Offender Rehabilitation Act 2014
| Jurisdiction | UK Non-devolved |
| Citation | 2014 c. 11 |
| Year | 2014 |
Offender Rehabilitation Act 2014
2014 CHAPTER 11
An Act to make provision about the release, and supervision after release, of offenders; to make provision about the extension period for extended sentence prisoners; to make provision about community orders and suspended sentence orders; and for connected purposes.
[13th March 2014]
B
e it enacted
by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
In section 243A of the Criminal Justice Act 2003 (duty to release prisoners serving less than 12 months unconditionally once one-half of sentence served), for subsection (1) substitute—
(1)
This section applies to a fixed-term prisoner if—
(a)
the prisoner is serving a sentence which is for a term of 1 day, or
(b)
the prisoner—
(i)
is serving a sentence which is for a term of less than 12 months, and
(ii)
is aged under 18 on the last day of the requisite custodial period.
(1A)
This section also applies to a fixed-term prisoner if—
(a)
the prisoner is serving a sentence which is for a term of less than 12 months, and
(b)
the sentence was imposed in respect of an offence committed before the day on which section 1 of the Offender Rehabilitation Act 2014 came into force.
Commencement Information
I1
S. 1 in force at 1.2.2015 by S.I. 2015/40, art. 2(a)
(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
(256AA)
Supervision after end of sentence of prisoners serving less than 2 years
(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.
Commencement Information
I2
S. 2 in force at 1.2.2015 by S.I. 2015/40, art. 2(b)
(1)
In Chapter 6 of Part 12 of the Criminal Justice Act 2003 (sentencing: release, licences and recall), after section 256AB insert—
(256AC)
Breach of supervision requirements imposed under section 256AA
(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)
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