The Bill aims to:
This is a Government bill
The Bill became an Act on 30 July 2019
This Bill was passed and is now an Act of the Scottish Parliament.
The Bill aims to:
At present, electronic monitoring is used in Scotland to restrict the movement of people with convictions from certain places. This Bill would allow for GPS monitoring to be used to prevent people with convictions from going to wider areas. It would also allow for monitoring of alcohol and drug use.
It would also allow electronic monitoring in new situations, for example as part of the community sentence type ‘Community Payback Orders’.
Reducing the time periods for disclosure of convictions can help people back into employment more easily. Employers will still be able to be told about convictions that are recent and relevant.
Currently in Scotland, prison sentences of more than 2 and a half years do not become ‘spent’. This Bill would mean that prison sentences of up to 4 years could become spent.
The Scottish Government thinks this Bill would give the right balance between protecting the public and allowing people to move on with their lives after offending
Electronic monitoring for this purpose has been used for a number of years, because it:
Although the number of people convicted is falling, the average length of a prison sentence has increased over the last decade.
Longer prison sentences mean:
Employment is one of the biggest ways to stop people reoffending. But disclosing convictions can affect prospects of getting back into work, education or volunteering.
Management of Offenders (Scotland) Bill as Introduced (408KB, pdf) posted 22 February 2018
Explanatory Notes (341KB, pdf) posted 22 February 2018
Policy Memorandum (664KB, pdf) posted 22 February 2018
Financial Memorandum (264KB, pdf) posted 22 February 2018
Delegated Powers Memorandum (226KB, pdf) posted 22 February 2018
Statements on legislative competence (85KB, pdf) posted 22 February 2018
All Bills introduced in the Parliament must be accompanied by specific documents. For most Bills, this includes:
Explanatory Notes: this document provides an overview of what the Bill does, plus a more detailed explanation of individual provisions.
Policy Memorandum: this sets out the objectives of the Bill. It also lists any alternatives considered, details of consultations, and an assessment of the effects of the Bill on a range of areas.
Financial Memorandum: this sets out estimates of costs, savings, and any changes to revenues expected to result from the Bill.
Delegated Powers Memorandum: this is needed if a Bill gives powers to make subordinate legislation or allows Scottish Ministers to issue directions, guidance or codes of practice.
Statements on legislative competence: two short statements, one by the Presiding Officer and one by the Member introducing the Bill. “Legislative competence” means the powers the Parliament has to make law.
The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is required for this Bill.
For each Bill, the Presiding Officer must decide if a 'Financial Resolution' is required. The main reasons a Bill would need a Financial Resolution are that:
If a Bill requires a Financial Resolution:
The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.
Research briefing on the Management of Offenders (Scotland) Bill
The Bill was introduced on 22 February 2018
At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.
The lead committee for this Bill is the Justice Committee.
The lead committee will usually examine the Bill through evidence sessions. This will involve contributions from individuals and organisations, known as 'witnesses', with knowledge of the subject matter. The committee might also discuss the Bill in private sessions.
The deadline for sharing your views on this Bill has passed.
If a Bill is relevant to more than one committee, 'secondary committees' may consider and report on the general principles of the Bill to the lead committee. Some Bills may also be considered by the Delegated Powers and Law Reform Committee or the Finance and Public Administration Committee.
A Stage 1 debate took place on 7 February 2019 to consider and decide on the general principles of the Bill.
See further details of the motion
The Bill ended Stage 1 on 7 February 2019
At Stage 2, MSPs can propose changes to a Bill. These are called 'amendments'. Any MSP can suggest amendments but only members of the Stage 2 committee can decide on them.
Documents with the amendments considered at the meeting held on 2 April 2019:
First Marshalled List of Amendments for Stage 2 (314KB, pdf) posted 31 March 2019
First Groupings of Amendments for Stage 2 (344KB, pdf) posted 31 March 2019
Documents with the amendments considered at the meeting held on 23 April 2019:
Second Marshalled List of Amendments for Stage 2 (297KB, pdf) posted 21 April 2019
Second Groupings of Amendments for Stage 2 (321KB, pdf) posted 21 April 2019
Documents with the amendments considered at the meeting held on 30 April 2019:
Third Marshalled List of Amendments for Stage 2 (221KB, pdf) posted 28 April 2019
Third Groupings of Amendments for Stage 2 (224KB, pdf) posted 28 April 2019
A Stage 2 'Marshalled List' is a list of all the amendments that have been lodged at Stage 2 (or, if the Stage is mid-way through, all those still to be dealt with). They are listed in the order in which they will be called by the convener and then decided on.
A 'Groupings' list shows how the amendments that are listed in the Marshalled List have been grouped together for debate. Each group contains amendments that are related to each other, even if they are at different places in the Marshalled List.
Management of Offenders (Scotland) Bill as Amended at Stage 2 (543KB, pdf) posted 30 April 2019
Revised Explanatory Notes (457KB, pdf) posted 02 May 2019
Supplementary Delegated Powers Memorandum (116KB, pdf) posted 02 May 2019
Sometimes an amendment at Stage 2 makes substantial changes to a bill. If this happens, the Accompanying Documents need to be updated to explain what these changes are.
If a Bill is relevant to more than one committee, 'secondary committees' may consider and report on the general principles of the Bill to the lead committee. Some Bills may also be considered by the Delegated Powers and Law Reform Committee or the Finance and Public Administration Committee.
Management of Offenders (Scotland) Bill: consideration prior to Stage 3
The Bill ended Stage 2 on 30 April 2019
At Stage 3, MSPs can propose further amendments (changes) to the Bill. These are debated and decided on in the Debating Chamber. At this stage, all MSPs can vote on them. There is then a debate on whether to pass the Bill. If the Bill is not passed, it ‘falls’ and can't become law.
Documents with the amendments considered at this meeting on 25 June 2019:
First Marshalled List of Amendments for Stage 3 (239KB, pdf) posted 23 June 2019
First Groupings of Amendments for Stage 3 (285KB, pdf) posted 23 June 2019
A Stage 3 'Marshalled List' is a list of all the amendments that have been proposed at Stage 3 and that have been selected by the Presiding Officer. They are listed in the order in which they will be called by the Presiding Officer and then decided on.
A 'Groupings' list shows how the amendments that are listed in the Marshalled List have been grouped together for debate. Each group contains amendments that are related to each other, even if they are at different places in the Marshalled List.
‘Timed Groupings’ are usually produced at Stage 3 and set out how long Parliament expects to spend debating the groups of amendments.
Management of Offenders (Scotland) Bill as passed (577KB, pdf) posted 25 June 2019
Once MSPs have decided on the amendments, they debate whether to pass the Bill.
Result 82 for, 26 against, 0 abstained, 21 did not vote Vote Passed
See further details of the motion
The Bill ended Stage 3 on 25 June 2019
If the Bill is passed, it is normally sent for Royal Assent after about 4 weeks. Royal Assent is when the Bill gets formal agreement by the King and becomes an Act of the Scottish Parliament. Some Acts become law straight after Royal Assent. Some only come into force on a later date. Sometimes different bits of the same Act become law on different dates.
The Bill was passed on 25 June 2019 and became an Act on 30 July 2019.