# Offender Rehabilitation Act 2014

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U.K.

# 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]

Be 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:—                        

## Release and supervision of offenders sentenced to less than 2 yearsU.K.

### 1Reduction of cases in which prisoners released unconditionallyU.K.

### 2Supervision after end of sentenceU.K.

### 3Breach of supervision requirementsU.K.

### 4Supervision of certain young offenders after release from detentionU.K.

### 5Consecutive termsU.K.

### 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### 7Minor and consequential provisionU.K.

## Other provision about release and supervision of offendersU.K.

### 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### 9Recall and further release of offendersU.K.

(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 ”.                  

### 10Arrangements for supervision and rehabilitation: female offendersU.K.

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.”                  

Commencement Information

I1S. 10 in force at 1.6.2014 by S.I. 2014/1287, **art. 2(a)**

## Drugs and offenders released during custodial sentenceU.K.

### 11Drug testingU.K.

(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 ”.                  

### 12Drug appointmentsU.K.

(1)In Chapter 2 of Part 3 of the Criminal Justice and Court Services Act 2000 (dealing with offenders), after section 64 insert—                  

#### “64ARelease on licence etc: drug appointments

(1)This section applies where—                  

(a)the Secretary of State releases a person serving a sentence of imprisonment (“the offender”) who is aged 18 or over,                  

(b)the release is subject to conditions (whether conditions of a licence or any other conditions, however expressed),                  

(c)an officer of a provider of probation services has recommended to the Secretary of State that a condition authorised by this                           section be imposed on the offender, and                  

(d)the Secretary of State is satisfied of the matters in subsection (2).                  

(2)Those matters are—                  

(a)that the misuse by the offender of a controlled drug caused or contributed to an offence of which the offender has been convicted                           or is likely to cause or contribute to the commission of further offences by the offender,                  

(b)that the offender is dependent on, or has a propensity to misuse, a controlled drug,                  

(c)that the dependency or propensity requires, and may be susceptible to, treatment, and                  

(d)that arrangements have been made, or can be made, for the offender to have treatment.                  

(3)The conditions mentioned in subsection (1)(b) may include a condition which requires the offender, in accordance with instructions                           given by an officer of a provider of probation services, to attend appointments with a view to addressing the offender's dependency                           on, or propensity to misuse, a controlled drug.                  

(4)The condition must specify—                  

(a)the person with whom the offender is to meet or under whose direction the appointments are to take place, and                  

(b)where the appointments are to take place.                  

(5)The person specified under subsection (4)(a) must be a person who has the necessary qualifications or experience.                  

(6)The only instructions that an officer of a provider of probation services may give for the purposes of the requirement are                           instructions as to—                  

(a)the duration of each appointment, and                  

(b)when each appointment is to take place.                  

(7)For the purposes of this section, references to a requirement to attend an appointment do not include a requirement to submit                           to treatment.                  

(8)In this section—                  
          -  “controlled drug” has the same meaning as in the Misuse of Drugs Act 1971;                         
          -  “sentence of imprisonment” does not include a detention and training order or an order under section 211 of the Armed Forces Act 2006 but does include—                          (a)
a sentence of detention in a young offender institution,                                 
(b)
a sentence of detention under section 90 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention at Her Majesty's                                       pleasure),                                 
(c)
a sentence of detention under section 91 of that Act (detention of offenders under 18 convicted of certain serious offences),                                 
(d)
a sentence of custody for life under section 93 or 94 of that Act,                                 
(e)
a sentence of detention under section 226, 226B or 228 of the Criminal Justice Act 2003 (including one passed as a result                                       of section 221, 221A or 222 of the Armed Forces Act 2006),                                 
(f)
a sentence of detention under section 209 of the Armed Forces Act 2006 (detention of offenders under 18 convicted of certain                                       serious offences), and                                 
(g)
a sentence of detention under section 218 of that Act (detention at Her Majesty's pleasure).”                                 
 

(2)In section 250 of the Criminal Justice Act 2003 (licence conditions), in subsection (4)(b)(i), for “or 64” substitute “ , 64 or 64A ”.                  

### 13Drug testing and appointments: transfer within the British IslandsU.K.

(1)Schedule 1 to the Crime (Sentences) Act 1997 (transfer of prisoners within the British Islands) is amended as follows.                  

(2)In paragraph 8 (restricted transfers from England and Wales to Scotland)—                  

(a)in sub-paragraphs (2)(aa) and (4)(aa), for “and 64” substitute “ , 64 and 64A ”, and                  

(b)at the end insert—                  

“(7)Sections 64 and 64A of the Criminal Justice and Court Services Act 2000 (release on licence etc: drug appointments), as applied                           by sub-paragraph (2) or (4) above, have effect as if any reference to an officer of a provider of probation services were                           a reference to a relevant officer as defined by section 27(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993.”                  

(3)In paragraph 9 (restricted transfers from England and Wales to Northern Ireland)—                  

(a)in sub-paragraphs (2)(aa) and (4)(aa), for “and 64” substitute “ , 64 and 64A ”, and                  

(b)after sub-paragraph (5) insert—                  

“(5A)Sections 64 and 64A of the Criminal Justice and Court Services Act 2000 (release on licence etc: drug appointments), as applied                           by sub-paragraph (2) or (4) above, have effect as if any reference to an officer of a provider of probation services were                           a reference to a probation officer.”                  

## Community orders and suspended sentence ordersU.K.

### 14Officers responsible for implementing ordersU.K.

(1)For section 197 of the Criminal Justice Act 2003 substitute—                  

#### “197Meaning of “the responsible officer”

(1)For the purposes of this Part, “the responsible officer”, in relation to an offender to whom a relevant order relates, means the person who is for the time being responsible for                           discharging the functions conferred by this Part on the responsible officer in accordance with arrangements made by the Secretary                           of State.                  

(2)The responsible officer must be—                  

(a)an officer of a provider of probation services, or                  

(b)a person responsible for monitoring the offender in accordance with an electronic monitoring requirement imposed by the relevant                           order.”                  

(2)In Schedule 4 to this Act—                  

(a)Part 1 contains amendments which confine certain functions of responsible officers to the public sector, and                  

(b)Part 2 contains consequential provision.                  

Commencement Information

I2S. 14 in force at 1.6.2014 by S.I. 2014/1287, **art. 2(b)**

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### 16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

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### 18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

## Offenders sentenced by service courtsU.K.

### 19Amendments of Armed Forces Act 2006U.K.

Schedule 6 contains amendments of the Armed Forces Act 2006 relating to the release and supervision of offenders, service                     community orders, overseas community orders and suspended sentence orders.                  

Commencement Information

I3S. 19 in force at 1.6.2014 for specified purposes by S.I. 2014/1287, **art. 2(c)**

## GeneralU.K.

### 20Consequential and supplementary provision etcU.K.

(1)The Secretary of State may by order make consequential, supplementary or incidental provision in relation to any provision                        of this Act.                  

