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Legal Aid, Sentencing and Punishment of Offenders Act 2012

Other provisions about release
Section 115: Supervision of young offenders after release

560.Section 115 amends the 2003 Act to include a provision – section 256B – for the supervision of young adult prisoners released from a sentence of Detention in a Young Offenders’ Institution (“DYOI”) – available for 18 to 20 year olds. This will ensure that prisoners released from a DYOI sentence of less than 12 months will receive 3 months’ supervision. This provision recasts a similar provision in section 65 of the 1991 Act, which was repealed by the 2003 Act. Such supervision can include specific requirements relating to drug testing and electronic monitoring.

561.It also inserts a new section 256C into the 2003 Act to provide for what is to happen if the offender breaches the terms of the supervision. It gives the court powers to summons the offender, issue a warrant of arrest and impose a penalty for the breach.

Section 116: Miscellaneous amendments relating to release and recall

562.Section 116 makes amendments to the 2003 Act.

563.Subsection (2) removes the duty of the Secretary of State to consult the Parole Board before releasing extended sentence prisoners on compassionate grounds. This brings such release of extended sentence prisoners into line with that of all other determinate sentence prisoners.

564.Subsections (5) to (7) amend sections 260 and 261 of the 2003 Act; these amendments are consequential on the fact that extended sentence prisoners can be removed from prison in order to be removed from the United Kingdom.

565.Subsection (8) corrects a drafting error in section 263(2) of the 2003 Act, which should refer to “section 246” rather than “section 244”.

566.Subsection (9) clarifies the previous drafting and practice under the 2003 Act in relation to the duration of the licence period for prisoners released from concurrent sentences. Release cannot take place until the latest release point of all the sentences and is on a licence expiring on the latest end date of all the sentences. No change of policy is being made.

Section 117: Replacement of transitory provisions

567.Section 117 amends a number of provisions of Chapter 6 of Part 12 of the 2003 Act so that the release provisions of that Chapter apply to sentences of Detention in a Young Offender Institution. This section revokes the 2003 Act (Sentencing) (Transitory Provisions) Order 2005 which had the same effect.

Section 118: Repeal of uncommenced provisions

568.Section 118 removes various provisions which have not been commenced. One of these is a section of the 2003 Act. Some of them are amendments of that Act or Part 2 of the 1991 Act (which also relates to release and recall).

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