Part 12 U.K. Sentencing

Modifications etc. (not altering text)

C1 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

C2 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)

Chapter 6 E+W [F1 Release, licences[F2 , supervision] and recall ]

Textual Amendments

F1 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)

F2 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)

Modifications etc. (not altering text)

C3 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)

C4 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)

C5 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

C6 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

C7 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)

F3 [F4 ... E+W

Textual Amendments

F3 S. 256B cross-heading omitted (1.2.2015) by virtue of Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 19 (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u)

F4 Ss. 256B, 256C and cross-heading inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 115, 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)

256C Breach of supervision requirements [F5 imposed under section 256B] E+W

(1) Where an offender is under supervision under section 256B and it appears on information to a justice of the peace that the offender has failed to comply with requirements under section 256B(6), 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 offender to appear or be brought—

(a) before a court acting for the local justice area in which the offender resides, or

(b) if it is not known where the offender resides, before a court acting for same local justice area as the justice who issued the summons or warrant.

(3) Where the offender does not appear in answer to a summons issued under subsection (1)(a), the court may issue a warrant for the offender's arrest.

(4) If it is proved to the satisfaction of the court that the offender has failed to comply with requirements under section 256B(6), the court may—

(a) order the offender to be detained, in prison or such youth detention accommodation as the Secretary of State may determine, for such period, not exceeding 30 days, as the court may specify, or

(b) [F6 order the offender to pay] a fine not exceeding level 3 on the standard scale.

(5) An offender detained in pursuance of an order under subsection (4)(a) is to be regarded as being in legal custody.

(6) 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.

(7) An offender may appeal to the Crown Court against any order made under subsection (4)(a) or (b).

(8) In this section “court” means—

(a) if the offender has attained the age of 18 years at the date of release, a magistrates' court other than a youth court;

(b) if the offender is under the age of 18 years at the date of release, a youth court.]

Textual Amendments

F5 Words in s. 256C heading inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 22 (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u)

F6 Words in s. 256C(4)(b) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 21 (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u)

Modifications etc. (not altering text)

C8 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))