(2)An order under this section may—                  

(a)make different provision for different purposes, and                  

(b)amend, repeal or revoke legislation.                  

(3)An order under this section making provision in relation to any of sections 1 to 7, Schedules 1, 2 and 3 and paragraph 2 of                        Schedule 6 may make different provision for different areas.                  

(4)An order under this section is to be made by statutory instrument.                  

(5)A statutory instrument containing an order under this section is subject to annulment in pursuance of a resolution of either                        House of Parliament, subject to subsection (6).                  

(6)A statutory instrument containing an order under this section that amends or repeals an Act (whether alone or with other provision)                        may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.                  

(7)In this section—                  
          -  “Act” includes an Act or Measure of the National Assembly for Wales;                         
          -  “legislation”, in relation to an order made in relation to a provision of this Act, means—                          (a)
an Act passed before or in the same Session as this Act, or
(b)
an instrument made under an Act before the provision comes into force.
 

### 21Transitional provision etcU.K.

(1)Schedule 7 makes provision about the cases to which the amendments made by this Act apply.                  

(2)The Secretary of State may by order make other transitional, transitory or saving provision in connection with the coming                        into force of any provision of this Act.                  

(3)An order under this section—                  

(a)may make different provision for different purposes, and                  

(b)in connection with sections 1 to 7, Schedules 1, 2 and 3 and paragraph 2 of Schedule 6 may make different provision for different                        areas.                  

(4)An order under this section is to be made by statutory instrument.                  

Commencement Information

I4S. 21 partly in force; s. 21(2)-(4) in force at Royal Assent, see s. 22(1)(2)

### 22CommencementU.K.

(1)This Act comes into force on such day or days as the Secretary of State may appoint by order, subject to subsection (2).                  

(2)This section and sections 20, 21(2) to (4), 23 and 24 come into force on the day on which this Act is passed.                  

(3)An order under this section—                  

(a)may appoint different days for different purposes, and                  

(b)in relation to sections 1 to 7, Schedules 1, 2 and 3 and paragraph 2 of Schedule 6, may appoint different days for different                        areas.                  

(4)An order under this section is to be made by statutory instrument.                  

### 23ExtentU.K.

(1)An amendment or repeal made by this Act, other than an armed forces amendment or repeal, has the same extent as the provision                        amended or repealed (ignoring extent by virtue of an Order in Council).                  

(2)Subject to subsection (1), this Act extends to England and Wales, Scotland and Northern Ireland.                  

(3)So far as sections 20, 21 and 22 confer power to make provision amending or otherwise relating to Schedule 1 to the Crime                        (Sentences) Act 1997, they also extend to the Channel Islands.                  

(4)Section 385 of the Armed Forces Act 2006 (extent of enactments applied by that Act) does not apply in relation to an armed                        forces amendment or repeal.                  

(5)Her Majesty may by Order in Council provide for an armed forces amendment or repeal to extend, with or without modifications,                        to—                  

(a)any of the Channel Islands,                  

(b)the Isle of Man, or                  

(c)any of the British overseas territories                  

(6)The power conferred by paragraph 19 of Schedule 1 to the Crime (Sentences) Act 1997 (power to extend to Isle of Man) is exercisable                        in relation to any amendment of that Act that is made by this Act.                  

(7)The power conferred by section 338 of the Criminal Justice Act 2003 (power to extend to Channel Islands etc) is exercisable                        in relation to any amendment of that Act that is made by this Act.                  

(8)“Armed forces amendment or repeal” means—                  

(a)an amendment or repeal made by Schedule 6 (amendments of the Armed Forces Act 2006), and                  

(b)where a provision amended or repealed by this Act is applied by or under the Armed Forces Act 2006, the amendment or repeal                        of the provision as so applied.                  

### 24Short titleU.K.

This Act may be cited as the Offender Rehabilitation Act 2014.

# SCHEDULES

 Section 2

## SCHEDULE 1U.K.Supervision requirements

### **PART 1**U.K.General

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

#### “256ABSupervision requirements under section 256AA

(1)The only requirements that the Secretary of State may specify in a notice under section 256AA are—                  

(a)a requirement to be of good behaviour and not to behave in a way which undermines the purpose of the supervision period;                  

(b)a requirement not to commit any offence;                  

(c)a requirement to keep in touch with the supervisor in accordance with instructions given by the supervisor;                  

(d)a requirement to receive visits from the supervisor in accordance with instructions given by the supervisor;                  

(e)a requirement to reside permanently at an address approved by the supervisor and to obtain the prior permission of the supervisor                           for any stay of one or more nights at a different address;                  

(f)a requirement not to undertake work, or a particular type of work, unless it is approved by the supervisor and to notify the                           supervisor in advance of any proposal to undertake work or a particular type of work;                  

(g)a requirement not to travel outside the British Islands, except with the prior permission of the supervisor or in order to                           comply with a legal obligation (whether or not arising under the law of any part of the British Islands);                  

(h)a requirement to participate in activities in accordance with any instructions given by the supervisor;                  

(i)a drug testing requirement (see section 256D);                  

(j)a drug appointment requirement (see section 256E).                  

(2)Where a requirement is imposed under subsection (1)(h), section 200A (5) to (10) apply in relation to the requirement (reading                           references to the responsible officer as references to the supervisor).                  

(3)Paragraphs (i) and (j) of subsection (1) have effect subject to the restrictions in sections 256D(2) and 256E(2).                  

(4)The Secretary of State may by order—                  

(a)add requirements that may be specified in a notice under section 256AA,                  

(b)remove or amend such requirements,                  

(c)make provision about such requirements, including about the circumstances in which they may be imposed, and                  

(d)make provision about instructions given for the purposes of such requirements.                  

(5)An order under subsection (4) may amend this Act.                  

(6)In this section “work” includes paid and unpaid work.”                  

### **PART 2**U.K.Drugs

2U.K.In Chapter 6 of Part 12 of the Criminal Justice Act 2003 (sentencing: release, licences and recall), after section 256C insert—

#### “256DDrug testing requirements

(1)“Drug testing requirement”, in relation to an offender subject to supervision under this Chapter, means a requirement that, when instructed to do so                           by the supervisor, the offender provide a sample mentioned in the instruction for the purpose of ascertaining whether the                           offender has a specified Class A drug or a specified Class B drug in his or her body.                  

(2)A drug testing requirement may be imposed on an offender subject to supervision under this Chapter only if—                  

(a)the Secretary of State is satisfied of the matters in subsection (3), and                  

(b)the requirement is being imposed for the purpose of determining whether the offender is complying with any other supervision                           requirement.                  

(3)Those matters are—                  

(a)that the misuse by the offender of a specified class A drug or a specified class B drug caused or contributed to an offence                           of which the offender has been convicted or is likely to cause or contribute to the commission of further offences by the                           offender, and                  

(b)that the offender is dependent on, or has a propensity to misuse, a specified class A drug or a specified class B drug.                  

