C2C10Part 12Sentencing
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)
C1C3C9C8C11Chapter 6F1 Release, licencesF3, supervision and recall
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)
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)
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)
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)
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
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
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)
F2Supervision of offenders
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)
C5C6C4256AAC9C8Supervision after end of sentence of prisoners serving less than 2 years
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 F7section 254, 266 or 279 of the Sentencing Code,
F5bb
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.
C72
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.
C73
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).
C74
“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)).
C75
The purpose of the supervision period is the rehabilitation of the offender.
C76
The Secretary of State must have regard to that purpose when specifying requirements under this section.
C77
The supervisor must have regard to that purpose when carrying out functions in relation to the requirements.
C78
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.
C79
In relation to a person subject to supervision requirements under this section following a sentence of detention under F8section 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.
C710
In relation to any other person, the supervisor must be an officer of a provider of probation services.
C711
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 F9paragraph 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).
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