# 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.

In section 243A of the Criminal Justice Act 2003 (duty to release prisoners serving less than 12 months unconditionally once                     one-half of sentence served), for subsection (1) substitute—                  

“(1)This section applies to a fixed-term prisoner if—                  

(a)the prisoner is serving a sentence which is for a term of 1 day, or                  

(b)the prisoner—                  

(i)is serving a sentence which is for a term of less than 12 months, and                  

(ii)is aged under 18 on the last day of the requisite custodial period.                  

(1A)This section also applies to a fixed-term prisoner if—                  

(a)the prisoner is serving a sentence which is for a term of less than 12 months, and                  

(b)the sentence was imposed in respect of an offence committed before the day on which section 1 of the Offender Rehabilitation                           Act 2014 came into force.”                  

Commencement Information

I1S. 1 in force at 1.2.2015 by S.I. 2015/40, **art. 2(a)**

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

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

(2)After section 256A insert—                  

#### “Supervision of offendersU.K.

##### 256AASupervision after end of sentence of prisoners serving less than 2 years

(1)This section applies where a person (“the offender”) has served a fixed-term sentence which was for a term of more than 1                           day but less than 2 years, except where—                  

(a)the offender was aged under 18 on the last day of the requisite custodial period (as defined in section 243A(3)),                  

(b)the sentence was an extended sentence imposed under section 226A or 226B, or                  

(c)the sentence was imposed in respect of an offence committed before the day on which section 2(2) of the Offender Rehabilitation                           Act 2014 came into force.                  

(2)The offender must comply with the supervision requirements during the supervision period, except at any time when the offender                           is—                  

(a)in legal custody,                  

(b)subject to a licence under this Chapter or Chapter 2 of Part 2 of the 1997 Act, or                  

(c)subject to DTO supervision.                  

(3)The supervision requirements are the requirements for the time being specified in a notice given to the offender by the Secretary                           of State (but see the restrictions in section 256AB).                  

(4)“The supervision period” is the period which—                  

(a)begins on the expiry of the sentence, and                  

(b)ends on the expiry of the period of 12 months beginning immediately after the offender has served the requisite custodial                           period (as defined in section 244(3)).                  

(5)The purpose of the supervision period is the rehabilitation of the offender.                  

(6)The Secretary of State must have regard to that purpose when specifying requirements under this section.                  

(7)The supervisor must have regard to that purpose when carrying out functions in relation to the requirements.                  

(8)In this Chapter, “the supervisor”, in relation to a person subject to supervision requirements under this section, means a person who is for the time being                           responsible for discharging the functions conferred by this Chapter on the supervisor in accordance with arrangements made                           by the Secretary of State.                  

(9)In relation to a person subject to supervision requirements under this section following a sentence of detention under section                           91 of the Sentencing Act, the supervisor must be—                  

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

(b)a member of the youth offending team established by the local authority in whose area the offender resides for the time being.                  

(10)In relation to any other person, the supervisor must be an officer of a provider of probation services.                  

(11)In this section “DTO supervision” means supervision under—                  

(a)a detention and training order (including an order under section 211 of the Armed Forces Act 2006), or                  

(b)an order under section 104(3)(aa) of the Powers of Criminal Courts (Sentencing) Act 2002 (breach of supervision requirements                           of detention and training order).                  

(12)This section has effect subject to section 264(3C)(b) and (3D).”                  

(3)In section 237(1) (meaning of “fixed-term prisoner”), at the end insert—                  

“and “fixed-term sentence” means a sentence falling within paragraph (a) or (b).”                  

(4)In Schedule 1 to this Act—                  

(a)Part 1 inserts section 256AB of the Criminal Justice Act 2003 which makes general provision about supervision requirements,                        and                  

(b)Part 2 inserts sections 256D and 256E of that Act which make provision about drug testing requirements and drug appointment                        requirements.                  

Commencement Information

I2S. 2 in force at 1.2.2015 by S.I. 2015/40, **art. 2(b)**

### 3Breach of supervision requirementsU.K.

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

#### “256ACBreach of supervision requirements imposed under section 256AA

(1)Where it appears on information to a justice of the peace that a person has failed to comply with a supervision requirement                           imposed under section 256AA, the justice may—                  

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

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

(2)Any summons or warrant issued under this section must direct the person to appear or be brought—                  

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

(b)if it is not known where the person resides, before a magistrates' court acting for the same local justice area as the justice                           who issued the summons or warrant.                  

(3)Where the person does not appear in answer to a summons issued under subsection (1)(a), the court may issue a warrant for                           the person's arrest.                  

