Offender Rehabilitation Act 2014

Release and supervision of offenders sentenced to less than 2 years

Drug appointments

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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.

Supervision after end of sentence

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• (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—

(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.

Breach of supervision requirements

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• (1) In Chapter 6 of Part 12 of the Criminal Justice Act 2003 (sentencing: release, licences and recall), after section 256AB insert—

(256AC) (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) Any summons or warrant issued under this section must direct the person to appear or be brought— (a) before a magistrates' court acting for the local justice area in which the offender resides, or (b) if it is not known where the person resides, before a magistrates' court acting for the same local justice area as the justice who issued the summons or warrant. (3) Where the person does not appear in answer to a summons issued under subsection (1)(a), the court may issue a warrant for the person's arrest. (4) If it is proved to the satisfaction of the court that the person has failed without reasonable excuse to comply with a supervision requirement imposed under section 256AA, the court may— (a) order the person to be committed to prison for a period not exceeding 14 days (subject to subsection (7)), (b) order the person to pay a fine not exceeding level 3 on the standard scale, or (c) make an order (a “supervision default order”) imposing on the person— (i) an unpaid work requirement (as defined by section 199), or (ii) a curfew requirement (as defined by section 204). (5) Section 177(3) (obligation to impose electronic monitoring requirement) applies in relation to a supervision default order that imposes a curfew requirement as it applies in relation to a community order that imposes such a requirement. (6) If the court deals with the person under subsection (4), it must revoke any supervision default order which is in force at that time in respect of that person. (7) Where the person is under the age of 21— (a) an order under subsection (4)(a) in respect of the person must be for committal to a young offender institution instead of to prison, but (b) the Secretary of State may from time to time direct that a person committed to a young offender institution by such an order is to be detained in a prison or remand centre instead. (8) A person committed to prison or a young offender institution by an order under subsection (4)(a) is to be regarded as being in legal custody. (9) 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. (10) In Schedule 19A (supervision default orders)— (a) Part 1 makes provision about requirements of supervision default orders, and (b) Part 2 makes provision about the breach, revocation and amendment of supervision default orders. (11) A person dealt with under this section may appeal to the Crown Court against the order made by the court.

• (2) Schedule 2 to this Act inserts a new Schedule 19A to the Criminal Justice Act 2003.

Supervision of certain young offenders after release from detention

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• (1) Section 256B of the Criminal Justice Act 2003 (supervision of young offenders after release) is amended as follows.

• (2) For subsection (1) substitute—

(1) This section applies where a person (“the offender”) is released under this Chapter if— (a) the person is, at the time of the release, serving a sentence of detention under section 91 of the Sentencing Act which is for a term of less than 12 months, and (b) the person is aged under 18 on the last day of the requisite custodial period (as defined in section 243A(3)). (1A) This section also applies where a person (“the offender”) is released under this Chapter if— (a) the person is, at the time of the release, serving a sentence of detention under section 91 or 96 of the Sentencing Act 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.

• (3) In subsection (2)(c), omit “if the offender is under the age of 18 years at the date of release,”.

• (4) In subsection (7)—

• (a) for paragraph (c) substitute—

(c) where the offender is aged 18 or over— (i) drug testing requirements (see section 256D); (ii) drug appointment requirements (see section 256E).

• (5) After that subsection insert—

(7A) Paragraph (c)(i) and (ii) of subsection (7) have effect subject to the restrictions in sections 256D(2) and 256E(2).

• (6) Omit subsection (8).

• (7) For subsection (9) substitute—

(9) The Secretary of State may make rules about the requirements that may be imposed by virtue of subsection (7)(a) or (b).

• (8) Omit subsection (10).

Consecutive terms

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• (1) Chapter 6 of Part 12 of the Criminal Justice Act 2003 (sentencing: release, licences and recall) is amended as follows.

• (2) In section 264 (consecutive terms), for subsections (3) and (3A) substitute—

(3B) The offender's release under this Chapter is to be unconditional if— (a) the aggregate length of the terms of imprisonment is less than 12 months, and (b) section 243A so requires in respect of each of the sentences, but in any other case is to be on licence. (3C) If the offender is released on licence under this Chapter— (a) the offender is to be on licence, on and after the release, until the offender would, but for the release, have served a term equal in length to the aggregate length of the terms of imprisonment (but see section 264B); (b) the offender is to be subject to supervision requirements under section 256AA if (and only if)— (i) section 256AA so requires in respect of one or more of the sentences, and (ii) the aggregate length of the terms of imprisonment is less than 2 years. (3D) If the offender is subject to supervision requirements under section 256AA, the supervision period for the purposes of that section begins on the expiry of the period during which the offender is on licence by virtue of subsection (3C)(a). (3E) When the offender is released under this Chapter (whether unconditionally or on licence), the offender is to be subject to supervision requirements under section 256B if that section so requires in respect of one or more of the sentences.

• (3) Before section 265 (and the italic heading before it) insert—

(264B) (1) This section applies in a case in which section 264 applies where— (a) the offender is released on licence under this Chapter, (b) the aggregate length of the terms of imprisonment mentioned in section 264(1)(a) is less than 12 months, and (c) those terms include one or more terms of imprisonment (“short transitional terms”) which were imposed in respect of an offence committed before the day on which section 1 of the Offender Rehabilitation Act 2014 came into force, as well as one or more terms imposed in respect of an offence committed on or after that day. (2) The offender is to be on licence until the offender would, but for the release, have served a term equal in length to the aggregate of— (a) the custodial period in relation to each of the short transitional terms, and (b) the full length of each of the other terms. (3) In this section “custodial period” has the same meaning as in section 264.

