Following the prisons crisis and the report from the public accounts committee on the electronic monitoring of adult offenders, it was widely expected that there would be legislation on the management of offenders.

Home secretary John Reid made a statement to the House in October 2006 on developments in the prison population highlighting the problem of the sharp rise of the prison population over the summer sighting several causes, including the effects Criminal Justice Act 2003; and the detention on 1,013 foreign national prisoners.

The Bill aims to reduce re-offending and better protect the public by improving the way in which offenders are managed and would enable the home secretary to commission services from the best available provider, whether in the public, private or voluntary sector.

The new legislation would also improve offender management by strengthening the offences of bringing articles into prison and by making various technical amendments to improve delivery in the youth justice sector.

During second reading in the Commons, home secretary John Reid said that reform was needed to improve the reoffending rate, which had stayed “obstinately high” despite more money and extra probation staff. He added that it was essential to tap the potential of the private, voluntary and charitable sectors in trying to bring the rate down.  

Conservative shadow home minister Edward Garnier said that there has been “a mad and thoughtless rush to legislate in order to give the impression of command, but there has been none of the necessary thinking, preparation, consultation or staff work to test ideas”. He added the Conservatives support opening up the supervision of offenders to non-state providers. 

Liberal Democrat home affairs spokesperson Nick Clegg said the Bill risks creating “disruption to a service that needs clear, steady direction, not endless managerial instability”. He added that the Bill also risks “exacerbating, not curing, the problems of chronic reoffending that we all seem to agree must be tackled urgently”.