Offender Management Act 2007

[^key-b2ff9f192545c7777ec440c70729bd55]: Sch. 3 para. 9 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2

[^key-11033a851c4068ecf0f33f7dc06dcd85]: S. 28 applied (29.6.2021) by 1984 c. 47, Sch. para. 2(3C) (as inserted by Counter Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(r), Sch. 11 para. 2)

[^key-4fe0e1ef0ec65e984f12b05f904c115c]: S. 28(4A)(4B) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 32(2)(b), 50(2)(q)

[^key-f169f478d8b0fe12cd31506a2567198f]: Words in s. 28(2) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 32(2)(a), 50(2)(q)

[^key-55144adb8c169f613aa223d7369c7e1c]: S. 29(7A) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 32(3), 50(2)(q)

[^key-2a083bfc5187657065dcfc0f75e0b8f9]: S. 28(3A)-(3C) inserted (5.7.2021 in relation to specified areas for the specified period) by Domestic Abuse Act 2021 (c. 17), ss. 76(4), 90(6); S.I. 2021/797, regs. 2(1), 3 (with reg. 4(2))

[^key-7554b00134dd9fd6640b9b63951ac9ca]: Words in s. 28(2) substituted (5.7.2021 in relation to specified areas for the specified period) by Domestic Abuse Act 2021 (c. 17), ss. 76(2), 90(6); S.I. 2021/797, regs. 2(1), 3 (with reg. 4(2))

[^key-3ec59e529ab56bb6153cb57db429c511]: Words in Sch. 4 para. 5 substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1

[^key-b4b90a49c441de76e8d126ff16aeb03d]: S. 10A inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 155, 208(1); S.I. 2022/520, reg. 5(r)

[^key-4b69c075647cc0e12e0c71bf55a2a43b]: S. 28(4ZA) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 146(c), 208(5)(p)

[^key-33c6289d5b8c72fffbe565feed54f97b]: S. 28(4C)-(4E) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 146(f), 208(5)(p)

[^key-cfce96bc08f44e9c6c263c3ccb88ca63]: S. 28(3)(a)(b) substituted for s. 28(3)(a)-(g) (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 146(a), 208(5)(p)

[^key-8b2fd0298148e6666d48ed81a0feaf64]: Words in s. 28(4)(a)-(d) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 146(b), 208(5)(p)

[^key-f78fae7c7364597d027492a253344890]: S. 28(4A)(b) omitted (28.6.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 146(d), 208(5)(p)

[^key-5568a87422fb89cd942051387f25c780]: S. 28(4B)(a) omitted (28.6.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 146(e), 208(5)(p)

[^key-ae0633a528f84cd07a146c4f49172947]: S. 13A inserted (3.10.2022) by Approved Premises (Substance Testing) Act 2022 (c. 27), ss. 1(3), 2(2); S.I. 2022/1013, reg. 3

[^key-fafb4e6d59793b7e3ecff43c240f335d]: Words in s. 13(1) inserted (3.10.2022) by Approved Premises (Substance Testing) Act 2022 (c. 27), ss. 1(2), 2(2); S.I. 2022/1013, reg. 3

[^key-883c0e33a373e71c21ab8f351b5b556c]: S. 36(3)(aa) inserted (3.10.2022) by Approved Premises (Substance Testing) Act 2022 (c. 27), ss. 1(4), 2(2); S.I. 2022/1013, reg. 3

[^key-5b289964dfea65995bc89fb048f06838]: Words in Sch. 4 para. 5 substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1

Approved premises

Power of detention in contracted out prisons and secure training centres

Powers of authorised persons to perform custodial duties and search prisoners

Powers of director of a contracted out prison

Other offences relating to prison security

Offences under sections 40B to 40D of the Prison Act 1952: extension of Crown immunity

Amendment of section 8A of the Prison Act 1952

Application of polygraph condition

Detention and training orders: early release

Orders and regulations

Minor and consequential amendments, transitionals, and repeals

10A

• (1) Each provider of probation services must, in each calendar year, consult the prescribed persons about the work to be performed by persons who—

• (a) are subject to unpaid work requirements, and

• (b) are supervised by that provider.

• (2) In this section “prescribed person” means a person, or a person of a description, prescribed by regulations made by the Secretary of State.

• (3) In this section “unpaid work requirement” means an unpaid work requirement as defined by—

• (a) paragraph 10(1) of Schedule 6 to the Sentencing Code (youth rehabilitation orders),

• (b) paragraph 1(1) of Schedule 9 to the Sentencing Code (community orders and suspended sentence orders), or

• (c) paragraph 3A(1) of Schedule A1 to the Children Act 1989 (enforcement orders).

• (4) For the purposes of this section a person is supervised by a provider of probation services if an officer of that provider has functions relating to the person’s compliance with an unpaid work requirement.

13A

• (1) Subsection (2) applies if—

• (a) the manager of any approved premises has given an authorisation that specifies when the power in that subsection may be exercised at those premises, and

• (b) that authorisation is in force.

• (2) A member of staff may, at the approved premises and in accordance with the authorisation given under subsection (1), require any resident of those premises to provide a sample of urine for the purpose of ascertaining whether the resident has in their body any—

• (a) controlled drug,

• (b) prescription only medicine, or

• (c) psychoactive substance.

• (3) The power in subsection (2) includes power to require a resident to provide a sample of any other description, except an intimate sample, whether instead of or in addition to a sample of urine.

• (4) The Secretary of State may use any residents’ samples to test, on an anonymised basis, for the prevalence of the following substances in approved premises—

• (a) controlled drugs,

• (b) medicinal products, or

• (c) psychoactive substances.

• (5) In giving, or deciding whether to give, an authorisation under subsection (1), the manager must have regard to any guidance regarding the giving of authorisations issued by the Secretary of State.

• (6) In exercising the power in subsection (2), a member of staff must have regard to any guidance regarding the exercise of that power issued by the Secretary of State.

• (7) In this section—

• “approved premises” has the meaning given by section 13(1);

• “controlled drug” means any drug which is a controlled drug for the purposes of the Misuse of Drugs Act 1971 (see section 2 of that Act);

• “intimate sample” has the same meaning as in Part 5 of the Police and Criminal Evidence Act 1984 (see section 65 of that Act);

• “medicinal product” has the meaning given in regulation 2 of the Human Medicines Regulations 2012 (S.I. 2012/1916);

• “prescription only medicine” has the meaning given in regulation 8 of the Human Medicines Regulations 2012 (S.I. 2012/1916);

• “psychoactive substance” has the same meaning as in the Psychoactive Substances Act 2016 (see section 2 of that Act);

• “resident” means a person who lives in approved premises other than a member of staff;

• “residents’ sample” means any sample—provided under subsection (2) or (3), orprovided voluntarily;

• “the manager” means, in relation to approved premises, the individual in general control over the management of the approved premises.

• (8) The Secretary of State may by regulations make such amendments of this section as the Secretary of State considers appropriate in consequence of—

• (a) the amendment or revocation of the Human Medicines Regulations 2012 (S.I. 2012/1916), or

• (b) the making, amendment or revocation of any other subordinate legislation (whenever made) which relates to human medicines.

• (9) In subsection (8) “subordinate legislation” has the same meaning as in the Interpretation Act 1978.