Search Legislation

Legal Aid, Sentencing and Punishment of Offenders Act 2012

Changes over time for: Section 115

 Help about opening options

Alternative versions:

Status:

Point in time view as at 31/01/2017.

Changes to legislation:

Legal Aid, Sentencing and Punishment of Offenders Act 2012, Section 115 is up to date with all changes known to be in force on or before 25 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

115Supervision of young offenders after releaseE+W
This section has no associated Explanatory Notes

After section 256A of the Criminal Justice Act 2003 insert—

Supervision of young offenders after releaseE+W
256BSupervision of young offenders after release

(1)This section applies where a person (“the offender”) is released under this Chapter from one of the following terms if the term is for less than 12 months—

(a)a term of detention in a young offender institution;

(b)a term of detention under section 91 of the Sentencing Act;

(c)a term of detention under section 209 of the Armed Forces Act 2006.

(2)The offender is to be under the supervision of—

(a)an officer of a provider of probation services,

(b)a social worker of a local authority, or

(c)if the offender is under the age of 18 years at the date of release, a member of the youth offending team.

(3)Where the supervision is to be provided by an officer of a provider of probation services, the officer must be an officer acting in the local justice area in which the offender resides for the time being.

(4)Where the supervision is to be provided by—

(a)a social worker of a local authority, or

(b)a member of a youth offending team,

the social worker or member must 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.

(5)The supervision period begins on the offender's release and ends three months later (whether or not the offender is detained under section 256C or otherwise during that period).

(6)During the supervision period, the offender must comply with such requirements, if any, as may for the time being be specified in a notice from the Secretary of State.

(7)The requirements that may be specified in a notice under subsection (6) include—

(a)requirements for securing the electronic monitoring of the offender's compliance with any other requirements specified in the notice;

(b)requirements for securing the electronic monitoring of the offender's whereabouts (otherwise than for the purpose of securing compliance with requirements specified in the notice);

(c)in the circumstances mentioned in subsection (8), requirements to provide, when instructed to do so by an officer of a provider of probation services or a person authorised by the Secretary of State, any sample mentioned in the instruction for the purpose of ascertaining whether the offender has any specified Class A drug in his or her body.

(8)The circumstances referred to in subsection (7)(c) are that—

(a)the offender has attained the age of 18 years;

(b)the offender's term of detention was imposed for a trigger offence; and

(c)the requirements to provide samples are being imposed for the purpose of determining whether the offender is complying with any other requirements specified in the notice.

(9)The function of giving such an instruction as is mentioned in subsection (7)(c) must be exercised in accordance with guidance given from time to time by the Secretary of State; and the Secretary of State may make rules about the requirements that may be imposed by virtue of subsection (7) and the provision of samples in pursuance of such an instruction.

(10)In this section—

  • specified Class A drug” has the same meaning as in Part 3 of the Criminal Justice and Court Services Act 2000;

  • “trigger offence”—

    (a)

    has the same meaning as in that Part, unless paragraph (b) applies;

    (b)

    if the offender's term of detention was imposed for an offence under section 42 of the Armed Forces Act 2006 (criminal conduct), means such an offence as respects which the corresponding offence under the law of England and Wales is a trigger offence within the meaning of that Part.

256CBreach of supervision requirements

(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.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources