Explanatory Notes

Offender Management Act 2007

2007 CHAPTER 21

26 July 2007

Summary And Background

3.Under the current legislation the statutory duty to make arrangements for the provision of probation services rests exclusively with the local probation board. Probation services cannot currently be provided by any other organisation unless sub-contracted directly by probation boards themselves. This Act will transfer to the Secretary of State the statutory duty to make arrangements to provide probation services, so enabling him to commission services from providers in the public, private and voluntary sector. It will establish probation trusts, as public sector providers with whom he may make such arrangements.

4.The Secretary of State will not commission everything directly: commissioning will be a national, regional and local activity, with providers of probation services also acting as commissioners where appropriate. The Secretary of State may contract only with a probation trust or other public body for the giving of assistance to courts, unless this restriction is lifted by means of an order subject to affirmative resolution.

5.The Act also: