Criminal Justice Act 1961

Sections 20 and 32.

THIRD SCHEDULE Supervision of Certain Discharged Prisoners

PART I Supervision within England and Wales

General Provisions

1 Subject to the provisions of this Schedule, every person to whom section twenty of this Act applies shall, after his release from prison and until the expiration of the period of twelve months from the date of his release, be under the supervision of the Society, and shall, while under that supervision—

(a) keep in touch with his (supervising officer in accordance with such instructions as may from time to time be given by that officer; and

(b) comply with such other requirements as may be specified in the notice of supervision given to him under this Schedule.

2 Before the release of any such person from prison, the Prison Commissioners shall cause to be given to him a notice (in this Schedule referred to as a notice of supervision) giving the name and address of the person '(being an officer of the Society or a probation officer) who is to be his supervising officer in the first instance, and specifying any requirements, including the requirement to keep in touch with that officer, with which he has to comply while under supervision ; and a notice given to any person under this paragraph shall contain a statement that it is given to him as falling within a specified class of the persons to whom section twenty of this Act for the time being applies.

3 At any time during the period for which a person is subject to supervision under this Schedule (in this Schedule referred to as the period of supervision) his supervising officer may be replaced by another supervising officer (being an officer of the Society or a probation officer) named in a notice in writing given to the person under supervision by his then supervising officer or by any other person qualified to be named as his supervising officer ; and any such notice shall specify the address of the new supervising officer and the date from which he is to act as such.

4 The Prison Commissioners may, by notice in writing served on the Society at any time during the period of supervision—

(a) discharge from supervision any person to whom a notice of supervision has been given ; or

(b) cancel or modify any of the requirements specified in such a notice in pursuance of sub-paragraph (b) of paragraph 1 of this Schedule ;

and where a notice is served under this paragraph in respect of any person it shall be the duty of the Society to inform that person of the terms of the notice.

Return to prison in case of breach of supervision

5 Any person who, being under supervision under this Schedule, fails to comply with any of the requirements imposed on him thereunder may be sent back to prison by order of a magistrates' court for such term as may be specified in that order, not exceeding whichever is the shorter of the following, that is to say—

(a) a period equal to one third of the term of imprisonment to which he was originally sentenced, or, if that period exceeds six months, a period of six months ;

(b) a period equal to so much of the period of supervision as was unexpired at the date of the laying of the information by which the proceedings were commenced.

6 Subject to the following provisions of this Schedule, the Magistrates' Courts Act, 1952, and any other enactment relating to summary proceedings, shall apply in relation to proceedings for an order under paragraph 5 above as they apply in relation to proceedings in respect of a summary offence, and references in those enactments to an offence, trial, conviction or sentence shall be construed accordingly.

7 Proceedings for an order under paragraph 5 above may be brought in a magistrates' court for any county or borough in which the supervising officer carries out his duties; but no summons or warrant shall be issued for the purposes of such proceedings under section one of the Magistrates' Courts Act, 1952, except upon information laid by or on behalf of the Prison Commissioners.

8 A warrant issued under the said section one for the purposes of proceedings for an order under the said paragraph 5 may, If the person laying the information so requests, bear an endorsement requiring any constable charged with its execution to communicate with the Prison Commissioners before arresting the person under supervision if the constable finds that that person is earning an honest livelihood or that there are other circumstances which ought to be brought to the notice of the Commissioners.

9 If, on the hearing of any such proceedings, the court is satisfied that the person under supervision has failed to comply with any of the requirements of his supervision but is of opinion, having regard to all the circumstances of the case, that it is unnecessary or inexpedient to send him back to prison, the court may make no order in the case.

10 If any person while under supervision under this Schedule is convicted, whether on indictment or summarily, of an offence for which the court has power to pass sentence of imprisonment, the court may, instead of dealing with him in any other manner, make any order which could be made by a magistrates' court under paragraph 5 of this Schedule in proceedings for such an order.

11 The Prison Commissioners may at any time release from ' prison a person who has been sent back to prison under paragraph 5 or paragraph 10 of this Schedule ; and the provisions of this Schedule shall apply to a person released by virtue of this paragraph subject to the following modifications:—

(a) the period of twelve months referred to in paragraph 1 shall be calculated from the date of his original release ; and

(b) in relation to any further order for sending him back to prison under this Schedule, the period referred to at sub-paragraph (a) of paragraph 5 shall be reduced by any time during which he has been detained by virtue of the previous order.

Supplementary

12 In any proceedings, a certificate purporting to be signed by or on behalf of the Prison Commissioners and certifying—

(a) that a notice of supervision was given to any person in the terms specified in the certificate and on a date so specified ; and

(b) either that no notice has been served in respect of him under paragraph 4 of this Schedule or that a notice has been so served in the terms specified in the certificate,

shall be evidence of the matters so certified and, if the term of imprisonment which he was serving until his release is stated in the notice of supervision, shall be evidence of the length of that term; and the fact that a notice of supervision was given to any person shall be evidence that he was a person to whom section twenty of this Act applies.