(4)An instruction given for the purpose of a drug testing requirement must be given in accordance with guidance given from time                           to time by the Secretary of State.                  

(5)The Secretary of State may make rules regulating the provision of samples in accordance with such an instruction.                  

(6)In this section, “specified Class A drug” and “specified Class B drug” have the same meaning as in Part 3 of the Criminal Justice and Court Services Act 2000.                  

#### 256EDrug appointment requirements

(1)“Drug appointment requirement”, in relation to an offender subject to supervision under this Chapter, means a requirement that the offender, in accordance                           with instructions given by the supervisor, attend appointments with a view to addressing the offender's dependency on, or                           propensity to misuse, a controlled drug.                  

(2)A drug appointment requirement may be imposed on an offender subject to supervision under this Chapter only if—                  

(a)the supervisor has recommended to the Secretary of State that such a requirement be imposed on the offender, and                  

(b)the Secretary of State is satisfied of the matters in subsection (3).                  

(3)Those matters are—                  

(a)that the misuse by the offender of a controlled drug caused or contributed to an offence of which the offender has been convicted                           or is likely to cause or contribute to the commission of further offences by the offender,                  

(b)that the offender is dependent on, or has a propensity to misuse, a controlled drug,                  

(c)that the dependency or propensity requires, and may be susceptible to, treatment, and                  

(d)that arrangements have been made, or can be made, for the offender to have treatment.                  

(4)The requirement must specify—                  

(a)the person with whom the offender is to meet or under whose direction the appointments are to take place, and                  

(b)where the appointments are to take place.                  

(5)The person specified under subsection (4)(a) must be a person who has the necessary qualifications or experience.                  

(6)The only instructions that the supervisor may give for the purposes of the requirement are instructions as to—                  

(a)the duration of each appointment, and                  

(b)when each appointment is to take place.                  

(7)For the purposes of this section, references to a requirement to attend an appointment do not include a requirement to submit                           to treatment.                  

(8)In this section, “controlled drug” has the same meaning as in the Misuse of Drugs Act 1971.”                  

 Section 3

## SCHEDULE 2U.K.Supervision default orders: new Schedule 19A to Criminal Justice Act 2003

### 

In Chapter 6 of Part 12 of the Criminal Justice Act 2003, after Schedule 19 insert the following Schedule.

#### “SCHEDULE 19AU.K.Supervision default orders

##### **PART 1**U.K.Requirements etc

###### Application of provisions of Chapter 4 of Part 12U.K.

1The provisions of Chapter 4 of Part 12 listed in paragraph 2 apply in relation to a supervision default order as they apply                           in relation to a community order but with the modifications listed in paragraph 3.

2Those provisions are—

(a)section 199(1) to (3) (unpaid work requirement);                  

(b)section 200(1) and (3) (obligations of person subject to unpaid work requirement);                  

(c)section 204(1), (2) and (6) (curfew requirement);                  

(d)section 215(1) to (3) and (4A) (electronic monitoring requirement);                  

(e)section 215A (data from electronic monitoring: code of practice);                  

(f)section 216(1) (local justice area to be specified in order);                  

(g)section 217(1) and (2) (requirement to avoid conflict with religious beliefs);                  

(h)section 218(1), (4) and (5) (availability of arrangements in local area);                  

(i)section 219(1)(a) and (b) and (2) and Schedule 14 (provision of copies).                  

3(1)The modifications mentioned in paragraph 1 are as follows.                  

(2)Section 199 applies as if for paragraphs (a) and (b) of subsection (2) (limit on number of hours of unpaid work) there were                           substituted—                  

“(a)not less than 20 hours, and                  

(b)not more than 60 hours.”                  

(3)Section 200(1) applies—                  

(a)as if the reference to the responsible officer were to the supervisor, and                  

(b)as if at the end there were inserted “and the work must be performed before the end of the supervision period.”                  

(4)Section 204(2) applies as if for the words after “but” there were substituted—                  

“(a)may not specify periods which amount to less than 2 hours or more than 16 hours in any day,                  

(b)may not specify periods which fall outside the supervision period, and                  

(c)must require the person to remain at the specified place or places on at least 20 days.”                  

(5)Section 215(1)(a) applies as if the words “or determined by the responsible officer in accordance with the relevant order”                           were omitted.                  

(6)Section 215(4A) applies as if the references to the responsible officer were to the supervisor.                  

(7)Section 217(2) applies as if the reference to the responsible officer were to the supervisor.                  

(8)Section 219(1)(b) applies as if the reference to the responsible officer were to the supervisor.                  

###### Powers of Secretary of State in relation to provisions of Chapter 4 of Part 12U.K.

4The Secretary of State's power to make orders under section 217(3) (requirement to avoid conflict with religious beliefs etc)                           includes power to provide that section 217(1) and (2), as applied by this Schedule, have effect with additional restrictions                           specified in the order.

5(1)The Secretary of State's power to make rules under section 222 (rules regulating the supervision of persons subject to community                           orders etc) may be exercised in relation to persons subject to supervision default orders.                  

(2)For the purpose of sub-paragraph (1), section 222(1)(b) has effect as if the reference to the responsible officer were to                           the supervisor.                  

6The Secretary of State may by order amend paragraph 3(2) or (4) by changing the number of hours or days for the time being                           specified there.

##### **PART 2**U.K.Breach, revocation or amendment

###### Proceedings for breachU.K.

7(1)If the supervisor in relation to a person subject to supervision requirements under section 256AA—                  

(a)is satisfied that the person has failed without reasonable excuse to comply with a requirement imposed by a supervision default                           order, and                  

(b)considers that the failure should be dealt with by a court,                  

the supervisor must refer the matter to an enforcement officer.                  

(2)Where a matter is referred to an enforcement officer under this paragraph, it is the duty of the enforcement officer—                  

(a)to consider the case, and                  

(b)where appropriate, to cause an information to be laid before a justice of the peace in respect of the person's failure to                           comply with the requirement.                  

(3)In this paragraph “enforcement officer” means a person who is for the time being responsible for discharging the functions conferred by this Schedule on an enforcement                           officer in accordance with arrangements made by the Secretary of State.                  

(4)An enforcement officer must be an officer of a provider of probation services that is a public sector provider.                  

(5)In sub-paragraph (4) “public sector provider” means—                  

(a)a probation trust or other public body, or                  

(b)the Secretary of State.                  

###### Issue of summons or warrant by justice of the peaceU.K.

8(1)If at any time while a supervision default order is in force it appears on information to a justice of the peace that the                           person subject to the order has failed to comply with a requirement imposed by the order, the justice may—                  

(a)issue a summons requiring the person to appear at the place and time specified in it, or                  

(b)if the information is in writing and on oath, issue a warrant for the person's arrest.                  

