The Offender Rehabilitation Act 2014 (Commencement No. 1) Order 2014

Statutory Instruments

2014 No. 1287 (C. 52)

Criminal Law, England And Wales

Defence

The Offender Rehabilitation Act 2014 (Commencement No. 1) Order 2014

Made

19th May 2014

The Secretary of State makes the following Order in exercise of the power conferred by section 22(1) of the Offender Rehabilitation Act 2014(1):

Citation

1.  This Order may be cited as the Offender Rehabilitation Act 2014 (Commencement No. 1) Order 2014.

Provisions coming into force on 1st June 2014

2.  The following provisions of the Offender Rehabilitation Act 2014 come into force on 1st June 2014—

(a) section 10 (arrangements for supervision and rehabilitation: female offenders);

(b) section 14 (officers responsible for implementing community orders and suspended sentence orders);

(c) section 19 (amendments of Armed Forces Act 2006), in so far as it relates to paragraphs 4 to 7 of Schedule 6;

(d) Schedule 4 (officers responsible for implementing community orders and suspended sentence orders); and

(e) paragraphs 4 to 7 of Schedule 6 (offenders sentenced by service courts).

Signed by authority of the Secretary of State

Jeremy Wright

Parliamentary Under Secretary of State

Ministry of Justice

19th May 2014

EXPLANATORY NOTE

(This note is not part of the Order)

This Order is the first commencement order made under the Offender Rehabilitation Act 2014 (c.11) (“the Act”). This Order commences a number of provisions of the Act on 1st June 2014.

Article 2(a) commences section 10 of the Act. Section 10 amends section 3 of the Offender Management Act 2007 (c.21), which provides the Secretary of State with powers to make arrangements for probation provision either by himself or by making contractual or other arrangements with any other person. The amendments made by section 10 of the Act require the Secretary of State to ensure that contracts or other arrangements under section 3 of the Offender Management Act providing for the supervision or rehabilitation of offenders state that the Secretary of State has complied with the public sector equality duty in section 149 of the Equality Act 2010 (c.15) as it relates to female offenders and identify anything in the arrangements that is intended to meet the particular needs of female offenders.

Articles 2(b) and (d) commence section 14 of, and Schedule 4 to, the Act. Section 14 of the Act amends the Criminal Justice Act 2003 (c.44) to change the definition of the ‘responsible officer’, the person responsible for implementing community orders and suspended sentence orders imposed by the court. Part 1 of Schedule 4 to the Act restricts certain functions relating to community orders and suspended sentence orders, including their enforcement, to public sector providers of probation services. Part 2 of Schedule 4 makes consequential amendments to the Children Act 1989 (c.41) and the Criminal Justice Act 2003, as a result of the changes made by section 14 and Part 1 of Schedule 4.

Article 2(c) commences section 19 of the Act, in so far as it relates to paragraphs 4 to 7 of Schedule 6. Article 2(e) commences paragraphs 4 to 7 of Schedule 6. Paragraphs 4 to 7 of Schedule 6 make provision equivalent to, or consequential on, section 14 and Schedule 4 in respect of service community orders, overseas community orders and suspended sentence orders under the Armed Forces Act 2006 (c. 52).

(1)

2014 c.11.