(4)If it is proved to the satisfaction of the court that the person has failed without reasonable excuse to comply with a supervision                           requirement imposed under section 256AA, the court may—                  

(a)order the person to be committed to prison for a period not exceeding 14 days (subject to subsection (7)),                  

(b)order the person to pay a fine not exceeding level 3 on the standard scale, or                  

(c)make an order (a “supervision default order”) imposing on the person—                  

(i)an unpaid work requirement (as defined by section 199), or                  

(ii)a curfew requirement (as defined by section 204).                  

(5)Section 177(3) (obligation to impose electronic monitoring requirement) applies in relation to a supervision default order                           that imposes a curfew requirement as it applies in relation to a community order that imposes such a requirement.                  

(6)If the court deals with the person under subsection (4), it must revoke any supervision default order which is in force at                           that time in respect of that person.                  

(7)Where the person is under the age of 21—                  

(a)an order under subsection (4)(a) in respect of the person must be for committal to a young offender institution instead of                           to prison, but                  

(b)the Secretary of State may from time to time direct that a person committed to a young offender institution by such an order                           is to be detained in a prison or remand centre instead.                  

(8)A person committed to prison or a young offender institution by an order under subsection (4)(a) is to be regarded as being                           in legal custody.                  

(9)A fine imposed under subsection (4)(b) is to be treated, for the purposes of any enactment, as being a sum adjudged to be                           paid by a conviction.                  

(10)In Schedule 19A (supervision default orders)—                  

(a)Part 1 makes provision about requirements of supervision default orders, and                  

(b)Part 2 makes provision about the breach, revocation and amendment of supervision default orders.                  

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

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

Commencement Information

I3S. 3 in force at 1.2.2015 by S.I. 2015/40, **art. 2(c)**

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

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

(2)For subsection (1) substitute—                  

“(1)This section applies where a person (“the offender”) is released under this Chapter if—                  

(a)the person is, at the time of the release, serving a sentence of detention under section 91 of the Sentencing Act which is                           for a term of less than 12 months, and                  

(b)the person is aged under 18 on the last day of the requisite custodial period (as defined in section 243A(3)).                  

(1A)This section also applies where a person (“the offender”) is released under this Chapter if—                  

(a)the person is, at the time of the release, serving a sentence of detention under section 91 or 96 of the Sentencing Act which                           is for a term of less than 12 months, and                  

(b)the sentence was imposed in respect of an offence committed before the day on which section 1 of the Offender Rehabilitation                           Act 2014 came into force.”                  

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

(4)In subsection (7)—                  

(a)for paragraph (c) substitute—                  

“(c)where the offender is aged 18 or over—                  

(i)drug testing requirements (see section 256D);                  

(ii)drug appointment requirements (see section 256E).”                  

(5)After that subsection insert—                  

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

(6)Omit subsection (8).                  

(7)For subsection (9) substitute—                  

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

(8)Omit subsection (10).                  

Commencement Information

I4S. 4 in force at 1.2.2015 by S.I. 2015/40, **art. 2(d)**

### 5Consecutive termsU.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 264 (consecutive terms), for subsections (3) and (3A) substitute—                  

“(3B)The offender's release under this Chapter is to be unconditional if—                  

(a)the aggregate length of the terms of imprisonment is less than 12 months, and                  

(b)section 243A so requires in respect of each of the sentences,                  

but in any other case is to be on licence.                  

(3C)If the offender is released on licence under this Chapter—                  

(a)the offender is to be on licence, on and after the release, until the offender would, but for the release, have served a term                           equal in length to the aggregate length of the terms of imprisonment (but see section 264B);                  

(b)the offender is to be subject to supervision requirements under section 256AA if (and only if)—                  

(i)section 256AA so requires in respect of one or more of the sentences, and                  

(ii)the aggregate length of the terms of imprisonment is less than 2 years.                  

(3D)If the offender is subject to supervision requirements under section 256AA, the supervision period for the purposes of that                           section begins on the expiry of the period during which the offender is on licence by virtue of subsection (3C)(a).                  

(3E)When the offender is released under this Chapter (whether unconditionally or on licence), the offender is to be subject to                           supervision requirements under section 256B if that section so requires in respect of one or more of the sentences.”                  

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

#### “264BConsecutive terms: supplementary

(1)This section applies in a case in which section 264 applies where—                  

(a)the offender is released on licence under this Chapter,                  

(b)the aggregate length of the terms of imprisonment mentioned in section 264(1)(a) is less than 12 months, and                  

(c)those terms include one or more terms of imprisonment (“short transitional terms”) which were imposed in respect of an offence                           committed before the day on which section 1 of the Offender Rehabilitation Act 2014 came into force, as well as one or more                           terms imposed in respect of an offence committed on or after that day.                  

