Part 12

Sentencing
Chapter 6

Release, licences, supervision and recall

Supervision of offenders

Breach of supervision requirements imposed under section 256AA
256AC
1
Where it appears on information to a justice of the peace that a person has failed to comply with a supervision requirement imposed under section 256AA, the justice may—
a
issue a summons requiring the offender to appear at the place and time specified in the summons, or
b
if the information is in writing and on oath, issue a warrant for the offender's arrest.
2
Any summons or warrant issued under this section must direct the person to appear or be brought—
a
before a magistrates' court acting for the local justice area in which the offender resides, or
b
if it is not known where the person resides, before a magistrates' court acting for the same local justice area as the justice who issued the summons or warrant.
3
Where the person does not appear in answer to a summons issued under subsection (1)(a), the court may issue a warrant for the person's arrest.
4
If it is proved to the satisfaction of the court that the person has failed without reasonable excuse to comply with a supervision requirement imposed under section 256AA, the court may—
a
order the person to be committed to prison for a period not exceeding 14 days (subject to subsection (7)),
b
order the person to pay a fine not exceeding level 3 on the standard scale, or
c
make an order (a “supervision default order”) imposing on the person—
i
an unpaid work requirement (as defined by
paragraph 1 of Schedule 9 to the Sentencing Code
), or
ii
a curfew requirement (as defined by
paragraph 9 of that Schedule
).
5
Paragraph 10(3) of Schedule 9 to the Sentencing Code
(obligation to impose electronic monitoring requirement) applies in relation to a supervision default order that imposes a curfew requirement as it applies in relation to a community order that imposes such a requirement.
6
If the court deals with the person under subsection (4), it must revoke any supervision default order which is in force at that time in respect of that person.
7
Where the person is under the age of 21—
a
an order under subsection (4)(a) in respect of the person must be for committal to a young offender institution instead of to prison, but
b
the Secretary of State may from time to time direct that a person committed to a young offender institution by such an order is to be detained in a prison or remand centre instead.
8
A person committed to prison or a young offender institution by an order under subsection (4)(a) is to be regarded as being in legal custody.
9
A fine imposed under subsection (4)(b) is to be treated, for the purposes of any enactment, as being a sum adjudged to be paid by a conviction.
10
In Schedule 19A (supervision default orders)—
a
Part 1 makes provision about requirements of supervision default orders, and
b
Part 2 makes provision about the breach, revocation and amendment of supervision default orders.
10A
Where a court deals with a person under this section, the criminal courts charge duty (see section 46 of the Sentencing Code) applies to the court.
11
A person dealt with under this section may appeal to the Crown Court against—
a
the order made by the court
under this section, and
b
an order made by the court under
section 46 of the Sentencing Code
(criminal courts charge) when dealing with the person under this section.
S. 256AC(10A) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 231(4) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
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)
Words in s. 256AC(4)(c)(ii) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 231(2)(b) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
Words in s. 256AC(11)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 231(5) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 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. 256AC(11)(b) and words inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 12 para. 14(b); S.I. 2015/778, art. 3, Sch. 1 para. 78
Words in s. 256AC(11) renumbered as s. 256AC(11)(a) (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 12 para. 14(a); S.I. 2015/778, art. 3, Sch. 1 para. 78
S. 256AC 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
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. 256AC inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 3(1), 22(1) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(c)
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
Words in s. 256AC(4)(c)(i) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 231(2)(a) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
Words in s. 256AC(5) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 231(3) (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)
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))
S. 256AC 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))
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))