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Crime (Sentences) Act 1997

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This is the original version (as it was originally enacted).

16Release supervision orders

(1)This section applies where—

(a)an offender who has been sentenced to imprisonment for a term of twelve months or more in respect of an offence committed after the commencement of this Chapter is released otherwise than under section 10 above;

(b)an offender who has been so sentenced is released under that section; or

(c)an offender who has been sentenced to imprisonment for a term of less than twelve months in respect of an offence committed after that commencement is released under that section.

(2)On his release, the offender shall be subject to a release supervision order—

(a)in a case falling within subsection (1)(a) above, for a period equal to 25 per cent of his term of imprisonment (rounded up to the nearest whole day) or a period of three months, whichever is the greater;

(b)in a case falling within subsection (1)(b) above, for a period equal to the aggregate of the period mentioned in paragraph (a) above and the period mentioned in paragraph (c) below;

(c)in a case falling within subsection (1)(c) above, for a period equal to so much of the remainder of his term as he would have been liable to serve but for his release under section 10 above;

and in applying paragraphs (b) and (c) above account shall be taken of any early release or additional days awarded to the offender before his release.

(3)The release supervision order, which shall be made by the Secretary of State, shall provide that, throughout the period for which the order is in force (“the release supervision period”), the offender, so long as he is at large—

(a)shall be under the supervision of a probation officer; and

(b)shall comply with such conditions as are for the time being specified in the order.

(4)The Secretary of State—

(a)shall not specify any condition which—

(i)requires the offender to live in an approved probation hostel; or

(ii)makes such provision as is made by a curfew order,

except in accordance with recommendations of the Parole Board made after an oral hearing at which the offender had the opportunity to be heard or represented; and

(b)in the case of an offender who has been sentenced to imprisonment for a term of three years or more, shall not specify any other condition except in accordance with recommendations of that Board.

(5)The Secretary of State may make rules for regulating the supervision under this section of any description of offenders.

(6)The power to make rules under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7)In this section—

  • “approved probation hostel” has the same meaning as in the [1993 c. 47.] Probation Service Act 1993;

  • “curfew order” has the same meaning as in the [1991 c. 53.] Criminal Justice Act 1991 (“the 1991 Act”).

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