Criminal Justice Act 2003

[F1 256B [F2 Supervision after release of certain young offenders serving less than 12 months] E+W

[F3 (1) This section applies where a person (“the offender”) is released under this Chapter if—

(a) the person is, at the time of the release, serving a sentence of detention under [F4 section 250 of the Sentencing Code] which is for a term of less than 12 months, and

(b) the person is aged under 18 on the last day of the requisite custodial period (as defined in section 243A(3)).

(1A) This section also applies where a person (“the offender”) is released under this Chapter if—

(a) the person is, at the time of the release, serving a sentence of detention under [F5 section 250 or 262 of the Sentencing Code] which is for a term of less than 12 months, and

(b) the sentence was imposed in respect of an offence committed before the day on which section 1 of the Offender Rehabilitation Act 2014 came into force.]

[F6 (1B) But this section does not apply where a person (“the offender”) is released from a sentence in respect of which section 247A applied to the offender.]

(2) The offender is to be under the supervision of—

(a) an officer of a provider of probation services,

(b) a social worker of a local authority, or

(c) F7 ... a member of the youth offending team.

(3) Where the supervision is to be provided by an officer of a provider of probation services, the officer must be an officer acting in the local justice area in which the offender resides for the time being.

(4) Where the supervision is to be provided by—

(a) a social worker of a local authority, or

(b) a member of a youth offending team,

the social worker or member must be a social worker of, or a member of a youth offending team established by, the local authority within whose area the offender resides for the time being.

(5) The supervision period begins on the offender's release and ends three months later (whether or not the offender is detained under section 256C or otherwise during that period).

(6) During the supervision period, the offender must comply with such requirements, if any, as may for the time being be specified in a notice from the Secretary of State.

(7) The requirements that may be specified in a notice under subsection (6) include—

(a) requirements [F8 to submit to] electronic monitoring of the offender's compliance with any other requirements specified in the notice;

(b) requirements [F9 to submit to] electronic monitoring of the offender's whereabouts (otherwise than for the purpose of securing compliance with requirements specified in the notice);

[F10 (c) where the offender is aged 18 or over—

(i) drug testing requirements (see section 256D);

(ii) drug appointment requirements (see section 256E).]

[F11 (7A) Paragraph (c)(i) and (ii) of subsection (7) have effect subject to the restrictions in sections 256D(2) and 256E(2).]

F12 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F13 (9) The Secretary of State may make rules about the requirements that may be imposed by virtue of subsection (7)(a) or (b).]

F14 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F1 Ss. 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)

F2 S. 256B heading substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 20 (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u)

F3 S. 256B(1)(1A) substituted for s. 256B(1) (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 4(2), 22(1) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(d)

F4 Words in s. 256B(1)(a) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 232(2) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

F5 Words in s. 256B(1A)(a) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 232(3) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

F6 S. 256B(1B) inserted (26.2.2020) by Terrorist Offenders (Restriction of Early Release) Act 2020 (c. 3), ss. 7(4), 10(4)

F7 Words in s. 256B(2)(c) omitted (1.2.2015) by virtue of Offender Rehabilitation Act 2014 (c. 11), ss. 4(3), 22(1) (with Sch. 7 para. 3); S.I. 2015/40, art. 2(d)

F8 Words in s. 256B(7)(a) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 2 para. 6 (with s. 7(5)); S.I. 2015/778, art. 3, Sch. 1 para. 73

F9 Words in s. 256B(7)(b) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 2 para. 6 (with s. 7(5)); S.I. 2015/778, art. 3, Sch. 1 para. 73

F10 S. 256B(7)(c) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 4(4)(a), 22(1) (with Sch. 7 para. 3); S.I. 2015/40, art. 2(d)

F11 S. 256B(7A) inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 4(5), 22(1) (with Sch. 7 para. 3); S.I. 2015/40, art. 2(d)

F12 S. 256B(8) omitted (1.2.2015) by virtue of Offender Rehabilitation Act 2014 (c. 11), ss. 4(6), 22(1) (with Sch. 7 para. 3); S.I. 2015/40, art. 2(d)

F13 S. 256B(9) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 4(7), 22(1) (with Sch. 7 para. 3); S.I. 2015/40, art. 2(d)

F14 S. 256B(10) omitted (1.2.2015) by virtue of Offender Rehabilitation Act 2014 (c. 11), ss. 4(8), 22(1) (with Sch. 7 para. 3); S.I. 2015/40, art. 2(d)

Modifications etc. (not altering text)

C1 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

C2 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

C3 Ss. 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))