13 In any proceedings, a certificate purporting to be signed by an officer of the Society or a probation officer and certifying—

(a) that on a date specified in the certificate he gave to the person named in the certificate a notice under paragraph 3 of this Schedule in the terms so specified; or

(b) that on a date specified in the certificate he informed the person named in the certificate of the terms of a notice served on the Society under paragraph 4 of this Schedule,

shall be evidence of the matter so certified and, in the case of a certificate under sub-paragraph (b) above, of the service and terms of the notice under the said paragraph 4.

14 In this Schedule " the Society " means the Central After-Care Association, or such other society as may from time to time be designated by the Secretary of State as the Society for the purposes of this Schedule.

15 Any notice to be served under paragraph 4 of this Schedule may be served by post.

16 For the purposes of Part III of this Act, a person who has been sent back to prison under paragraph 5 or paragraph 10 of this Schedule, and has not been released again, shall be deemed to be serving part of his original sentence, whether or not the term of that sentence has in fact expired.

PART II Modification of Part I as Extended Outside England and Wales

Scotland

17 In relation to anything falling to be done in Scotland under Part I of this Schedule, for the words " an officer of the Society or a probation officer ", wherever they occur, there shall be substituted the words " an officer of the Society or any other person, including a probation officer in Scotland, authorised by the Society ".

18 In relation to proceedings in Scotland, paragraph 5 of this Schedule shall have effect as if for the reference to a magistrates' court there were substituted a reference to the sheriff, and references in paragraphs 9 and 10 to the court and to a magistrates' court shall be construed accordingly ; in paragraph 8 the words " under the said section one " shall be omitted ; and the following shall be substituted for paragraphs 6 and 7:—

“6 Proceedings for an order under paragraph 5 above shall be commenced by sworn information laid by or on behalf of the Prison Commissioners before a sheriff having jurisdiction in the area in which the supervising officer carries out his duties ; and upon any such information the sheriff may issue a warrant for the arrest of the person under supervision or may, if he thinks fit, instead of issuing such a warrant in the first instance, issue a citation requiring that person to appear before him at such time as may be specified in the citation.

7 If the sheriff before whom a person appears or is brought under the last foregoing paragraph is satisfied that that person has failed to comply with any of the requirements of his supervision, the sheriff may make an order under the said paragraph 5 accordingly”.

19 In any proceedings in Scotland, a certificate or notice which, under paragraph 12 or paragraph 13 of this Schedule, is evidence of any matter shall be sufficient evidence of that matter.

20 Where an order is made by any court in Scotland under paragraph 5 or paragraph 10 of this Schedule sending back to prison a person under supervision, the court shall commit him to a prison in Scotland ; but the Secretary of State may, without application in that behalf, make at any time an order under section twenty-six of this Act transferring him to a prison in England.

21 In relation to a person detained by virtue of an order under the said paragraph 5 or paragraph 10 in a prison in Scotland, paragraph 11 (and, if that person is released from such a prison under that paragraph, paragraph 2) of this Schedule shall have effect as if for references to the Prison Commissioners there were substituted references to the Secretary of State.

Northern Ireland

22 In relation to anything falling to be done in Northern Ireland under Part I of this Schedule, any reference to a probation officer shall be construed as a reference to a probation officer in Northern Ireland.

23 In relation to proceedings in Northern Ireland, paragraphs 5 to 10 of this Schedule shall have effect as if—

(a) for references to a magistrates' court there were substituted references to a court of summary jurisdiction ;

(b) for references to the Magistrates' Courts Act, 1952 (except references to section one of that Act) there were substituted references to the Summary Jurisdiction Acts (Northern Ireland); and

(c) for references to the said section one there were substituted references to section eleven of the Petty Sessions (Ireland) Act, 1851.

24 Where an order is made by a court in Northern Ireland under paragraph 5 or paragraph 10 of this Schedule sending back to prison a person under supervision, the court shall commit him to a prison in Northern Ireland ; but the Minister of Home Affairs may, without application in that behalf, make at any time an order under section twenty-six of this Act transferring him to a prison in England.

25 In relation to a person detained by virtue of an order under the said paragraph 5 or paragraph 10 in a prison in Northern Ireland, paragraph 11 (and, if that person is released from such a prison under that paragraph, paragraph 2) of this Schedule shall have effect as if for references to the Prison Commissioners there were substituted references to the Ministry of Home Affairs for Northern Ireland.

Channel Islands and Isle of Man

26 Her Majesty may by Order in Council make such provision as appears to Her to be proper for the purposes of or in connection with the application of Part I of this Schedule to any of the Channel Islands or to the Isle of Man.

General

27 In relation to anything falling to be done outside England and Wales, any reference to the Society in Part I of this Schedule shall (subject to any Order in Council under paragraph 26 of this Schedule) be construed as a reference to the Society within the meaning of paragraph 14 of this Schedule or such other society as may be designated for the purpose by the Secretary of State ; and different societies may be designated under this paragraph for different purposes of the said Part I, or for any purpose of that Part in its application to persons of different classes or in different circumstances.

28 The enactments authorising warrants of arrest for criminal offences issued in any country to which this Schedule extends to be executed in any other such country shall apply to any warrant issued for the purposes of proceedings under Part I of this Schedule as they apply to such warrants as aforesaid.