Release and supervision of offenders sentenced to less than 2 years

Supervision after end of sentence
2
1
Chapter 6 of Part 12 of the Criminal Justice Act 2003 (sentencing: release, licences and recall) is amended as follows.
2
After section 256A insert—

Supervision of offenders

Supervision after end of sentence of prisoners serving less than 2 years
256AA
1
This section applies where a person (“the offender”) has served a fixed-term sentence which was for a term of more than 1 day but less than 2 years, except where—
a
the offender was aged under 18 on the last day of the requisite custodial period (as defined in section 243A(3)),
b
the sentence was an extended sentence imposed under section 226A or 226B, or
c
the sentence was imposed in respect of an offence committed before the day on which section 2(2) of the Offender Rehabilitation Act 2014 came into force.
2
The offender must comply with the supervision requirements during the supervision period, except at any time when the offender is—
a
in legal custody,
b
subject to a licence under this Chapter or Chapter 2 of Part 2 of the 1997 Act, or
c
subject to DTO supervision.
3
The supervision requirements are the requirements for the time being specified in a notice given to the offender by the Secretary of State (but see the restrictions in section 256AB).
4
“The supervision period” is the period which—
a
begins on the expiry of the sentence, and
b
ends on the expiry of the period of 12 months beginning immediately after the offender has served the requisite custodial period (as defined in section 244(3)).
5
The purpose of the supervision period is the rehabilitation of the offender.
6
The Secretary of State must have regard to that purpose when specifying requirements under this section.
7
The supervisor must have regard to that purpose when carrying out functions in relation to the requirements.
8
In this Chapter, “the supervisor”, in relation to a person subject to supervision requirements under this section, means a person who is for the time being responsible for discharging the functions conferred by this Chapter on the supervisor in accordance with arrangements made by the Secretary of State.
9
In relation to a person subject to supervision requirements under this section following a sentence of detention under section 91 of the Sentencing Act, the supervisor must be—
a
an officer of a provider of probation services, or
b
a member of the youth offending team established by the local authority in whose area the offender resides for the time being.
10
In relation to any other person, the supervisor must be an officer of a provider of probation services.
11
In this section “DTO supervision” means supervision under—
a
a detention and training order (including an order under section 211 of the Armed Forces Act 2006), or
b
an order under section 104(3)(aa) of the Powers of Criminal Courts (Sentencing) Act 2002 (breach of supervision requirements of detention and training order).
12
This section has effect subject to section 264(3C)(b) and (3D).
3
In section 237(1) (meaning of “fixed-term prisoner”), at the end insert—
and “fixed-term sentence” means a sentence falling within paragraph (a) or (b).
4
In Schedule 1 to this Act—
a
Part 1 inserts section 256AB of the Criminal Justice Act 2003 which makes general provision about supervision requirements, and
b
Part 2 inserts sections 256D and 256E of that Act which make provision about drug testing requirements and drug appointment requirements.
S. 2 in force at 1.2.2015 by S.I. 2015/40, art. 2(b)