(2)A summons or warrant issued under this paragraph must direct the person to appear or be brought before—                  

(a)a magistrates' court acting for the local justice area in which the person resides, or                  

(b)if it is not known where the person resides, before a magistrates' court acting for the local justice area specified in the                           supervision default order.                  

###### Powers of magistrates' court to deal with breachU.K.

9(1)This paragraph applies if it is proved to the satisfaction of a magistrates' court before which a person appears or is brought                           under paragraph 8 that the person has failed without reasonable excuse to comply with a requirement imposed by the supervision                           default order.                  

(2)The court may revoke the order and deal with the person for the failure in any of the ways listed in section 256AC(4)(a) to                           (c) (and section 256AC(5) and (7) to (9) apply accordingly).                  

(3)In dealing with a person under this paragraph, a magistrates' court must take into account the extent to which the person                           has complied with the supervision default order.                  

(4)A person dealt with under this paragraph may appeal to the Crown Court against the order made by the court.                  

###### Amendment or revocation of order by magistrates' courtU.K.

10(1)Where a person is subject to a supervision default order, the appropriate magistrates' court may on the application of the                           person or an officer of a provider of probation services—                  

(a)revoke the order,                  

(b)amend the order, or                  

(c)revoke the order and deal with the person under section 256AC(4) in any way in which it could deal with the person if the                           order had never been made.                  

(2)A magistrates' court acting under sub-paragraph (1)(b)—                  

(a)may not increase the number of hours or days specified in the order;                  

(b)may reduce the number of hours or days so specified, but not so as to reduce them below the minimum specified in section 199(2)                           or 204(2) (as modified by paragraph 3).                  

(3)In exercising its powers under sub-paragraph (1), a magistrates' court must take into account the extent to which the person                           has complied with the supervision default order.                  

(4)Where a court exercises its powers under sub-paragraph (1)(b) or (c), the person may appeal to the Crown Court against the                           order made by the court.                  

(5)Where a magistrates' court proposes to exercise its powers under this paragraph on an application of an officer of a provider                           of probation services, the court—                  

(a)must summon the person subject to the supervision default order to appear before the court, and                  

(b)if the person does not appear in answer to the summons, may issue a warrant for the person's arrest.                  

(6)Sub-paragraph (5) does not apply where the court proposes only to amend the order to reduce the number of hours or days specified                           in it.                  

(7)Where an application under this paragraph is made by a person subject to a supervision default order, the magistrates' court                           may not hear the application unless satisfied that adequate notice has been given to any officer of a provider of probation                           services who the court thinks has an interest in the application.                  

(8)No application may be made under this paragraph while an appeal against the supervision default order is pending.                  

(9)In this paragraph “the appropriate magistrates' court” means a magistrates' court acting in the local justice area specified                           in the supervision default order.                  

###### Amendment of local justice area specified in orderU.K.

11(1)This paragraph applies where, at any time while a supervision default order is in force in respect of a person, the appropriate                           magistrates' court is satisfied that the person proposes to change, or has changed, residence from the local justice area                           specified in the order to another local justice area (“the new local justice area”).                  

(2)The appropriate magistrates' court may amend the order to specify the new local justice area.                  

(3)In this paragraph “the appropriate magistrates' court” has the same meaning as in paragraph 10.                  

###### Revocation of order on imposition of further sentenceU.K.

12(1)This paragraph applies where—                  

(a)the Crown Court or a magistrates' court is sentencing a person for an offence, and                  

(b)a supervision default order is in force in respect of the person.                  

(2)If the court imposes a sentence of imprisonment or detention (other than a suspended sentence) it must revoke the supervision                           default order.                  

(3)If the court makes a community order or suspended sentence order it may revoke the supervision default order and deal with                           the person under section 256AC(4) in any way in which the person could be dealt with under section 256AC(4) if the supervision                           default order had never been made.                  

13Where—

(a)the Crown Court or a magistrates' court orders that a suspended sentence or any part of it is to take effect in relation to                           a person, and                  

(b)a supervision default order is in force in respect of the person,                  

the court must revoke the supervision default order.”                  

 Section 7

## SCHEDULE 3U.K.Release and supervision: minor and consequential provision

###  Crime (Sentences) Act 1997 (c. 43)U.K.

1U.K.Schedule 1 to the Crime (Sentences) Act 1997 (transfer of prisoners within the British Islands) is amended as follows.

2(1)Paragraph 6 (effect of transfers: preliminary) is amended as follows.U.K.

(2)In sub-paragraph (2)(b), for “and possible recall following his release” substitute “ , possible recall following release and any supervision default order ”.

(3)In sub-paragraph (2)(c), for “and possible recall” substitute “ , possible recall and any supervision default order ”.

(4)In sub-paragraph (3), at the end insert—

“(c)in relation to a person who is supervised under section 256AA of the 2003 Act, being ordered to be committed to prison or                           detention for failure to comply with a requirement imposed under that section or by a supervision default order;                  

(d)in relation to a person who is supervised under section 256B of the 2003 Act, being ordered to be detained for failure to                           comply with a supervision requirement imposed under that section.”                  

(5)In sub-paragraph (4), at the appropriate place insert—

““supervision default order” has the meaning given in section 268(1) of the 2003 Act;”.                  

3(1)Paragraph 8 (restricted transfers from England and Wales to Scotland) is amended as follows.U.K.

(2)In sub-paragraph (2)(a)—

(a)for “264A” substitute “ 264B ”,

(b)after “267B of” insert “ , and Schedules 19A, 20A and 20B to, ” and

(c)after “104” insert “ and 106B ”.

(3)In sub-paragraph (4)(a)—

(a)for “264A” substitute “ 264B ”,

(b)after “267B of” insert “ , and Schedules 19A, 20A and 20B to, ” and

(c)after “104” insert “ and 106B ”.

(4)In sub-paragraph (6)(f), for “paragraphs (b) and (c)” substitute “ paragraph (c) ”.

(5)At the end (after the sub-paragraph (7) inserted by section 13 of this Act) insert—

“(8)The supervision provisions, as applied by sub-paragraph (2) or (4), have effect—                  

(a)as if any reference to something listed in the first column of the Table in sub-paragraph (10) were a reference to whatever                           is opposite it in the second column of that Table,                  

(b)with the modifications in sub-paragraph (11), and                  

(c)in a case falling within section 106B of the Powers of Criminal Courts (Sentencing) Act 2000, with the further modifications                           in sub-paragraph (12),                  

(and see also paragraphs 8A, 19A and 19B).                  

(9)In this paragraph “the supervision provisions” means—                  

(a)sections 256AA to 256E of, and Schedule 19A to, the 2003 Act,                  

(b)the provisions of the 2003 Act mentioned in section 256AC of, and Schedule 19A to, that Act, as applied by that section and                           that Schedule, and                  

(c)section 106B of the Powers of Criminal Courts (Sentencing) Act 2000.                  

