Criminal Justice Act 2003 (c. 44)

Part 12 U.K. Sentencing

Modifications etc. (not altering text)

C1 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

C2 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)

Chapter 6 E+W [F1 Release, licences[F2 , supervision] and recall ]

Textual Amendments

F1 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)

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)

C3 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)

C4 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)

C5 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

C6 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

C7 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)

[F3 Supervision of offenders E+W

Textual Amendments

F3 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)

256AA Supervision after end of sentence of prisoners serving less than 2 years E+W

(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 [F4 section 254, 266 or 279 of the Sentencing Code],

[F5 (ba) the sentence was imposed under [F6 section 265 or 278 of that Code],]

[F7 (bb) 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.

(2) 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.

(3) 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).

(4) “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)).

(5) The purpose of the supervision period is the rehabilitation of the offender.

(6) The Secretary of State must have regard to that purpose when specifying requirements under this section.

(7) The supervisor must have regard to that purpose when carrying out functions in relation to the requirements.

(8) 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.

(9) In relation to a person subject to supervision requirements under this section following a sentence of detention under [F8 section 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.

(10) In relation to any other person, the supervisor must be an officer of a provider of probation services.

(11) 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 [F9 paragraph 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).]

Textual Amendments

F4 Words in s. 256AA(1)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 229(2)(a) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

F5 S. 256AA(1)(ba) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 1 para. 18; S.I. 2015/778, art. 3, Sch. 1 para. 72

F6 Words in s. 256AA(1)(ba) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 229(2)(b) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

F7 S. 256AA(1)(bb) inserted (26.2.2020) by Terrorist Offenders (Restriction of Early Release) Act 2020 (c. 3), ss. 7(3), 10(4)

F8 Words in s. 256AA(9) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 229(3) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

F9 Words in s. 256AA(11)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 229(4) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

Modifications etc. (not altering text)

C8 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))

C9 Ss. 256AA-256AC applied (with modifications) by 1997 c. 43, Sch. 1 para. 9(2)(4)(9)-(12) (as amended (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 5(5) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u))

C10 S. 256AA(2)-(11) applied (with modifications) by 2000 c. 6, s. 106B(2)-(7) (as inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 6(4), 22(1) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(f))

C11 Ss. 256AA(2)-(11) applied (with modifications) (1.12.2020) by Sentencing Act 2020 (c. 17), s. 247(2)(a)(3)(4)(7), 416(1) (with ss. 2, 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2