(2)The offender is to be on licence until the offender would, but for the release, have served a term equal in length to the                           aggregate of—                  

(a)the custodial period in relation to each of the short transitional terms, and                  

(b)the full length of each of the other terms.                  

(3)In this section “custodial period” has the same meaning as in section 264.”                  

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

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

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

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

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

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

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

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

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

Commencement Information

I5S. 5 in force at 1.2.2015 by S.I. 2015/40, **art. 2(e)**

### 6Supervision of certain young offenders after detention and training orderU.K.

(1)Chapter 2 of Part 5 of the Powers of Criminal Courts (Sentencing) Act 2000 (custodial sentences: detention and custody of                        young offenders) is amended as follows.                  

(2)In section 101(13) (term of detention and training order where consecutive or concurrent orders imposed), after “105” insert                        “ and 106B ”.                  

(3)In section 103 (period of supervision of offender subject to detention and training order)—                  

(a)in subsection (2), at the beginning insert “ Subject to subsection (2A), ”, and                  

(b)after subsection (2) insert—                  

“(2A)An order under subsection (2) may not include provision about cases in which—                  

(a)the offender is aged 18 or over at the half-way point of the term of the detention and training order, and                  

(b)the order was imposed in respect of an offence committed on or after the day on which section 6(4) of the Offender Rehabilitation                           Act 2014 came into force.”                  

(4)After section 106A insert—                  

#### “106BFurther supervision after end of term of detention and training order

(1)This section applies where a detention and training order is made in respect of an offender if—                  

(a)the offender is aged 18 or over at the half-way point of the term of the order,                  

(b)the term of the order is less than 24 months, and                  

(c)the order was imposed in respect of an offence committed on or after the day on which section 6(4) of the Offender Rehabilitation                           Act 2014 came into force.                  

(2)The following provisions of the Criminal Justice Act 2003 (which relate to supervision after end of sentence) apply as they                           apply in cases described in section 256AA(1) of that Act—                  

(a)sections 256AA (2) to (11), 256AB and 256AC,                  

(b)sections 256D and 256E, and                  

(c)Schedule 19A,                  

but with the following modifications.                  

(3)“The supervision period”, in relation to the offender, is the period which—                  

(a)begins on the expiry of the term of the detention and training order, and                  

(b)ends on the expiry of the period of 12 months beginning immediately after the half-way point of the term of the order.                  

(4)“The supervisor”, in relation to the offender, must be—                  

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

(b)a member of the youth offending team established by the local authority in whose area the offender resides for the time being.                  

(5)The power under section 256AB(4) includes power to make provision about the supervision requirements that may be imposed under                           section 256AA as applied by this section and to amend this Act.                  

(6)Subsection (7) applies where the term of the detention and training order is determined by section 101(13) (consecutive and                           concurrent orders).                  

(7)The offender is subject to supervision under section 256AA (as applied by this section) if that section (as applied) so requires                           in respect of one or more of the consecutive or concurrent orders.”                  

Commencement Information

I6S. 6 in force at 1.2.2015 by S.I. 2015/40, **art. 2(f)**

### 7Minor and consequential provisionU.K.

(1)Schedule 3 contains minor and consequential provision.                  

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

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

(b)insert provision explaining the date.                  

Commencement Information

I7S. 7 in force at 1.2.2015 by S.I. 2015/40, **art. 2(g)**

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

### 8Extended sentences: length of extension periodU.K.

(1)Chapter 5 of Part 12 of the Criminal Justice Act 2003 (sentencing: dangerous offenders) is amended as follows.                  

(2)In section 226A (extended sentence for certain violent or sexual offences: persons 18 or over)—                  

(a)in subsection (7), for “subsections (8) and (9)” substitute “ subsections (7A) to (9) ”, and                  

(b)after that subsection insert—                  

“(7A)The extension period must be at least 1 year.”                  

(3)In section 226B (extended sentence for certain violent or sexual offences: persons under 18)—                  

(a)in subsection (5), for “subsections (6) and (7)” substitute “ subsections (5A) to (7) ”, and                  

(b)after that subsection insert—                  

“(5A)The extension period must be at least 1 year.”                  

Commencement Information

I8S. 8 in force at 1.2.2015 by S.I. 2015/40, **art. 2(h)**

### 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 ”.                  

Commencement Information

I9S. 9 in force at 1.2.2015 by S.I. 2015/40, **art. 2(i)**

### 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

I10S. 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 ”.                  

