- Latest available (Revised)
- Point in Time (12/02/2015)
- Original (As enacted)
Criminal Justice and Courts Act 2015
You are here:
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
Opening Options
Changes over time for: Section 12
No versions valid at: 12/02/2015
Alternative versions:
- 13/04/2015- Amendment
- 12/02/2015
Point in time
Status:
Point in time view as at 12/02/2015. This version of this provision is not valid for this point in time.
Status
Not valid for this point in time generally means that a provision was not in force for the point in time you have selected to view it on.
Changes to legislation:
There are currently no known outstanding effects for the Criminal Justice and Courts Act 2015, Section 12.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Valid from 13/04/2015
12Offence of remaining unlawfully at large after recallU.K.
This section has no associated Explanatory Notes
(1)After section 32 of the Crime (Sentences) Act 1997 (recall of life prisoners) insert—
“32ZAOffence of remaining unlawfully at large after recall
(1)A person recalled to prison under section 32 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 12 months or a fine (or both).
(6)In relation to an offence committed before section 154(1) of the Criminal Justice Act 2003 comes into force, the reference in subsection (5)(b) to 12 months 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.”
(2)After section 255 of the Criminal Justice Act 2003 (recall of prisoners) insert—
“255ZAOffence 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 12 months or a fine (or both).
(6)In relation to an offence committed before section 154(1) comes into force, the reference in subsection (5)(b) to 12 months 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.”
(3)Section 32ZA of the Crime (Sentences) Act 1997 and section 255ZA of the Criminal Justice Act 2003 apply in relation to a person recalled to prison before or after this section comes into force.
Options/Help
Print Options
PrintThe Whole Act
PrintThe Whole Part
PrintThe Whole Cross Heading
PrintThis Section only
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?
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.
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.
Opening Options
Different options to open legislation in order to view more content on screen at once
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.
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
Impact Assessments
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
- Why the government is proposing to intervene;
- The main options the government is considering, and which one is preferred;
- How and to what extent new policies may impact on them; and,
- The estimated costs and benefits of proposed measures.
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.
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
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.