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.

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.