Criminal Law Legislation Update
| Date | 01 June 2015 |
| Published date | 01 June 2015 |
| DOI | 10.1177/0022018315591418 |
| Subject Matter | Criminal Law Legislation Update |
Criminal Law Legislation Update
Criminal Law Legislation
Update
As at 26 May 2015
Joanne Clough
Senior Lecturer in Law and Solicitor-Advocate, Northumbria University, UK
The Offender Rehabilitation Act 2014: Part II
This is the second of two updates on the Offender Rehabilitation Act 2014 (ORA 2014), an Act which
amends the law relating to the sentencing and release of offenders.
Section 4: Supervision of Certain Young Offenders Post Release
from Detention
Section 4 of the ORA 2014 amends s. 256B of the Criminal Justice Act 2003 (CJA 2003), which relates
to the supervision of young offenders after release from a sentence under s. 91 or s. 96 of the Powers of
Criminal Courts (Sentencing) Act 2000 (PCC(S)A 2000). Under the old provisions, s. 256B of the CJA
2003 provides for a three-month period of supervision to be applied to an offender who is released from a
sentence of less than 12 months’ imprisonment under s. 91 or s. 96 of the PCC(S)A 2000. Sentences
under s. 91 can be imposed on offenders under the age of 18 years for certain serious offences, while
offences under s. 96 can be imposed on offenders aged at least 18 years but less than 21 years.
The new provisions in s. 256B of the CJA 2003 relate to: offenders serving sentences of less than 12
months under s. 91 of the PCC(S)A 2000 who are aged under 18 years when released; offenders serving
sentences of less than 12 months under s. 91 of the PCC(S)A 2000 imposed for pre-commencement
offences; and offenders serving sentences under s. 96 of the PCC(S)A 2000 (detention in a young offen-
der institution) imposed for a pre-commencement offence. As a result, offenders serving s. 91 or s. 96
sentences in relation to post-commencement offences, who are aged over 18 years on the last day of the
custodial period, will no longer be subject to supervision under s. 256B. Instead, these offences will be
subject to the same arrangements that apply to an adult sentenced to a custodial sentence of less than 12
months. Section 256B continues to apply in any case where the offence for which the sentence was
imposed was committed before the commencement of s. 1 of the ORA 2014.
Under the new s. 256B(2)(c) of the CJA 2003, an offender released from a s. 91 sentence can be super-
vised by a member of the Youth Offending Team (YOT) if the offender is aged over 18 years on release.
This will only affect offenders who have committed offences before the commencement of s. 1 of the
ORA 2014 and who receive a sentence of under 12 months (see new s. 256B(1A) of the CJA 2003).
The pre-existing s. 256B of the CJA 2003 allows for Class A drug testing requirements for offenders
aged over 18 years. This provision is now amended to provide for Class B drug testing requirements to be
imposed (see new s. 256D of the CJA 2003, inserted by Sched. 1 of the ORA 2014). Section 256B is also
amended so that, for those released under this section when the offender is aged 18 or over, the super-
vision period requirements may include drug appointment requirements (see new s. 256E CJA 2003,
inserted by Sched. 1 of the ORA 2014).
The Journal of Criminal Law
2015, Vol. 79(3) 149–153
ªThe Author(s) 2015
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DOI: 10.1177/0022018315591418
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