C2C15Part 12Sentencing
Pt. 12 (ss. 142-305) modified (4.4.2005) by The Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 (S.I. 2005/643), art. 3 (as amended (E.W.) (3.12.2012) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential and Saving Provisions) Regulations 2012 (S.I. 2012/2824), regs. 1, 3(1) (with reg. 3(2)) and as amended (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), s. 5(2)(3), Sch. 2 para. 139; S.I. 2012/1236, reg. 2)
C1C3C11C10C16Chapter 6F1 Release, licencesF5, supervision and recall
Pt. 12 Ch. 6 heading substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 14 para. 16; S.I. 2012/2906, art. 2(l)
Word in Pt. 12 Ch. 6 heading inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 15 (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u)
Pt. 12 Ch. 6 applied to any person serving a sentence for an offence committed before 4 April 2005 (whenever that sentence was or is imposed) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 121(1), 151(1); S.I. 2012/2906, art. 2(d)
Pt. 12 Ch. 6 applied (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 7 para. 2(a); S.I. 2015/40, art. 2(x)
Pt. 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
Pt. 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
Pt. 12 Ch. 6 applied (29.6.2021) by 1984 c. 47, Sch. para. 2(3B) (as inserted by Counter Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(r), Sch. 11 para. 2)
F2Supervision of offenders
S. 256AA and cross-heading inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 2(2), 22(1) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(b)
C6C7C5256AAC11C10Supervision after end of sentence of prisoners serving less than 2 years
1
This section applies where a person (“the offender”) has served a fixed-term sentence which was for a term of more than 1 day but less than 2 years, except where—
a
the offender was aged under 18 on the last day of the requisite custodial period (as defined in section 243A(3)),
b
the sentence was an extended sentence imposed under F16section 254, 266 or 279 of the Sentencing Code,
F9bb
section 247A applied to the offender in respect of the sentence, or
c
the sentence was imposed in respect of an offence committed before the day on which section 2(2) of the Offender Rehabilitation Act 2014 came into force.
C92
The offender must comply with the supervision requirements during the supervision period, except at any time when the offender is—
a
in legal custody,
b
subject to a licence under this Chapter or Chapter 2 of Part 2 of the 1997 Act, or
c
subject to DTO supervision.
C93
The supervision requirements are the requirements for the time being specified in a notice given to the offender by the Secretary of State (but see the restrictions in section 256AB).
C94
“The supervision period” is the period which—
a
begins on the expiry of the sentence, and
b
ends on the expiry of the period of 12 months beginning immediately after the offender has served the requisite custodial period (as defined in section 244(3)).
C95
The purpose of the supervision period is the rehabilitation of the offender.
C96
The Secretary of State must have regard to that purpose when specifying requirements under this section.
C97
The supervisor must have regard to that purpose when carrying out functions in relation to the requirements.
C98
In this Chapter, “the supervisor”, in relation to a person subject to supervision requirements under this section, means a person who is for the time being responsible for discharging the functions conferred by this Chapter on the supervisor in accordance with arrangements made by the Secretary of State.
C99
In relation to a person subject to supervision requirements under this section following a sentence of detention under F17section 250 of the Sentencing Code, the supervisor must be—
a
an officer of a provider of probation services, or
b
a member of the youth offending team established by the local authority in whose area the offender resides for the time being.
C910
In relation to any other person, the supervisor must be an officer of a provider of probation services.
C911
In this section “DTO supervision” means supervision under—
a
a detention and training order (including an order under section 211 of the Armed Forces Act 2006), or
b
an order under F18paragraph 3(2)(b) of Schedule 12 to the Sentencing Code (breach of supervision requirements of detention and training order).
12
This section has effect subject to section 264(3C)(b) and (3D).
