C2C6Part 12Sentencing

Annotations:
Modifications etc. (not altering text)
C2

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

C6

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)

C1C3C5C4C7Chapter 6F1 Release, licencesF2, supervision and recall

Annotations:
Amendments (Textual)
F2

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)

Modifications etc. (not altering text)
C1

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)

Recall after release

255ZAF3Offence of remaining unlawfully at large after recall

1

A person recalled to prison under section 254 or 255 commits an offence if the person—

a

has been notified of the recall orally or in writing, and

b

while unlawfully at large fails, without reasonable excuse, to take all necessary steps to return to prison as soon as possible.

2

A person is to be treated for the purposes of subsection (1)(a) as having been notified of the recall if—

a

written notice of the recall has been delivered to an appropriate address, and

b

a period specified in the notice has elapsed.

3

In subsection (2) “an appropriate address” means—

a

an address at which, under the person's licence, the person is permitted to reside or stay, or

b

an address nominated, in accordance with the person's licence, for the purposes of this section.

4

A person is also to be treated for the purposes of subsection (1)(a) as having been notified of the recall if—

a

the person's licence requires the person to keep in touch in accordance with any instructions given by an officer of a provider of probation services,

b

the person has failed to comply with such an instruction, and

c

the person has not complied with such an instruction for at least 6 months.

5

A person who is guilty of an offence under this section is liable—

a

on conviction on indictment to imprisonment for a term not exceeding 2 years or a fine (or both);

b

on summary conviction to imprisonment for a term not exceeding F5the general limit in a magistrates’ court or a fine (or both).

6

In relation to an offence committed before F42 May 2022, the reference in subsection (5)(b) to F6the general limit in a magistrates’ court is to be read as a reference to 6 months.

7

In relation to an offence committed before section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force, the reference in subsection (5)(b) to a fine is to be read as a reference to a fine not exceeding the statutory maximum.