(10)The references mentioned in sub-paragraph (8)(a) are—                  

#### TABLE

(11)The modifications mentioned in sub-paragraph (8)(b) are—                  

(a)section 256AA(2)(b) of the 2003 Act has effect as if it also referred to a licence under the Prisons (Scotland) Act 1989 or                           the Prisoners and Criminal Proceedings (Scotland) Act 1993,                  

(b)section 256AC(7)(b) of the 2003 Act has effect as if for “the Secretary of State” there were substituted “ the Scottish Ministers ”,                  

(c)paragraph 2 of Schedule 19A to the 2003 Act has effect as if—                  

(i)sub-paragraph (d) referred only to section 215(1) and (2) of the 2003 Act, and                  

(ii)sub-paragraph (e) were omitted,                  

(d)paragraph 3 of Schedule 19A to the 2003 Act has effect as if, after sub-paragraph (7), there were inserted—                  

“(7A)Section 218(4)(a) applies as if for the words “has been notified by the Secretary of State” there were substituted “is satisfied”,                  

(e)paragraph 7 of Schedule 19A to the 2003 Act has effect as if—                  

(i)in sub-paragraph (1), for “the supervisor must refer the matter to the enforcement officer” there were substituted “ the supervisor may cause an information to be laid before a sheriff court in respect of the person's failure to comply with                              the requirement ”, and                  

(ii)sub-paragraphs (2) to (5) were omitted, and                  

(f)paragraph 12(3) of Schedule 19A to the 2003 Act has effect as if for “makes a community order or suspended sentence order”                           there were substituted “ imposes any other sentence ”.                  

(12)The further modifications mentioned in sub-paragraph (8)(c) are that section 106B of the Powers of Criminal Courts (Sentencing)                           Act 2000 has effect as if—                  

(a)in subsection (4), for paragraph (b) there were substituted a reference to an officer of a local authority constituted under                           the Local Government etc (Scotland) Act 1994 for the local government area in which the offender resides for the time being,                           and                  

(b)after subsection (3) there were inserted—                  

“(3A)Sections 256AA(3) and (6), 256AB(1) and 256E(2) have effect as if the references to the Secretary of State were references                           to the Scottish Ministers.””                  

4U.K.After paragraph 8 insert—

#### “Restricted transfers between England and Wales and Scotland: further provision about supervision default ordersU.K.

8A(1)This paragraph applies if—                  

(a)a person's supervision is transferred to Scotland under paragraph 4 of this Schedule by means of a restricted transfer or                           transferred back to England and Wales under paragraph 7 of this Schedule, and                  

(b)at the time of the transfer, or transfer back, a supervision default order is in force in respect of the person.                  

(2)The supervision default order has effect as if, at the time of the transfer or transfer back, it specified the relevant area                           in which the person resides or proposes to reside in the new jurisdiction (rather than a relevant area in the jurisdiction                           from which the person is transferring).                  

(3)The court acting for that relevant area in the new jurisdiction may amend the supervision default order to specify that area.                  

(4)In this paragraph—                  
          -  “relevant area” means—                          (a)
in England and Wales, a local justice area, and                                 
(b)
in Scotland, a local government area within the meaning of the Local Government etc (Scotland) Act 1994;                                 
 
          -  “supervision default order” has the meaning given in section 268(1) of the 2003 Act.”                         

5(1)Paragraph 9 (restricted transfers from England and Wales to Northern Ireland) is amended as follows.U.K.

(2)In sub-paragraph (2)(a)—

(a)for “264A” substitute “ 264B ”,

(b)after “267B of” insert “ , and Schedules 20A and 20B to, ” and

(c)after “104” insert “ and 106B ”.

(3)In sub-paragraph (4)(a)—

(a)for “264A” substitute “ 264B ”,

(b)after “267B of” insert “ , and Schedules 20A and 20B to, ” and

(c)after “104” insert “ and 106B ”.

(4)Omit sub-paragraph (8).

(5)At the end insert—

“(9)The supervision provisions, as applied by sub-paragraph (2) or (4), have effect—                  

(a)as if any reference to something listed in the first column of the Table in sub-paragraph (11) were a reference to whatever                           is opposite it in the second column of that Table, and                  

(b)with the other modifications in sub-paragraph (12).                  

(10)In this paragraph “the supervision provisions” means—                  

(a)sections 256AA to 256AC, 256D and 256E of the 2003 Act, and                  

(b)section 106B of the Powers of Criminal Courts (Sentencing) Act 2000.                  

(11)The references mentioned in sub-paragraph (9)(a) are—                  

#### TABLE

(12)The other modifications mentioned in sub-paragraph (9)(b) are—                  

(a)section 256AA(2)(b) of the 2003 Act has effect as if it also referred to—                  

(i)a custody probation order or licence under Part 2 of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160) (N.I. 24), and                  

(ii)a licence under the Northern Ireland (Sentences) Act 1998, Part 3 of the Life Sentences (Northern Ireland) Order 2001 (S.I.                           2001/2564 (N.I. 2)) or Chapter 4 of Part 2 of the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)),                  

(b)section 256AC of the 2003 Act has effect as if subsections (4)(c), (5) and (10) (provision for supervision default orders)                           were omitted, and                  

(c)subsection (7)(b) of that section has effect as if for “the Secretary of State” there were substituted “ the Department of Justice in Northern Ireland ”.”                  

6(1)Paragraph 15 (unrestricted transfers: general) is amended as follows.U.K.

(2)In sub-paragraph (4A), for “This paragraph has” substitute “ Sub-paragraphs (3) and (4) have ”.

(3)After sub-paragraph (4A) insert—

“(4B)A person who is subject to a period of supervision of a type or length which could not have been imposed on an offender in                           the place to which the person has been transferred is to be treated for the relevant purposes as the receiving authority may                           direct.                  

(4C)In sub-paragraph (4B), “the receiving authority” means—                  

(a)in relation to a person transferred to Scotland, the Scottish Ministers,                  

(b)in relation to a person transferred to Northern Ireland, the Department of Justice in Northern Ireland, and                  

(c)in relation to any other person, the Secretary of State.”                  

7U.K.After paragraph 19 insert—

#### “Service of process issued in ScotlandU.K.

19A(1)Section 4 of the Summary Jurisdiction (Process) Act 1881 (service in England and Wales of Scottish process etc) applies to                           any process issued by a court in Scotland under the supervision provisions.                  

(2)“The supervision provisions” means the provisions listed in paragraph 8(9), as they are applied by paragraph 8(2) or (4).                  

#### Electronic monitoring in ScotlandU.K.

19B(1)Section 245C of the Criminal Procedure (Scotland) Act 1995 (remote monitoring), and regulations under that section, apply                           in relation to the electronic monitoring of compliance with a curfew requirement in a supervision default order imposed under                           the supervision provisions as they apply in relation to the remote monitoring of compliance with a restriction of liberty                           order.                  

