PART 1

Criminal Justice

Release and recall of prisoners

Offence of remaining unlawfully at large after recall
12
1
After section 32 of the Crime (Sentences) Act 1997 (recall of life prisoners) insert—

Offence of remaining unlawfully at large after recall
32ZA
1
A person recalled to prison under section 32 commits an offence if the person—
a
has been notified of the recall orally or in writing, and
b
while unlawfully at large fails, without reasonable excuse, to take all necessary steps to return to prison as soon as possible.
2
A person is to be treated for the purposes of subsection (1)(a) as having been notified of the recall if—
a
written notice of the recall has been delivered to an appropriate address, and
b
a period specified in the notice has elapsed.
3
In subsection (2) “an appropriate address” means—
a
an address at which, under the person’s licence, the person is permitted to reside or stay, or
b
an address nominated, in accordance with the person’s licence, for the purposes of this section.
4
A person is also to be treated for the purposes of subsection (1)(a) as having been notified of the recall if—
a
the person’s licence requires the person to keep in touch in accordance with any instructions given by an officer of a provider of probation services,
b
the person has failed to comply with such an instruction, and
c
the person has not complied with such an instruction for at least 6 months.
5
A person who is guilty of an offence under this section is liable—
a
on conviction on indictment to imprisonment for a term not exceeding 2 years or a fine (or both);
b
on summary conviction to imprisonment for a term not exceeding 12 months or a fine (or both).
6
In relation to an offence committed before section 154(1) of the Criminal Justice Act 2003 comes into force, the reference in subsection (5)(b) to 12 months is to be read as a reference to 6 months.
7
In relation to an offence committed before section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force, the reference in subsection (5)(b) to a fine is to be read as a reference to a fine not exceeding the statutory maximum.
2
After section 255 of the Criminal Justice Act 2003 (recall of prisoners) insert—

Offence of remaining unlawfully at large after recall
255ZA
1
A person recalled to prison under section 254 or 255 commits an offence if the person—
a
has been notified of the recall orally or in writing, and
b
while unlawfully at large fails, without reasonable excuse, to take all necessary steps to return to prison as soon as possible.
2
A person is to be treated for the purposes of subsection (1)(a) as having been notified of the recall if—
a
written notice of the recall has been delivered to an appropriate address, and
b
a period specified in the notice has elapsed.
3
In subsection (2) “an appropriate address” means—
a
an address at which, under the person’s licence, the person is permitted to reside or stay, or
b
an address nominated, in accordance with the person’s licence, for the purposes of this section.
4
A person is also to be treated for the purposes of subsection (1)(a) as having been notified of the recall if—
a
the person’s licence requires the person to keep in touch in accordance with any instructions given by an officer of a provider of probation services,
b
the person has failed to comply with such an instruction, and
c
the person has not complied with such an instruction for at least 6 months.
5
A person who is guilty of an offence under this section is liable—
a
on conviction on indictment to imprisonment for a term not exceeding 2 years or a fine (or both);
b
on summary conviction to imprisonment for a term not exceeding 12 months or a fine (or both).
6
In relation to an offence committed before section 154(1) comes into force, the reference in subsection (5)(b) to 12 months is to be read as a reference to 6 months.
7
In relation to an offence committed before section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force, the reference in subsection (5)(b) to a fine is to be read as a reference to a fine not exceeding the statutory maximum.
3
Section 32ZA of the Crime (Sentences) Act 1997 and section 255ZA of the Criminal Justice Act 2003 apply in relation to a person recalled to prison before or after this section comes into force.