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Criminal Justice Act 2003, Section 256C is up to date with all changes known to be in force on or before 27 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)Where an offender is under supervision under section 256B and it appears on information to a justice of the peace that the offender has failed to comply with requirements under section 256B(6), the justice may—
(a)issue a summons requiring the offender to appear at the place and time specified in the summons, or
(b)if the information is in writing and on oath, issue a warrant for the offender's arrest.
(2)Any summons or warrant issued under this section must direct the offender to appear or be brought—
(a)before a court acting for the local justice area in which the offender resides, or
(b)if it is not known where the offender resides, before a court acting for same local justice area as the justice who issued the summons or warrant.
(3)Where the offender does not appear in answer to a summons issued under subsection (1)(a), the court may issue a warrant for the offender's arrest.
(4)If it is proved to the satisfaction of the court that the offender has failed to comply with requirements under section 256B(6), the court may—
(a)order the offender to be detained, in prison or such youth detention accommodation as the Secretary of State may determine, for such period, not exceeding 30 days, as the court may specify, or
(b)[F3order the offender to pay] a fine not exceeding level 3 on the standard scale.
(5)An offender detained in pursuance of an order under subsection (4)(a) is to be regarded as being in legal custody.
(6)A fine imposed under subsection (4)(b) is to be treated, for the purposes of any enactment, as being a sum adjudged to be paid by a conviction.
(7)An offender may appeal to the Crown Court against any order made under subsection (4)(a) or (b).
(8)In this section “court” means—
(a)if the offender has attained the age of 18 years at the date of release, a magistrates' court other than a youth court;
(b)if the offender is under the age of 18 years at the date of release, a youth court.]
Textual Amendments
F1Ss. 256B, 256C and cross-heading inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 115, 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
F2Words in s. 256C heading inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 22 (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u)
F3Words in s. 256C(4)(b) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 21 (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u)
Modifications etc. (not altering text)
C1Pt. 12 Ch. 6 modified (1.12.2020) by Sentencing Act 2020 (c. 17), s. 245(1)(2)(c), 416(1) (with ss. 2, 245(3), 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2
C2Pt. 12 Ch. 6 modified (1.12.2020) by Sentencing Act 2020 (c. 17), s. 244(1)(2)(c), 416(1) (with ss. 2, 244(3), 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2
C3Ss. 256AA-256E applied (with modifications) by 1997 c. 43, Sch. 1 para. 8(2)(4)(8)-(12) (as amended (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), para. 3(3), (5), s. 22(1), Sch. 3 para. 3(2) (with Sch. 7 para. 2)); S.I. 2015/40, art. 2(u))
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