(2)“The supervision provisions” means the provisions listed in paragraph 8(9), as they are applied by paragraph 8(2) or (4).”                  

8U.K.In paragraph 20(1) (interpretation), for the definition of “supervision” substitute—

““supervision” means—                  

(a)supervision under an order made for the purpose,                  

(b)supervision under a detention and training order,                  

(c)in the case of a person released from prison on licence, supervision under a condition contained in the licence,                  

(d)supervision under section 256AA of the Criminal Justice Act 2003 (supervision after end of sentence), including supervision                           under that section as applied by section 106B of the Powers of Criminal Courts (Sentencing) Act 2000, or                  

(e)supervision under section 256B of the Criminal Justice Act 2003 (supervision after release of certain young offenders serving                           less than 12 months).”                  

###  Crime and Disorder Act 1998 (c. 37)U.K.

9(1)Section 38(4) of the Crime and Disorder Act 1998 (meaning of “youth justice services”) is amended as follows.U.K.

(2)After paragraph (h) (supervision as part of detention and training order) insert—

“(ha)supervision after the end of the term of such an order under section 256AA of the Criminal Justice Act 2003 (as applied by                           section 106B of the Powers of Criminal Courts (Sentencing) Act 2000);”.                  

(3)For paragraph (i) substitute—

“(i)post-release supervision in accordance with a licence under section 31 of the Crime (Sentences) Act 1997 or section 250 of                           the Criminal Justice Act 2003 of a person sentenced to detention under section 90 or 91 of the Powers of Criminal Courts (Sentencing)                           Act 2000, section 226, 226B or 228 of the Criminal Justice Act 2003 or section 209, 218, 221, 221A or 222 of the Armed Forces                           Act 2006;                  

(ia)post-release supervision under section 256B of the Criminal Justice Act 2003;                  

(ib)supervision under section 256AA of the Criminal Justice Act 2003 of a person sentenced to detention under section 91 of the                           Powers of Criminal Courts (Sentencing) Act 2000 or section 209 of the Armed Forces Act 2006;”.                  

###  Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)U.K.

10U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

12U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

###  Criminal Justice and Court Services Act 2000 (c. 43)U.K.

13U.K.In section 64(4) of the Criminal Justice and Court Services Act 2000 (release on licence: regulation of provision of samples                        given pursuant to drug testing condition), for “regulations” substitute “ rules ”.

###  Criminal Justice Act 2003 (c. 44)U.K.

14U.K.The Criminal Justice Act 2003 is amended as follows.

15U.K.In the heading of Chapter 6 of Part 12, after “licences” insert “ , supervision ”.

16U.K.In the heading of section 243A, after “release” insert “ certain ”.

17U.K.In section 243A(3)(a) (duty to release prisoners serving less than 12 months unconditionally: definition of requisite custodial                        period), for the words from “in relation to” to “such a term” substitute “ in relation to a person serving one sentence ”.

18U.K.In section 244(3)(a) (duty to release prisoners on licence: definition of requisite custodial period), for the words from                        “in relation to” to “such a term” substitute “ in relation to a prisoner serving one sentence ”.

19U.K.Omit the italic heading before section 256B.

20U.K.For the heading of that section substitute “ Supervision after release of certain young offenders serving less than 12 months ”.

21U.K.In section 256C(4)(b) (breach of supervision requirements), for “impose on the offender” substitute “ order the offender to pay ”.

22U.K.In the heading of that section, at the end insert “ imposed under section 256B ”.

23(1)Section 268 (interpretation of Chapter 6) is amended as follows.U.K.

(2)The existing text is re-numbered as subsection (1).

(3)In subsection (1), in the definition of “fixed-term prisoner”, for “ “fixed-term prisoner” has” substitute “ “fixed-term prisoner”                        and “fixed-term sentence” have”.

(4)In subsection (1), at the appropriate places insert—

““offender subject to supervision under this Chapter” means a person who is subject to supervision requirements under section 256AA or 256B;”;                  

““supervision default order” means an order described in section 256AC(4)(c), whether made under that provision or under paragraph 9 of Schedule 19A;”;                  

““the supervision period”, in relation to an offender subject to supervision under this Chapter, has the meaning given in section 256AA or 256B (as                        appropriate);”;                  

““ “the supervisor”—                  

(a)in relation to an offender subject to supervision requirements under section 256AA, has the meaning given in that section,                           and                  

(b)in relation to an offender subject to supervision requirements under section 256B, means the person who provides supervision                           under that section;”.                  

(5)At the end insert—

“(2)For the purposes of sections 243A(1A), 256AA(1), 256B(1A) and 264B(1), where an offence is found to have been committed over                           a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken to have been committed on                           the last of those days.”                  

24(1)Section 302 (execution of process between England and Wales and Scotland) is amended as follows.U.K.

(2)After “under—” insert—

“section 256AC(1) or (3),                  

section 256C(1) or (3),”.                  

(3)Omit the “or” before “paragraph 6(2) or (4)”.

(4)After “Schedule 12” insert “or 

paragraph 8(1) or 10(5) of Schedule 19A,”.                  

25U.K.In section 330(5)(a) (orders subject to affirmative procedure) at the appropriate place insert— “ section 256AB(4), ”; “ paragraph 6 of Schedule 19A, ”.

 Section 14

## SCHEDULE 4U.K.Officers responsible for implementing orders

### **PART 1**U.K.Functions confined to the public sector

####  Criminal Justice Act 2003 (c. 44)U.K.

1U.K.The Criminal Justice Act 2003 is amended as follows.

Commencement Information

I6Sch. 4 para. 1 in force at 1.6.2014 by S.I. 2014/1287, **art. 2(d)**

2U.K.In section 191 (power to provide for review of suspended sentence order), in subsection (1)(d), for “the responsible officer”                        substitute “ an officer of a provider of probation services ”.

Commencement Information

I7Sch. 4 para. 2 in force at 1.6.2014 by S.I. 2014/1287, **art. 2(d)**

3(1)Section 192 (periodic review of suspended sentence order) is amended as follows.U.K.

(2)In subsection (1)—

(a)omit “responsible”, and

(b)after “subsection” insert “ (“the review officer's report”) ”.

(3)In each of subsections (4) and (5), for “responsible” substitute “ review ”.

Commencement Information

I8Sch. 4 para. 3 in force at 1.6.2014 by S.I. 2014/1287, **art. 2(d)**

4U.K.In section 210 (drug rehabilitation requirement: provision for review by court), in subsection (1)(d), for “the responsible                        officer” substitute “ an officer of a provider of probation services ”.

Commencement Information

I9Sch. 4 para. 4 in force at 1.6.2014 by S.I. 2014/1287, **art. 2(d)**

5(1)Section 211 (periodic review of drug rehabilitation requirement) is amended as follows.U.K.

(2)In subsection (1)—

(a)omit “responsible”, and

(b)after “subsection” insert “ (“the review officer's report”) ”.

