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Part IIIU.K. Dealing with offenders

Chapter IIU.K. Miscellaneous

Release of prisoners on licence etc.E+W

62 Release on licence etc: [F1electronic monitoring conditions].E+W

(1)This section applies where a sentence of imprisonment has been imposed on a person and, by virtue of any enactment—

(a)the Secretary of State is required to, or may, release the person from prison, and

(b)the release is required to be, or may be, subject to conditions (whether conditions of a licence or any other conditions, however expressed).

[F2(2)The conditions may include electronic monitoring conditions.

(2A)An electronic monitoring condition imposed under this section must include provision for making a person responsible for the monitoring.

(2B)A person may not be made responsible for the monitoring unless the person is of a description specified in an order made by the Secretary of State.]

F3(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)The Secretary of State may make rules about the conditions that may be imposed by virtue of this section.

(5)In this section, “sentence of imprisonment” includes—

(a)a detention and training order,

(b)a sentence of detention in a young offender institution,

(c)a sentence of detention under section 90 of the M1Powers of Criminal Courts (Sentencing) Act 2000 [F4or section 259 of the Sentencing Code] (detention at Her Majesty’s pleasure),

(d)a sentence of detention under section 91 of that Act [F5or section 250 [F6or 252A] of that Code] (detention of offenders under 18 convicted of certain serious offences),

(e)a sentence of custody for life under section 93 or 94 of that Act [F7or section 272 or 275 of that Code (including one passed as a result of section 210A, 217, 218A or 219 of the Armed Forces Act 2006)],[F8, F9...

(f)a sentence of detention under section 226 [F10, 226B] or 228 of the Criminal Justice Act 2003 [F11or section 254 of the Sentencing Code] [F12(including one passed as a result of section 221 [F13, 221A] or 222 of the Armed Forces Act 2006)]]

[F14(g)a sentence of detention under section 209 or 218 of the Armed Forces Act 2006, and

(h)an order under section 211 of that Act,]

and “prison” shall be construed accordingly.

[F15(5A)In this section “electronic monitoring condition” means a condition requiring the person to submit to either or both of the following—

(a)electronic monitoring of the person's compliance with another condition of release, and

(b)electronic monitoring of the person's whereabouts (other than for the purpose of monitoring compliance with another condition of release).]

Textual Amendments

F2S. 62(2)-(2B) substituted for s. 62(2) (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 7(2)(a), 95(1) (with s. 7(5)); S.I. 2015/778, art. 3, Sch. 1 para. 7

F4Words in s. 62(5)(c) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 173(a) (with Sch. 27); S.I. 2020/1236, reg. 2

F5Words in s. 62(5)(d) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 173(b) (with Sch. 27); S.I. 2020/1236, reg. 2

F7Words in s. 62(5)(e) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 173(c) (with Sch. 27); S.I. 2020/1236, reg. 2

F8S. 62(5)(f) and word inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 136(3); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(36) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

F9Word in s. 62(5) repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F11Words in s. 62(5)(f) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 173(d) (with Sch. 27); S.I. 2020/1236, reg. 2

F12Words in s. 62(5)(f) inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 184(a); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F14S. 62(5)(g)(h) inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 184(b); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Marginal Citations

[F1662ARelease on licence etc: compulsory electronic monitoring conditionsE+W

(1)The Secretary of State may by order provide that the power under section 62 to impose an electronic monitoring condition must be exercised.

(2)An order under this section may—

(a)require an electronic monitoring condition to be included for so long as the person's release is required to be, or may be, subject to conditions or for a shorter period;

(b)make provision generally or in relation to a case described in the order.

(3)An order under this section may, in particular—

(a)make provision in relation to cases in which compliance with a condition imposed on a person's release is monitored by a person specified or described in the order;

(b)make provision in relation to persons selected on the basis of criteria specified in the order or on a sampling basis;

(c)make provision by reference to whether a person specified in the order is satisfied of a matter.

(4)An order under this section may not make provision about a case in which the sentence imposed on the person is—

(a)a detention and training order,

(b)a sentence of detention under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 [F17or section 250 [F18or 252A] of the Sentencing Code] (detention of offenders under 18 convicted of certain offences),

(c)a sentence of detention under section 209 of the Armed Forces Act 2006 (detention of offenders under 18 convicted of certain offences), or

(d)an order under section 211 of that Act.

(5)In this section, “electronic monitoring condition” has the same meaning as in section 62.

Textual Amendments

F17Words in s. 62A(4)(b) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 174 (with Sch. 27); S.I. 2020/1236, reg. 2

62BData from electronic monitoring: code of practiceE+W

(1)The Secretary of State must issue a code of practice relating to the processing of data gathered in the course of monitoring persons under electronic monitoring conditions imposed under section 62.

(2)A failure to observe a code issued under this section does not of itself make a person liable to any criminal or civil proceedings.]

Textual Amendments

F1963 Supervision of young offenders after release.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F19S. 63 repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(t) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

64 Release on licence etc: drug testing requirements.E+W

(1)This section applies where—

(a)the Secretary of State releases from prison a person aged 18 or over on whom a sentence of imprisonment has been imposed F20...

(b)the release is subject to conditions (whether conditions of a licence or any other conditions, however expressed) [F21, and

(c)the Secretary of State is satisfied of the matters in subsection (1A).]

[F22(1A)Those matters are—

(a)that the misuse by the person of a specified class A drug or a specified class B drug caused or contributed to an offence of which the person has been convicted or is likely to cause or contribute to the commission of further offences by the person, and

(b)that the person is dependent on, or has a propensity to misuse, a specified class A drug or a specified class B drug.]

(2)For the purpose of determining whether the person is complying with any of the conditions [F23mentioned in subsection (1)(b)], they may include the following requirement.

