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)))

Chapter 6 E+W [F1 Release, licences 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)

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)

[F2 Supervision of young offenders after release E+W

Textual Amendments

F2 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)

256C Breach of supervision requirements E+W

(1) Where an offender is under supervision under section 256B and it appears on information to a justice of the peace that the offender has failed to comply with requirements under section 256B(6), the justice may—

(a) issue a summons requiring the offender to appear at the place and time specified in the summons, or

(b) if the information is in writing and on oath, issue a warrant for the offender's arrest.

(2) Any summons or warrant issued under this section must direct the offender to appear or be brought—

(a) before a court acting for the local justice area in which the offender resides, or

(b) if it is not known where the offender resides, before a court acting for same local justice area as the justice who issued the summons or warrant.

(3) Where the offender does not appear in answer to a summons issued under subsection (1)(a), the court may issue a warrant for the offender's arrest.

(4) If it is proved to the satisfaction of the court that the offender has failed to comply with requirements under section 256B(6), the court may—

(a) order the offender to be detained, in prison or such youth detention accommodation as the Secretary of State may determine, for such period, not exceeding 30 days, as the court may specify, or

(b) impose on the offender a fine not exceeding level 3 on the standard scale.

(5) An offender detained in pursuance of an order under subsection (4)(a) is to be regarded as being in legal custody.

(6) A fine imposed under subsection (4)(b) is to be treated, for the purposes of any enactment, as being a sum adjudged to be paid by a conviction.

(7) An offender may appeal to the Crown Court against any order made under subsection (4)(a) or (b).

(8) In this section “court” means—

(a) if the offender has attained the age of 18 years at the date of release, a magistrates' court other than a youth court;

(b) if the offender is under the age of 18 years at the date of release, a youth court.]