(3)In each of subsections (6) and (7), for “responsible” substitute “ review ”.

Commencement Information

I10Sch. 4 para. 5 in force at 1.6.2014 by S.I. 2014/1287, **art. 2(d)**

6(1)Schedule 8 (breach, revocation or amendment of community order) is amended as follows.U.K.

(2)After paragraph 1 insert—

“1A(1)In this Schedule “enforcement officer” means a person who is for the time being responsible for discharging the functions conferred by this Schedule on an enforcement                           officer in accordance with arrangements made by the Secretary of State.                  

(2)An enforcement officer must be an officer of a provider of probation services that is a public sector provider.                  

(3)In sub-paragraph (2) “public sector provider” means—                  

(a)a probation trust or other public body, or                  

(b)the Secretary of State.”                  

(3)In paragraph 5(1), for paragraph (b) substitute—

“(b)the officer refers the matter to an enforcement officer (see paragraph 6A).”                  

(4)In paragraph 6(1), for the words from “must cause an information” to the end substitute “ must refer the matter to an enforcement officer (see paragraph 6A). ”

(5)After paragraph 6 insert—

##### “Role of enforcement officerU.K.

6A(1)Where a matter is referred to an enforcement officer under paragraph 5(1)(b) or 6(1), it is the duty of the enforcement officer                           to consider the case and, where appropriate, to cause an information to be laid before a justice of the peace in respect of                           the offender's failure to comply with the requirement.                  

(2)In relation to any community order which was made by the Crown Court and does not include a direction that any failure to                           comply with the requirements of the order is to be dealt with by a magistrates' court, the reference in sub-paragraph (1)                           to a justice of the peace is to be read as a reference to the Crown Court.”                  

(6)In each of paragraphs 13(1), 14(1)(b), 17(1), 19, 19A(1), 20(1)(b) and 24(2)(b) for “the responsible officer” substitute “ an officer of a provider of probation services ”.

(7)In paragraph 18(1) for “apply” substitute “ cause an application to be made ”.

Commencement Information

I11Sch. 4 para. 6 in force at 1.6.2014 by S.I. 2014/1287, **art. 2(d)**

7(1)Schedule 12 (breach or amendment of suspended sentence order, and effect of further conviction) is amended as follows.U.K.

(2)After paragraph 1 insert—

“1A(1)In this Schedule “enforcement officer” means a person who is for the time being responsible for discharging the functions conferred by this Schedule on an enforcement                           officer in accordance with arrangements made by the Secretary of State.                  

(2)An enforcement officer must be an officer of a provider of probation services that is a public sector provider.                  

(3)In sub-paragraph (2) “public sector provider” means—                  

(a)a probation trust or other public body, or                  

(b)the Secretary of State.”                  

(3)In paragraph 4(1), for paragraph (b) substitute—

“(b)the officer refers the matter to an enforcement officer (see paragraph 5A).”                  

(4)In paragraph 5(1), for the words from “must cause an information” to the end substitute “ must refer the matter to an enforcement officer (see paragraph 5A). ”

(5)After paragraph 5 insert—

##### “Role of enforcement officerU.K.

5A(1)Where a matter is referred to an enforcement officer under paragraph 4(1)(b) or 5(1), it is the duty of the enforcement officer                           to consider the case and, where appropriate, to cause an information to be laid before a justice of the peace in respect of                           the offender's failure to comply with the requirement.                  

(2)In relation to any suspended sentence order which was made by the Crown Court and does not include a direction that any failure                           to comply with the requirements of the order is to be dealt with by a magistrates' court, the reference in sub-paragraph (1)                           to a justice of the peace is to be read as a reference to the Crown Court.”                  

(6)In each of paragraphs 13(1), 15(1), 17, 18(1)(b) and 19(2)(b) for “the responsible officer” substitute “ an officer of a provider of probation services ”.

(7)In paragraph 16(1) for “apply” substitute “ cause an application to be made ”.

Commencement Information

I12Sch. 4 para. 7 in force at 1.6.2014 by S.I. 2014/1287, **art. 2(d)**

####  Offender Management Act 2007 (c. 21)U.K.

8U.K.In section 4 of the Offender Management Act 2007 (probation provision that may only be made with a probation trust or other                        public body), after subsection (2) insert—

“(3)The provision described in subsection (2)(b) includes provision which relates to the making of an application by an officer                           to a court under—                  

(a)paragraph 13, 14, 17, 19A or 20 of Schedule 8 to the Criminal Justice Act 2003 (revocation or amendment of community orders),                  

(b)paragraph 13, 15, 17 or 18 of Schedule 12 to that Act (amendment of suspended sentence orders), or                  

(c)paragraph 10 of Schedule 19A to that Act (revocation or amendment of supervision default orders).”                  

Commencement Information

I13Sch. 4 para. 8 in force at 1.6.2014 by S.I. 2014/1287, **art. 2(d)**

### **PART 2**U.K.Consequential provision

####  Children Act 1989 (c. 41)U.K.

9U.K.In Schedule A1 to the Children Act 1989 (enforcement orders), in paragraph 3, omit sub-paragraphs (1) and (2)(a).

Commencement Information

I14Sch. 4 para. 9 in force at 1.6.2014 by S.I. 2014/1287, **art. 2(d)**

####  Criminal Justice Act 2003 (c. 44)U.K.

10U.K.The Criminal Justice Act 2003 is amended as follows.

Commencement Information

I15Sch. 4 para. 10 in force at 1.6.2014 by S.I. 2014/1287, **art. 2(d)**

11(1)Section 198 (duties of responsible officer) is amended as follows.U.K.

(2)In subsection (1)—

(a)at the end of paragraph (a) insert “ and ”;

(b)omit paragraph (c) and the “and” before it.

(3)Omit subsection (2).

Commencement Information

I16Sch. 4 para. 11 in force at 1.6.2014 by S.I. 2014/1287, **art. 2(d)**

12(1)Section 219 (provision of copies of relevant orders) is amended as follows.U.K.

(2)For subsection (1) substitute—

“(1)The court by which any relevant order is made must forthwith provide copies of the order—                  

(a)to the offender,                  

(b)to the responsible officer,                  

(c)to an officer who is acting at the court and is an officer of a provider of probation services that is a public sector provider,                           and                  

(d)where the court specifies a local justice area in which the court making the order does not act, to a provider of probation                           services that is a public sector provider and is acting in that area.”                  

(3)After subsection (3) insert—

“(4)In subsection (1)(c) and (d), “public sector provider” means—                  

(a)a probation trust or other public body, or                  

(b)the Secretary of State;”.                  

Commencement Information

I17Sch. 4 para. 12 in force at 1.6.2014 by S.I. 2014/1287, **art. 2(d)**

13U.K.In section 330(5)(a) (orders), omit “section 197(3),”.

Commencement Information

I18Sch. 4 para. 13 in force at 1.6.2014 by S.I. 2014/1287, **art. 2(d)**

14(1)Schedule 8 (breach, revocation or amendment of community order) is amended as follows.U.K.

