1Subject 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.
2Before 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.
3At 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.
4The 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.
5Any 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.
6Subject 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.
7Proceedings 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.
8A 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.
9If, 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.
10If 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.
11The 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.
12In 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.
13In 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.
14In 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.
15Any notice to be served under paragraph 4 of this Schedule may be served by post.
16For 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.