Office of Public Sector Information
Statutory Instruments
Probation, England And Wales
Made
6th May 2008
Laid before Parliament
7th May 2008
Coming into force
1st June 2008
The Secretary of State, in exercise of the powers conferred by section 13(2) of the Offender Management Act 2007(1), makes the following Regulations:
1. These Regulations may be cited as the Offender Management Act 2007 (Approved Premises) Regulations 2008 and shall come into force on 1st June 2008.
2. In these Regulations—
“admissions policy”, in relation to approved premises, means a policy which specifies the categories of person considered suitable to reside at the premises;
“approved premises” means premises approved under section 13 of the Offender Management Act 2007;
“community sentence” has the meaning given to it by section 147 of the Criminal Justice Act 2003(2);
“house rules” means rules for approved premises prepared in accordance with regulation 7(1)(c);
“local probation board” means a board constituted under section 4 of the Criminal Justice and Courts Services Act 2000(3) that provides approved premises;
“other body” means a body, other than a local probation board and a probation trust, which provides approved premises;
“probation trust” means a trust established in accordance with section 5 of the Offender Management Act 2007 that provides approved premises;
“relevant local board” means, where applicable, the local probation board in whose area the approved premises are situated;
“relevant probation trust” means, where applicable, a probation trust operating in the area in which the approved premises are situated; and
“resident”, in relation to approved premises, means a person who lives in the approved premises otherwise than in the course of their employment, and “reside” shall be construed accordingly.
3.—(1) Part 1 and Part 2 of these Regulations apply to probation trusts, local probation boards and other bodies.
(2) Part 3 of these Regulations applies to local probation boards and other bodies.
(3) Part 4 of these Regulations applies only to other bodies.
4. The Criminal Justice and Courts Services Act 2000 (Approved Premises) Regulations 2001(4) are revoked.
5.—(1) A probation trust, local probation board or other body must not allow any person to become a resident of approved premises under its management or, where that person is a resident, allow them to continue to reside there, unless—
(a) they are on bail in criminal proceedings (within the meaning of the Bail Act 1976(5));
(b) they are serving a community sentence;
(c) they are on licence, or are subject to supervision by virtue of section 65 of the Criminal Justice Act 1991(6);
(d) the chief officer of the relevant local board, someone acting on their behalf, the chief executive of the relevant probation trust, someone acting on their behalf, or the Secretary of State considers that residence at the approved premises is necessary for the protection of the public; or
(e) the chief officer of the relevant local board, someone acting on their behalf, the chief executive of the relevant probation trust, someone acting on their behalf or the Secretary of State considers that the person ought to receive supervision or treatment and that residence at the approved premises is necessary in order to enable them to receive it.
(2) Except with the prior consent of the Secretary of State the number of residents at any approved premises at any time must not exceed such number as may be approved in respect of those premises by the Secretary of State.
(3) Except with the prior consent of the Secretary of State a probation trust, local probation board or other body must not allow any person to be present on approved premises under its management if they are outside such age limits as may be approved by the Secretary of State in respect of the premises.
6. A person residing at approved premises who is required to reside at the premises by any provision of a community sentence may, with the consent of the officer responsible for supervising the community sentence and the person in charge of the premises, leave the premises for a period of not more than five consecutive days.
2000 c. 43. Section 4 has been repealed in relation to the areas of Humberside, Leicestershire, Merseyside, West Mercia, Dyfed Powys and South Wales, by section 39 to, and Part 1 of Schedule 5 to, the Offender Management Act 2007 (c.21). For the remaining purposes, section 4 is to be repealed by section 39 of, and Part 1 of Schedule 5 to, the Offender Management Act 2007 on a date to be appointed. Back [3]
S.I. 2001/850. Back [4]
1976 c.63. Back [5]
1991 c.53. Section 65 was amended by section 119 of, and paragraph 94(2) of Schedule 8 to, the Crime and Disorder Act 1998 (c.37), section 165(1) of, and paragraph 145 of Schedule 9 to, the Powers of Criminal Courts (Sentencing) Act 2000 (c.6), sections 63(1), (2) and (3) and 74 of, and paragraph 4(1)(a), (1)(b) and (2) of Part 1 of Schedule 7 to, the Criminal Justice and Courts Services Act 2000 (c.43), section 64 of, and Part 4 of Schedule 5 to, the Children Act 2004 (c.31) and article 9 of The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912). Section 65 is to be repealed by sections 304 and 332 of, and paragraphs 62 and 63 of Part 1 of Schedule 32 and Part 7 of Schedule 37 to, the Criminal Justice Act 2003 (c.44), from a date to be appointed. Until that date, section 65 has effect subject to the modifications in paragraph 5 of Schedule 38 to the Criminal Justice Act 2003, as amended by Part 4 of Schedule 5 to the Children Act 2004. Back [6]
The Offender Management Act 2007 (Approved Premises) Regulations 2008