(2)In paragraph 25A(4)(b), for “the responsible officer” substitute “ any officer of a provider of probation services who the court thinks has an interest in the proceedings ”.

(3)In paragraph 27(1)(b), for sub-paragraph (i) substitute—

“(i)a provider of probation services that is a public sector provider operating in that area, and”.                  

(4)In paragraph 27, after sub-paragraph (3) insert—

“(4)In this paragraph “public sector provider” means—                  

(a)a probation trust or other public body, or                  

(b)the Secretary of State.”                  

Commencement Information

I19Sch. 4 para. 14 in force at 1.6.2014 by S.I. 2014/1287, **art. 2(d)**

15(1)In Schedule 12 (breach or amendment of suspended sentence order, and effect of further conviction), paragraph 22 is amended                        as follows.U.K.

(2)In sub-paragraph (1), for paragraph (b) substitute—

“(b)in the case of an amending order which substitutes a new local justice area, provide a copy of the amending order to—                  

(i)a provider of probation services that is a public sector provider operating in that area, and                  

(ii)the magistrates' court acting in that area, and”.                  

(3)After sub-paragraph (3) insert—

“(4)In this paragraph “public sector provider” means—                  

(a)a probation trust or other public body, or                  

(b)the Secretary of State.”                  

Commencement Information

I20Sch. 4 para. 15 in force at 1.6.2014 by S.I. 2014/1287, **art. 2(d)**

 Section 15

## SCHEDULE 5U.K.Rehabilitation activity requirement: consequential provision

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

 Section 19

## SCHEDULE 6U.K.Offenders sentenced by service courts

1U.K.The Armed Forces Act 2006 is amended as follows.

### Supervision and release of offenders sentenced to less than 2 yearsU.K.

2U.K.In section 213(1) (application of provisions relating to civilian detention and training orders to service detention and training                        orders), for “106A and 107” substitute “ 106A to 107 ”.

### Recall and further release of offendersU.K.

3U.K.In section 246(2C) (time in service 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 ”.

### Service community orders, overseas community orders and suspended sentence orders: officers responsible for implementingU.K.

4(1)Section 183 (overseas community orders: modifications of Criminal Justice Act 2003) is amended as follows.U.K.

(2)In subsection (1), omit “section 197(1) and (2) (meaning of “the responsible officer”);”.

(3)After subsection (1) insert—

“(1A)Section 198(1) (duties of responsible officer) has effect as if at the end there were inserted—                  

“(c)where appropriate, to take steps to enforce those requirements.””                  

(4)Omit subsections (2), (4) and (5).

Commencement Information

I21Sch. 6 para. 4 in force at 1.6.2014 by S.I. 2014/1287, **art. 2(e)**

5(1)Part 1 of Schedule 5 (breach, revocation and amendment of service community orders) is amended as follows.U.K.

(2)In paragraph 1(2) (provisions of Schedule 8 to Criminal Justice Act 2003 disapplied), after “6(2),” insert “ 6A(2), ”.

(3)Omit paragraph 2.

(4)After that paragraph insert—

“2AParagraph 6A(1) of that Schedule (role of enforcement officer) has effect in relation to a service community order under this                           Act as if the reference to a justice of the peace were to the Crown Court.”

Commencement Information

I22Sch. 6 para. 5 in force at 1.6.2014 by S.I. 2014/1287, **art. 2(e)**

6(1)Part 2 of Schedule 5 (breach, revocation and amendment of overseas community orders) is amended as follows.U.K.

(2)In paragraph 10(2)(b) (provisions of Schedule 8 to Criminal Justice Act 2003 disapplied)—

(a)after “paragraphs” insert “ 1A, ”, and

(b)after “6(2),” insert “ 6A, ”.

(3)For paragraph 12 (breach of requirement of order: warning and laying of information) substitute—

“12AParagraph 5(1) of that Schedule (duty to give warning) has effect as if for paragraph (b) there were substituted—

“(b)the officer applies to the court that made the order for the exercise of its powers in relation to the failure.”                  

12BParagraph 6(1) of that Schedule (breach of order after warning) has effect as if for the words from “must refer” to the end                           there were substituted “ must apply to the court that made the order for the exercise of its powers in relation to the failure in question ”.”

Commencement Information

I23Sch. 6 para. 6 in force at 1.6.2014 by S.I. 2014/1287, **art. 2(e)**

7(1)Schedule 7 (suspended prison sentence: further conviction or breach of requirement) is amended as follows.U.K.

(2)In paragraph 1(a) (provisions of Schedule 12 to Criminal Justice Act 2003 disapplied), after “5(2),” insert “ 5A(2), ”.

(3)Omit paragraph 4.

(4)After that paragraph insert—

“4AParagraph 5A(1) of Schedule 12 to the 2003 Act (role of enforcement officer) has effect in relation to a suspended sentence                           order with community requirements made by a relevant service court as if the reference to a justice of the peace were to the                           Crown Court.”

Commencement Information

I24Sch. 6 para. 7 in force at 1.6.2014 by S.I. 2014/1287, **art. 2(e)**

### Service community orders, overseas community orders and suspended sentence orders: duty to obtain permission before changing                        residenceU.K.

8U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

 Section 21

## SCHEDULE 7U.K.Cases to which this Act applies

### Commencement dayU.K.

1U.K.In this Schedule, “the commencement day”, in relation to an amendment made by a provision of this Act, means the day on which that provision comes into force.

### Release and supervision of offenders sentenced to less than 2 yearsU.K.

2U.K.The amendments made by sections 1 to 3, 4(2), 5 and 6, Part 1 of Schedule 1, Schedules 2 and 3 and paragraph 2 of Schedule                        6 apply in relation to—

(a)any person who falls to be released under Chapter 6 of Part 12 of the Criminal Justice Act 2003 on or after the commencement                        day, and

(b)any person who falls to be released under a detention and training order (including an order under section 211 of the Armed                        Forces Act 2006) on or after the commencement day.

3U.K.The amendments made by section 4(3) to (8) and Part 2 of Schedule 1 apply where a person was released before the commencement                        day (as well as where a person is released on or after that day).

### Extended sentencesU.K.

4U.K.The amendments made by section 8 do not apply in relation to an offence committed before the commencement day.

### Recall and further release of prisonersU.K.

5U.K.The amendments made by section 9 and paragraph 3 of Schedule 6 apply only where an offender is recalled on or after the commencement                        day.

### Drugs and offenders released during custodial sentenceU.K.

6U.K.The amendments made by sections 11, 12 and 13 apply where a person was released before the commencement day (as well as where                        a person is released on or after that day).

### Community orders and suspended sentencesU.K.

7U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

### Interpretation: offences committed over a periodU.K.

8U.K.Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or                        more days, it must be taken for the purposes of this Schedule to have been committed on the last of those days.