Explanatory Notes

Legal Aid, Sentencing and Punishment of Offenders Act 2012

2012 CHAPTER 10

1 May 2012

Commentary

Part 3: Sentencing and punishment of offenders

Chapter 4: Release on licence etc
Other provisions about release
Section 115: Supervision of young offenders after release

560.Section 115 amends the 1991 Act to include a provision – section 256B – for the supervision of young adult prisoners released from a sentence of Detention in a Young Offenders’ Institution (“DYOI”) – available for 18 to 20 year olds. This will ensure that prisoners released from a DYOI sentence of less than 12 months will receive 3 months’ supervision. This provision recasts a similar provision in section 65 of the 1991 Act, which was repealed by the 1991 Act. Such supervision can include specific requirements relating to drug testing and electronic monitoring.

561.It also inserts a new section 256C into the 1991 Act to provide for what is to happen if the offender breaches the terms of the supervision. It gives the court powers to summons the offender, issue a warrant of arrest and impose a penalty for the breach.