Commencement Information

I11S. 11 in force at 1.2.2015 by S.I. 2015/40, **art. 2(j)**

### 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 ”.                  

Commencement Information

I12S. 12 in force at 1.2.2015 by S.I. 2015/40, **art. 2(k)**

### 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.”                  

Commencement Information

I13S. 13 in force at 1.2.2015 by S.I. 2015/40, **art. 2(l)**

## 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

I14S. 14 in force at 1.6.2014 by S.I. 2014/1287, **art. 2(b)**

### 15Rehabilitation activity requirementU.K.

(1)The Criminal Justice Act 2003 is amended as follows.                  

(2)In sections 177(1) and 190(1) (requirements that may be imposed as part of a community order or suspended sentence order)                        after paragraph (a) insert—                  

“(aa)a rehabilitation activity requirement (as defined by section 200A),”.                  

(3)After section 200 insert—                  

#### “200ARehabilitation activity requirement

(1)In this Part “rehabilitation activity requirement”, in relation to a relevant order, means a requirement that, during the relevant period, the offender must comply with any                           instructions given by the responsible officer to attend appointments or participate in activities or both.                  

(2)A relevant order imposing a rehabilitation activity requirement must specify the maximum number of days for which the offender                           may be instructed to participate in activities.                  

(3)Any instructions given by the responsible officer must be given with a view to promoting the offender's rehabilitation; but                           this does not prevent the responsible officer giving instructions with a view to other purposes in addition to rehabilitation.                  

(4)The responsible officer may instruct the offender to attend appointments with the responsible officer or with someone else.                  

(5)The responsible officer, when instructing the offender to participate in activities, may require the offender to—                  

(a)participate in specified activities and, while doing so, comply with instructions given by the person in charge of the activities,                           or                  

(b)go to a specified place and, while there, comply with any instructions given by the person in charge of the place.                  

(6)The references in subsection (5)(a) and (b) to instructions given by a person include instructions given by anyone acting                           under the person's authority.                  

(7)The activities that responsible officers may instruct offenders to participate in include—                  

(a)activities forming an accredited programme (see section 202(2));                  

(b)activities whose purpose is reparative, such as restorative justice activities.                  

(8)For the purposes of subsection (7)(b) an activity is a restorative justice activity if —                  

(a)the participants consist of, or include, the offender and one or more of the victims,                  

(b)the aim of the activity is to maximise the offender's awareness of the impact of the offending concerned on the victims, and                  

(c)the activity gives a victim or victims an opportunity to talk about, or by other means express experience of, the offending                           and its impact.                  

(9)In subsection (8) “victim” means a victim of, or other person affected by, the offending concerned.                  

(10)Where compliance with an instruction would require the co-operation of a person other than the offender, the responsible officer                           may give the instruction only if that person agrees.                  

(11)In this section “the relevant period” means—                  

(a)in relation to a community order, the period for which the community order remains in force, and                  

(b)in relation to a suspended sentence order, the supervision period as defined by section 189(1A).”                  

(4)Sections 201 and 213 (activity requirements and supervision requirements) are repealed.                  

(5)Schedule 5 to this Act contains consequential provision.                  

Commencement Information

I15S. 15 in force at 1.2.2015 by S.I. 2015/40, **art. 2(m)**

### 16Programme requirementU.K.

(1)The Criminal Justice Act 2003 is amended as follows.                  

(2)In section 202 (programme requirement) omit subsection (7) (person may be required to participate in accredited programmes                        only at approved places).                  

(3)In Schedule 9 (transfer of community orders to Scotland or Northern Ireland)—                  

(a)in paragraph 2(3), omit paragraph (b);                  

(b)in paragraph 4(3), omit paragraph (b).                  

(4)In Schedule 13 (transfer of suspended sentence orders to Scotland or Northern Ireland)—                  

(a)in paragraph 4(3), omit paragraph (b);                  

(b)in paragraph 9(3), omit paragraph (b).                  

Commencement Information

I16S. 16 in force at 1.2.2015 by S.I. 2015/40, **art. 2(n)**

### 17Attendance centre requirementU.K.

(1)The Criminal Justice Act 2003 is amended as follows.                  

(2)Section 214 (attendance centre requirement) is amended as follows.                  

(3)In subsection (1)—                  

(a)omit “specified in the relevant order”, and                  

(b)for “so specified” substitute “ specified in the relevant order ”.                  

(4)In subsection (3), for “the attendance centre to be specified in it” substitute “ an attendance centre which is available for persons of the offender's description ”.                  