C6C7C4C13C11C10256ABC11C10F3Supervision requirements under section 256AA
1
The only requirements that the Secretary of State may specify in a notice under section 256AA are—
a
a requirement to be of good behaviour and not to behave in a way which undermines the purpose of the supervision period;
b
a requirement not to commit any offence;
c
a requirement to keep in touch with the supervisor in accordance with instructions given by the supervisor;
d
a requirement to receive visits from the supervisor in accordance with instructions given by the supervisor;
e
a requirement to reside permanently at an address approved by the supervisor and to obtain the prior permission of the supervisor for any stay of one or more nights at a different address;
f
a requirement not to undertake work, or a particular type of work, unless it is approved by the supervisor and to notify the supervisor in advance of any proposal to undertake work or a particular type of work;
g
a requirement not to travel outside the British Islands, except with the prior permission of the supervisor or in order to comply with a legal obligation (whether or not arising under the law of any part of the British Islands);
h
a requirement to participate in activities in accordance with any instructions given by the supervisor;
i
a drug testing requirement (see section 256D);
j
a drug appointment requirement (see section 256E).
2
Where a requirement is imposed under subsection (1)(h), F19paragraph 5(4) to (9) of Schedule 9 to the Sentencing Code applies in relation to the requirement (reading references to the responsible officer as references to the supervisor).
3
Paragraphs (i) and (j) of subsection (1) have effect subject to the restrictions in sections 256D(2) and 256E(2).
C124
The Secretary of State may by order—
a
add requirements that may be specified in a notice under section 256AA,
b
remove or amend such requirements,
c
make provision about such requirements, including about the circumstances in which they may be imposed, and
d
make provision about instructions given for the purposes of such requirements.
5
An order under subsection (4) may amend this Act.
6
In this section “work” includes paid and unpaid work.
C6C7C8C14C11C10256ACC11C10F4Breach of supervision requirements imposed under section 256AA
1
Where it appears on information to a justice of the peace that a person has failed to comply with a supervision requirement imposed under section 256AA, 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 person to appear or be brought—
a
before a magistrates' court acting for the local justice area in which the offender resides, or
b
if it is not known where the person resides, before a magistrates' court acting for the same local justice area as the justice who issued the summons or warrant.
3
Where the person does not appear in answer to a summons issued under subsection (1)(a), the court may issue a warrant for the person's arrest.
4
If it is proved to the satisfaction of the court that the person has failed without reasonable excuse to comply with a supervision requirement imposed under section 256AA, the court may—
a
order the person to be committed to prison for a period not exceeding 14 days (subject to subsection (7)),
b
order the person to pay a fine not exceeding level 3 on the standard scale, or
5
F14Paragraph 10(3) of Schedule 9 to the Sentencing Code (obligation to impose electronic monitoring requirement) applies in relation to a supervision default order that imposes a curfew requirement as it applies in relation to a community order that imposes such a requirement.
6
If the court deals with the person under subsection (4), it must revoke any supervision default order which is in force at that time in respect of that person.
7
Where the person is under the age of 21—
a
an order under subsection (4)(a) in respect of the person must be for committal to a young offender institution instead of to prison, but
b
the Secretary of State may from time to time direct that a person committed to a young offender institution by such an order is to be detained in a prison or remand centre instead.
8
A person committed to prison or a young offender institution by an order under subsection (4)(a) is to be regarded as being in legal custody.
9
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.
10
In Schedule 19A (supervision default orders)—
a
Part 1 makes provision about requirements of supervision default orders, and
b
Part 2 makes provision about the breach, revocation and amendment of supervision default orders.
F1010A
Where a court deals with a person under this section, the criminal courts charge duty (see section 46 of the Sentencing Code) applies to the court.
11
A person dealt with under this section may appeal to the Crown Court againstF6—
a
the order made by the court F7under this section, and
b
an order made by the court under F11section 46 of the Sentencing Code (criminal courts charge) when dealing with the person under this section.
Pt. 12 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 183(4), 383 (as amended (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 23(2)(b)); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4