# 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.

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

## 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.

### 14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### 15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

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

### 17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

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

## Offenders sentenced by service courtsU.K.

### 19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

## 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

I1S. 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

### **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

#### 256EDrug appointment requirements

 Section 3

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

### 

 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

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 Section 15

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

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 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).

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.”

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 ”.”

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.”

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

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

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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.