(3)The requirement is that the person must provide, when instructed to do so by an officer of a local probation board [F24, an officer of a provider of probation services] or a person authorised by the Secretary of State, any sample mentioned in the instruction for the purpose of ascertaining whether he has any specified Class A drug [F25or specified Class B drug] in his body.

(4)The function of giving such an instruction is to be exercised in accordance with guidance given from time to time by the Secretary of State; and [F26rules] made by the Secretary of State may regulate the provision of samples in pursuance of such an instruction.

(5)In this section, “sentence of imprisonment” includes—

(a)a detention and training order,

(b)a sentence of detention in a young offender institution,

(c)a sentence of detention under section 90 of the Powers of Criminal Courts (Sentencing) Act 2000 [F27or section 259 of the Sentencing Code] (detention at Her Majesty’s pleasure),

(d)a sentence of detention under section 91 of that Act [F28or section 250 [F29or 252A] of that Code] (detention of offenders under 18 convicted of certain serious offences),

(e)a sentence of custody for life under section 93 or 94 of that Act [F30or section 272 or 275 of that Code],

[F31(g)a sentence of detention under section 209 or 218 of the Armed Forces Act 2006, and

(h)an order under section 211 of that Act,]

and “prison” shall be construed accordingly.

Textual Amendments

F20Words in s. 64(1)(a) omitted (1.2.2015) by virtue of Offender Rehabilitation Act 2014 (c. 11), ss. 11(2)(a), 22(1) (with Sch. 7 para. 6); S.I. 2015/40, art. 2(j)

F21S. 64(1)(c) and word immediately preceding it inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 11(2)(b), 22(1) (with Sch. 7 para. 6); S.I. 2015/40, art. 2(j)

F27Words in s. 64(5)(c) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 175(a) (with Sch. 27); S.I. 2020/1236, reg. 2

F28Words in s. 64(5)(d) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 175(b) (with Sch. 27); S.I. 2020/1236, reg. 2

F30Words in s. 64(5)(e) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 175(c) (with Sch. 27); S.I. 2020/1236, reg. 2

F31S. 64(5)(g)(h) inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 185(b); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Modifications etc. (not altering text)

C1S. 64 amendment to earlier affecting provision 1997 c. 43 Sch. 1 para. 8(2)(4)(7) (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 13(2)(b), 22(1) (with Sch. 7 para. 6); S.I. 2015/40, art. 2(l)

Commencement Information

I1S. 64 wholly in force at 2.7.2001; s. 64 not in force at Royal Assent see s. 80; s. 64 in force for specified purposes at 20.6.2001 and 2.7.2001 insofar as not already in force by S.I. 2001/2232, art. 2(i)

[F3264ARelease on licence etc: drug appointmentsE+W

(1)This section applies where—

(a)the Secretary of State releases a person serving a sentence of imprisonment (“the offender”) who is aged 18 or over,

(b)the release is subject to conditions (whether conditions of a licence or any other conditions, however expressed),

(c)an officer of a provider of probation services has recommended to the Secretary of State that a condition authorised by this section be imposed on the offender, and

(d)the Secretary of State is satisfied of the matters in subsection (2).

(2)Those matters are—

(a)that the misuse by the offender of a controlled drug caused or contributed to an offence of which the offender has been convicted or is likely to cause or contribute to the commission of further offences by the offender,

(b)that the offender is dependent on, or has a propensity to misuse, a controlled drug,

(c)that the dependency or propensity requires, and may be susceptible to, treatment, and

(d)that arrangements have been made, or can be made, for the offender to have treatment.

(3)The conditions mentioned in subsection (1)(b) may include a condition which requires the offender, in accordance with instructions given by an officer of a provider of probation services, to attend appointments with a view to addressing the offender's dependency on, or propensity to misuse, a controlled drug.

(4)The condition must specify—

(a)the person with whom the offender is to meet or under whose direction the appointments are to take place, and

(b)where the appointments are to take place.

(5)The person specified under subsection (4)(a) must be a person who has the necessary qualifications or experience.

(6)The only instructions that an officer of a provider of probation services may give for the purposes of the requirement are instructions as to—

(a)the duration of each appointment, and

(b)when each appointment is to take place.

(7)For the purposes of this section, references to a requirement to attend an appointment do not include a requirement to submit to treatment.

(8)In this section—

Textual Amendments

F33Words in s. 64A(8) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 176(a) (with Sch. 27); S.I. 2020/1236, reg. 2

F34Words in s. 64A(8) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 176(b) (with Sch. 27); S.I. 2020/1236, reg. 2

F36Words in s. 64A(8) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 176(c) (with Sch. 27); S.I. 2020/1236, reg. 2

F37Words in s. 64A(8) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 176(d) (with Sch. 27); S.I. 2020/1236, reg. 2

Modifications etc. (not altering text)

C4S. 64A applied (with modifications) by 1997 c. 43, Sch. 1 para. 9(2)(aa)(4)(aa)(5A) (as amended) (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 13(3)(a), 22(1) (with Sch. 7 para. 6); S.I. 2015/40, art. 2(l)

C5S. 64A applied (with modifications) by 1997 c. 43, Sch. 1 para. 8(2)(aa)(4)(aa)(7) (as amended) (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 13(2)(a), 22(1) (with Sch. 7 para. 6); S.I. 2015/40, art. 2(l)

65 Short-term prisoners: release subject to curfew conditions.E+W

In section 34A of the M2Criminal Justice Act 1991 (power to release short-term prisoners on licence), after subsection (2)(d) there is inserted—

“(da)the prisoner is subject to the notification requirements of Part I of the M3Sex Offenders Act 1997;”.

Marginal Citations