, if the person is subject to the notification requirements by virtue of a finding under section 80(1)(b) of the Sexual Offences Act 2003 (c. 42), where anything that he was charged with having done took place);

(b) for the purposes of paragraph (b) or (e) of that subsection, where the offence of which the person has been convicted was committed; or

(c) for the purposes of paragraph (c) or (d) of that subsection, where anything that the person was charged with having done took place.

(3) Subject to subsection (11), in the establishment and implementation of those arrangements, the responsible authorities must act in co-operation with such persons as the Scottish Ministers may, by order made by statutory instrument, specify.

(4) Subject to subsection (11), it is the duty of—

(a) any persons specified under subsection (3) to co-operate; and

(b) the responsible authorities to co-operate with each other,

in the establishment and implementation of those arrangements; but only to the extent that such co-operation is compatible with the exercise by those persons and authorities of their functions under any other enactment.

(5) In the area of each local authority the responsible authorities and the persons specified under subsection (3) must together draw up a memorandum setting out the ways in which they are to co-operate with each other.

(6) The Scottish Ministers may issue guidance to responsible authorities on the discharge of the functions conferred on those authorities by this section and section 11.

(7) In this section and in section 11, the “responsible authorities” for the area of a local authority are—

(a) the chief constable of the Police Service of Scotland;

(b) the local authority;

(c) a Health Board or Special Health Board for an area any part of which is comprised within the area of the local authority; and

(d) the Scottish Ministers.

(8) The Scottish Ministers may by order made by statutory instrument amend the definition of the “responsible authorities” in subsection (7).

(9) A statutory instrument containing an order under—

(a) subsection (3) is subject to annulment in pursuance of a resolution of the Parliament;

(b) subsection (8) is not made unless a draft of the instrument has been laid before, and approved by resolution of, the Parliament.

(10) Different provision may be made under subsection (3) for different purposes and for different areas.

(11) The functions and duties, under the preceding provisions of this section and under section 11, of the responsible authorities mentioned in subsection (7)(c) extend only to the establishment, implementation and review of arrangements for the assessment and management of—

(a) persons subject to an order under section 57(2)(b) of the Criminal Procedure (Scotland) Act 1995 (c. 46) (imposition of special restrictions in disposal of case where accused found not criminally responsible or unfit for trial );

(b) those subject to a restriction order under section 59 of that Act (provision for restrictions on discharge);

(c) those subject to a hospital direction under section 59A of that Act (direction authorising removal to and detention in specified hospital); or

(d) those subject to a transfer for treatment direction under section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) (transfer of prisoners for treatment for mental disorder).

(12) But it is the duty of the responsible authorities mentioned in subsection (7)(c) to co-operate (to the extent mentioned in subsection (4)) with the other responsible authorities, with each other and with any persons specified under subsection (3), in the establishment and implementation of arrangements for the assessment and management of persons other than those mentioned in paragraphs (a) to (d) of subsection (11).

(13) In subsection (7)(c)—

“Health Board” means a board constituted by order under section 2(1)(a) of the National Health Service (Scotland) Act 1978 (c. 29); and

“Special Health Board” means a board so constituted under section 2(1)(b) of that Act.

(14) The reference in subsection (7)(d) to the Scottish Ministers is to the Scottish Ministers in exercise of their functions under the Prisons (Scotland) Act 1989 (c. 45).

Review of arrangements

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(1) The responsible authorities must keep the arrangements established by them under section 10 under review for the purpose of monitoring the effectiveness of those arrangements and making any changes to them that appear necessary or expedient.

(2) As soon as practicable after the end of each period of 12 months beginning with 1st. April, the responsible authorities must—

(a) jointly prepare a report on the discharge by them during that period of the functions conferred by section 10;

(b) publish the report in the area of the local authority; and

(3) The report must include—

(a) details of the arrangements established by the responsible authorities; and

(b) information of such description as the Scottish Ministers have notified to the responsible authorities that they wish to be included in the report.

(4) Publication, for the purposes of subsection (2)(b), must be in such manner as will ensure that the report is likely to come to the attention of the other community justice partners for the area of the local authority.

(5) The reference in subsection (4) to “the other community justice partners for the area of the local authority” is to the persons—

(a) who are community justice partners for the area of the local authority, but

(b) who are not responsible authorities for the area of the local authority.

(6) The reference in subsection (5)(a) to “community justice partners for the area of the local authority” has the same meaning as in the Community Justice (Scotland) Act 2016 (see section 13(2) of that Act).

Probation progress review

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Accreditation etc.

Scheme of accreditation and procedure etc. of the Risk Management Authority

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(1) The Criminal Justice (Scotland) Act 2003 (asp 7) is amended as follows.

