§ (" .—(1) This section applies in a case where—
- (a) an offender is convicted of a sexual or violent offence, and
- (b) a relevant sentence is imposed on him in respect of that conviction.
§ (2) This section shall not apply in a case where the offence of which the offender is convicted is a sexual or violent offence by virtue of paragraph (c) of subsection (10) unless the relevant sentence in respect of the conviction was imposed by the Crown Court or the Court of Appeal.
§ (3) In cases where this section applies, the local board for the area in which the offender is sentenced must take all reasonable steps to ascertain whether any appropriate person wishes to—
- (a) make representations about whether the offender should be subject to any conditions or requirements on his release and, if so, what conditions or requirements, or
- (b) receive information about any conditions or requirements to which the offender is to be subject on his release.
§ (4) In this section "appropriate person", in relation to an offence, means any person who appears to the local board in question to be, or to act for, the victim of the offence ("the victim").1648
§ (5) Where it is ascertained that an appropriate person wishes to make representations in accordance with paragraph (a) of subsection (3), the relevant local board must forward those representations to the person responsible for determining the matters mentioned in that paragraph.
§ (6) Where it is ascertained that an appropriate person wishes to receive information in accordance with subsection (3)(b), the relevant local board must take all reasonable steps—
- (a) to inform that person whether or not the offender is to be subject to any conditions or requirements on his release,
- (b) if the offender is to be subject to any such conditions or requirements, to provide that person with details of any conditions or requirements which relate to contact with the victim or his family, and
- (c) to provide that person with such other information as is considered by that local board to be appropriate in all the circumstances of the case.
§ (7) For the purposes of subsections (5) and (6) "relevant local board" means—
- (a) where the offender is to be supervised on release by an officer of a local board, that local board,
- (b) in any other case, the local board for the area in which the prison or other place of detention from which the offender is to be released is situated.
§ (8) Section 5(2)(a) and (7) applies to arrangements made by a local board for the purposes of this section as it applies to arrangements made for the purposes mentioned in section 1.
§ (9) In this section—
§ "conditions" means conditions in a licence;
§ "relevant sentence" means—
- (i) a sentence of imprisonment for a term of 12 months or more,
- (ii) a sentence of detention in a young offender institution for a term of 12 months or more,
- (iii) a sentence of detention during Her Majesty's pleasure,
- (iv) a sentence of detention for a period of 12 months or more under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18 convicted of certain serious offences), or
- (v) a detention and training order for a term of 12 months or more;
§ (10) An offence is a sexual or violent offence for the purposes of this section if it is—
- (a) a sexual or violent offence within the meaning of the Powers of Criminal Courts (Sentencing) Act 2000,
- (b) an offence in respect of which the offender is subject to the notification requirements of Part I of the Sex Offenders Act 1997, or
- (c) an offence against a child within the meaning of Part II of this Act.
§ (11) This section has effect in relation to cases where the relevant sentence is imposed after this section comes into force.").
§ On Question, amendment agreed to.
Baroness Blatch moved Amendment No. 147:
After Clause 60, insert the following new clause—