• (4) In section 249(3) (duration of licence)—

• (a) for “sections” substitute “ section ”, and

• (b) for “and 264(3)” substitute “ and sections 264(3C)(a) and 264B ”.

• (5) In section 250 (licence conditions), omit subsection (7).

• (6) Schedule 20B (modifications of Chapter 6 of Part 12 in certain transitional cases) is amended as follows.

• (7) In paragraph 22 (consecutive terms including 1991 Act sentence), after sub-paragraph (3) insert—

(3A) If P is subject to supervision requirements under section 256AA (by virtue of section 264(3C)(b)), section 256AA(4)(b) (end of supervision period) applies in relation to P as if the reference to the requisite custodial period were to the period described in sub-paragraph (3) of this paragraph.

• (8) In paragraph 33 (consecutive terms including 1967 Act sentence), after sub-paragraph (3) insert—

(4) If P is subject to supervision requirements under section 256AA (by virtue of section 264(3C)(b)), section 256AA(4)(b) (end of supervision period) applies in relation to P as if the reference to the requisite custodial period were to the period described in sub-paragraph (3) of this paragraph.

Supervision of certain young offenders after detention and training order

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Minor and consequential provision

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• (1) Schedule 3 contains minor and consequential provision.

• (2) The Secretary of State may by order made by statutory instrument amend the Powers of Criminal Courts (Sentencing) Act 2000 and the Criminal Justice Act 2003 so as to—

• (a) replace a reference to a date on which a provision of this Act came into force with a reference to the actual date on which it did so, and

• (b) insert provision explaining the date.

Other provision about release and supervision of offenders

Extended sentences: length of extension period

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Recall and further release of offenders

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• (1) Chapter 6 of Part 12 of the Criminal Justice Act 2003 (sentencing: release, licences and recall) is amended as follows.

• (2) In section 244(1A) (disapplication of that section following recall), after “246” insert “ or 248 ”.

• (3) In section 255(1)(a) (recall of prisoners released early under section 246), for “any condition included in his licence” substitute “ the curfew condition included in the licence ”.

• (4) In section 255A (further release after recall)—

• (a) omit subsection (3),

• (b) in subsection (4), for “that period” substitute “ the automatic release period ”,

• (c) in subsection (5), after paragraph (b) insert—

but that is subject, where applicable, to section 243A(2) (unconditional release).

, and

• (d) at the end insert—

(8) Automatic release” means release at the end of the automatic release period. (9) In the case of a person recalled under section 254 while on licence under a provision of this Chapter other than section 246, “the automatic release period” means— (a) where the person is serving a sentence of less than 12 months, the period of 14 days beginning with the day on which the person returns to custody; (b) where the person is serving a sentence of 12 months or more, the period of 28 days beginning with that day. (10) In the case of a person recalled under section 254 while on licence under section 246, “the automatic release period” means whichever of the following ends later— (a) the period described in subsection (9)(a) or (b) (as appropriate); (b) the requisite custodial period which the person would have served under section 243A or 244 but for the earlier release.

• (5) In section 255B(1)(b) (automatic release), for “the 28 day period mentioned in section 255A(3)” substitute “ the automatic release period (as defined in section 255A(9) and (10)) ”.

• (6) In section 240ZA(6) (time remanded in custody not to count as time served for purposes of automatic release), for “period of 28 days served by the offender before automatic release” substitute “ automatic release period served by the offender ”.

• (7) In section 240A(3B) (time remanded on bail not to count as time served for purposes of automatic release), for “period of 28 days served by the offender before automatic release” substitute “ automatic release period served by the offender ”.

Arrangements for supervision and rehabilitation: female offenders

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In section 3 of the Offender Management Act 2007 (power to make arrangements for the provision of probation services), after subsection (6) insert—

(6A) The Secretary of State must ensure that arrangements under subsection (2) or (5) for the supervision or rehabilitation of persons convicted of offences— (a) state that the Secretary of State has, in making the arrangements, complied with the duty under section 149 of the Equality Act 2010 (public sector equality duty) as it relates to female offenders, and (b) identify anything in the arrangements that is intended to meet the particular needs of female offenders.

Drugs and offenders released during custodial sentence

Drug testing

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• (1) The Criminal Justice and Court Services Act 2000 is amended as follows.

• (2) In section 64 (release on licence: drug testing requirements)—

• (a) in subsection (1)(a), omit “for a trigger offence, and”,

• (b) in that subsection, at the end insert

, and (c) the Secretary of State is satisfied of the matters in subsection (1A).

,

• (c) after that subsection insert—

(1A) Those matters are— (a) that the misuse by the person of a specified class A drug or a specified class B drug caused or contributed to an offence of which the person has been convicted or is likely to cause or contribute to the commission of further offences by the person, and (b) that the person is dependent on, or has a propensity to misuse, a specified class A drug or a specified class B drug.

,

• (d) in subsection (2), after “conditions” insert “ mentioned in subsection (1)(b) ”, and

• (e) in subsection (3), after “specified Class A drug” insert “ or specified Class B drug ”.

• (3) In section 70(1) (interpretation)—

• (a) for “ “Class A drug” has” substitute “ “Class A drug” and “Class B drug” have”, and

• (b) in the definition of “ “specified””, after “Class A drug” insert “ or Class B drug ”.

Drug appointments

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