(2) In section 11 (accreditation, education and training), after subsection (1) insert—

(1A) The order may authorise— (a) decisions as to cases arising in relation to a scheme of accreditation to be taken by a committee; and (b) any appeal as to such a decision to be determined by a committee, in accordance with such procedure as may be prescribed; and without prejudice to the generality of this subsection the order may make provision as to the membership of the committees and as to any quorum.

(3) In paragraph 4 of schedule 2 (constitution etc. of the Risk Management Authority)—

(a) for sub-paragraph (1) substitute—

(1) Subject to any order under subsection (1) of section 11 of this Act, the Authority may— (a) make provision for the appointment and constitution of committees and sub-committees; (b) make provision for the exercise of any of its functions by any of its committees, sub-committees, members or employees; and (c) regulate its own procedure and the procedure of— (i) any of its committees or sub-committees (including any such committee as is mentioned in paragraph (a) or (b) of subsection (1A) of that section); or (ii) any member or employee to whom a function has been delegated under head (b) above. (1A) Delegation under sub-paragraph (1)(b) is to be without prejudice to the power of the Authority itself to exercise the function in question. (1B) Without prejudice to the generality of head (c) of sub-paragraph (1), regulation under that head may include provision as to any quorum.

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(b) in sub-paragraph (2), after “Authority” insert “ or of any of its committees or sub-committees or of any of its members by whom functions are exercised by virtue of sub-paragraph (1)(b) ”.

Orders after assessment of risk

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(1) The Criminal Procedure (Scotland) Act 1995 (c. 46) is amended as follows.

(2) In section 210F(1) (making of order for lifelong restriction)—

(a) in paragraph (a), for the word “a” substitute “ any ”;

(b) for the words from “shall” to the end substitute “ , in a case where it may make a compulsion order in respect of the convicted person under section 57A of this Act, either make such an order or make an order for lifelong restriction in respect of that person and in any other case make an order for lifelong restriction in respect of that person. ”.

(3) The title of section 210F becomes “ Order for lifelong restriction or compulsion order ”.

Amendment of Prisoners and Criminal Proceedings (Scotland) Act 1993

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(1) The 1993 Act is amended as follows.

(2) In section 1(1) (release of short-term prisoners), after “short-term prisoner” insert “ , not being a prisoner to whom section 1AA of this Act applies, ”.

(3) After section 1 insert—

(1AA) (1) As soon as a prisoner to whom this section applies has served one-half of his sentence the Scottish Ministers are to release him on licence. (2) This section applies to any short-term prisoner— (a) sentenced to a term of 6 months or more; and (b) who, by virtue of the conviction in respect of which that sentence was imposed, is subject to the notification requirements of Part 2 of the Sexual Offences Act 2003 (c. 42). (3) It is immaterial, for the purposes of subsections (1) and (2) above, when the offence of which the prisoner was convicted was committed. (4) But this section does not apply to a prisoner who was released under section 1(1) of this Act in relation to the sentence mentioned in subsection (2)(a) above before the date on which section 15(3) of the Management of Offenders etc. (Scotland) Act 2005 (asp 14) came into force (except that where the prisoner is serving terms which by virtue of section 27(5) of this Act fall to be treated as a single term, the reference in the preceding provisions of this subsection to his being released in relation to the sentence mentioned in subsection (2)(a) above is to be construed as a reference to his being released in relation to the single term). (5) Section 17 of this Act applies to such short-term prisoners as are mentioned in subsection (2) above as that section applies to long-term prisoners. (6) Where a prisoner is released on licence under this section, the licence (unless revoked) remains in force until the entire period specified in his sentence (reckoned from the commencement of the sentence) has elapsed; but this subsection is subject to subsections (7) and (8) below. (7) Where the prisoner is serving terms which by virtue of section 27(5) of this Act fall to be treated as a single term the licence (unless revoked) remains in force until the relevant period (reckoned from the commencement of the single term) has elapsed. (8) The “relevant period” mentioned in subsection (7) above is— (a) the single term after deduction of half the number of days (if any) by which that term exceeds what it would be were there disregarded in determining it such terms (if any) as are imposed for a conviction other than one by virtue of which the prisoner is subject to the notification requirements mentioned in subsection (2)(b) above; or (b) if to disregard such terms as are so imposed would have the consequence— (i) that there would not remain two or more terms to treat as a single term; or (ii) that though two or more terms would remain they would no longer be consecutive or wholly or partly concurrent, the single term after deduction of half the number of days (if any) by which that term exceeds the term imposed for the conviction, or as the case may be the terms imposed for the convictions, by virtue of which the prisoner is subject to those requirements.

(4) In section 1A(1)(c) (release of persons serving more than one sentence to be on a single licence), after the word “Act” where it first occurs insert “ , other than on licence under section 3AA ”.

(5) After section 3 insert—

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