Part 12

Sentencing
Chapter 6

Release, licences, supervision and recall

Supervision of offenders

Supervision requirements under section 256AA
256AB
1
The only requirements that the Secretary of State may specify in a notice under section 256AA are—
a
a requirement to be of good behaviour and not to behave in a way which undermines the purpose of the supervision period;
b
a requirement not to commit any offence;
c
a requirement to keep in touch with the supervisor in accordance with instructions given by the supervisor;
d
a requirement to receive visits from the supervisor in accordance with instructions given by the supervisor;
e
a requirement to reside permanently at an address approved by the supervisor and to obtain the prior permission of the supervisor for any stay of one or more nights at a different address;
f
a requirement not to undertake work, or a particular type of work, unless it is approved by the supervisor and to notify the supervisor in advance of any proposal to undertake work or a particular type of work;
g
a requirement not to travel outside the British Islands, except with the prior permission of the supervisor or in order to comply with a legal obligation (whether or not arising under the law of any part of the British Islands);
h
a requirement to participate in activities in accordance with any instructions given by the supervisor;
i
a drug testing requirement (see section 256D);
j
a drug appointment requirement (see section 256E).
2
Where a requirement is imposed under subsection (1)(h),
paragraph 5(4) to (9) of Schedule 9 to the Sentencing Code applies
in relation to the requirement (reading references to the responsible officer as references to the supervisor).
3
Paragraphs (i) and (j) of subsection (1) have effect subject to the restrictions in sections 256D(2) and 256E(2).
4
The Secretary of State may by order—
a
add requirements that may be specified in a notice under section 256AA,
b
remove or amend such requirements,
c
make provision about such requirements, including about the circumstances in which they may be imposed, and
d
make provision about instructions given for the purposes of such requirements.
5
An order under subsection (4) may amend this Act.
6
In this section “
work
” includes paid and unpaid work.
Pt. 12 Ch. 6 applied to any person serving a sentence for an offence committed before 4 April 2005 (whenever that sentence was or is imposed) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 121(1), 151(1); S.I. 2012/2906, art. 2(d)
Pt. 12 Ch. 6 modified (1.12.2020) by Sentencing Act 2020 (c. 17), s. 244(1)(2)(c), 416(1) (with ss. 2, 244(3), 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2
Pt. 12 Ch. 6 applied (29.6.2021) by 1984 c. 47, Sch. para. 2(3B) (as inserted by Counter Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(r), Sch. 11 para. 2)
Pt. 12 Ch. 6 applied (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 7 para. 2(a); S.I. 2015/40, art. 2(x)
S. 256AB inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 1 para. 1 (with Sch. 7 para. 2); S.I. 2015/40, art. 2(s)
Pt. 12 Ch. 6 heading substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 14 para. 16; S.I. 2012/2906, art. 2(l)
S. 256AA and cross-heading inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 2(2), 22(1) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(b)
Word in Pt. 12 Ch. 6 heading inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 15 (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u)
Pt. 12 Ch. 6 modified (1.12.2020) by Sentencing Act 2020 (c. 17), s. 245(1)(2)(c), 416(1) (with ss. 2, 245(3), 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2
S. 256AB applied (with modifications) (1.12.2020) by Sentencing Act 2020 (c. 17), s. 247(2)(a)(3)(4), 416(1) (with ss. 2, 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2
S. 256AB(4) extended (1.12.2020) by Sentencing Act 2020 (c. 17), ss. 247(5), 416(1) (with ss. 2, 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2
Words in s. 256AB(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 230 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
Pt. 12 (ss. 142-305) modified (4.4.2005) by The Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 (S.I. 2005/643), art. 3 (as amended (E.W.) (3.12.2012) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential and Saving Provisions) Regulations 2012 (S.I. 2012/2824), regs. 1, 3(1) (with reg. 3(2)) and as amended (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), s. 5(2)(3), Sch. 2 para. 139; S.I. 2012/1236, reg. 2)
S. 256AB applied (with modifications) by 2000 c. 6, s. 106B(2)-(7) (as inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 6(4), 22(1) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(f))
Ss. 256AA-256AC applied (with modifications) by 1997 c. 43, Sch. 1 para. 9(2)(4)(9)-(12) (as amended (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 5(5) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u))
Pt. 12 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 183(4), 383 (as amended (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 23(2)(b)); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Ss. 256AA-256E applied (with modifications) by 1997 c. 43, Sch. 1 para. 8(2)(4)(8)-(12) (as amended (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), para. 3(3), (5), s. 22(1), Sch. 3 para. 3(2) (with Sch. 7 para. 2)); S.I. 2015/40, art. 2(u))