Part III Children and Young Persons

Young offenders

I1C165 Supervision of young offenders after release.

1

Where a person under the age of 22 years (“the offender”) is released from a term of detention in a young offender institution or under F1section 91 of the Powers of Criminal Courts (Sentencing) Act 2000, he shall be under the supervision of

F2a

a probation officer;

b

a social worker of a local authority social services department; or

c

in the case of a person under the age of 18 years on his release, a member of a youth offending team.

F31A

Where the supervision is to be provided by a probation officer, the probation officer shall be an officer appointed for or assigned to the petty sessions area within which the offender resides for the time being.

1B

Where the supervision is to be provided by—

a

a social worker of a local authority social services department; or

b

a member of a youth offending team,

the social worker or member shall 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.

2

The supervision period ends on the offender’s 22nd birthday if it has not ended before.

3

Subject to subsection (2) above, where the offender is released otherwise than on licence under Part II of this Act, the supervision period begins on his release and ends three months from his release.

4

Subject to subsection (2) above, where the offender is released on licence under Part II of this Act and the licence expires less than three months from his release, the supervision period begins on the expiry of the licence and ends three months from his release.

5

Where a person is under supervision under this section, he shall comply with such requirements, if any, as may for the time being be specified in a notice from the Secretary of State.

6

A person who without reasonable excuse fails to comply with a requirement imposed under subsection (5) above shall be liable on summary conviction—

a

to a fine not exceeding level 3 on the standard scale; or

b

to an appropriate custodial sentence for a period not exceeding 30 days,

but not liable to be dealt with in any other way.

7

In subsection (6) above “appropriate custodial sentence” means—

a

a sentence of imprisonment, if the offender has attained the age of 21 years when he is sentenced; and

b

a sentence of detention in a young offender institution, if he has not attained that age.

8

A person released from a custodial sentence passed under subsection (6) above shall not be liable to a period of supervision in consequence of his conviction under that subsection, but his conviction shall not prejudice any liability to supervision to which he was previously subject, and that liability shall accordingly continue until the end of the supervision period.