(5)After subsection (3) insert—                  

“(3A)The attendance centre at which the offender is required to attend is to be notified to the offender by the responsible officer                           from time to time.                  

(3B)When choosing an attendance centre, the responsible officer must consider—                  

(a)the accessibility of the attendance centre to the offender, having regard to the means of access available to the offender                           and any other circumstances, and                  

(b)the description of persons for whom it is available.”                  

(6)Section 218 (availability of arrangements in local area) is amended as follows.                  

(7)In subsection (4)(a), for “the relevant areas mentioned in subsections (5) to (7)” substitute “ the relevant area (see subsections (5) to (7)) ”.                  

(8)In subsection (6), for “the area in which the attendance centre proposed to be specified in the order is situated” substitute                        “ an area in which there is an attendance centre which is available for persons of the offender's description and which the                           court is satisfied is reasonably accessible to the offender ”.                  

(9)In Schedule 14 (persons to whom copies of requirements to be provided in particular cases), in the table, omit the entry relating                        to an attendance centre requirement.                  

Commencement Information

I17S. 17 in force at 1.2.2015 by S.I. 2015/40, **art. 2(o)**

### 18Duty to obtain permission before changing residenceU.K.

(1)The Criminal Justice Act 2003 is amended as follows.                  

(2)After section 220 insert—                  

#### “220ADuty to obtain permission before changing residence

(1)An offender in respect of whom a relevant order is in force must not change residence without permission given in accordance                           with this section by—                  

(a)the responsible officer, or                  

(b)a court.                  

(2)The appropriate court may, on an application by the offender, give permission in a case in which the responsible officer has                           refused.                  

(3)A court may also give permission in any proceedings before it under Schedule 8 or 12 (breach or amendment of orders etc).                  

(4)The grounds on which the responsible officer or court may refuse an application for permission are that, in the opinion of                           the officer or court, the change in residence—                  

(a)is likely to prevent the offender complying with a requirement imposed by the relevant order, or                  

(b)would hinder the offender's rehabilitation.                  

(5)The obligation imposed by subsection (1) is enforceable as if it were a requirement imposed by the relevant order.                  

(6)This section does not apply if the relevant order includes a residence requirement imposed under section 206.                  

(7)For cases in which a relevant order has to be amended because of permission given under this section, see paragraph 16 of                           Schedule 8 and paragraph 14 of Schedule 12 (amendment to reflect change in local justice area).                  

(8)In this section “the appropriate court” has the same meaning as in paragraph 16 of Schedule 8 or paragraph 14 of Schedule 12.”                  

(3)In section 220(1), omit paragraph (b) and the “and” before it (duty to notify responsible officer of change of address).                  

(4)In Schedule 8 (breach, revocation or amendment of community order), in paragraph 9, omit sub-paragraph (5A).                  

(5)For paragraph 16 of Schedule 8 substitute—                  

#### 

“16(1)This paragraph applies where at any time while a community order is in force in respect of an offender—                  

(a)the offender is given permission under section 220A to change residence, and                  

(b)the local justice area in which the new residence is situated (“the new local justice area”) is different from the local justice                           area specified in the order.                  

(2)If the permission is given by a court, the court must amend the order to specify the new local justice area.                  

(3)If the permission is given by the responsible officer—                  

(a)the officer must apply to the appropriate court to amend the order to specify the new local justice area, and                  

(b)the court must make that amendment.                  

(4)In this paragraph “the appropriate court” means—                  

(a)in relation to a community order imposing a drug rehabilitation requirement which is subject to review, the court responsible                           for the order,                  

(b)in relation to a 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 Crown Court, and                  

(c)in relation to any other community order, a magistrates' court acting in the local justice area specified in the order.                  

#### 

16A(1)This paragraph applies where at any time while a community order is in force in respect of an offender—                  

(a)a court amends the order,                  

(b)the order as amended includes a residence requirement requiring the offender to reside at a specified place, and                  

(c)the local justice area in which that place is situated (“the new local justice area”) is different from the local justice                           area specified in the order.                  

(2)The court must amend the order to specify the new local justice area.”                  

(6)In Schedule 8, in paragraph 24, omit “No order may be made under paragraph 16, and”.                  

(7)In Schedule 12 (breach, revocation or amendment of suspended sentence order, and effect of further conviction), in paragraph                        8, omit sub-paragraph (4A).                  

(8)For paragraph 14 of Schedule 12 substitute—                  

#### 

“14(1)This paragraph applies where at any time while a suspended sentence order is in force in respect of an offender—                  

(a)the offender is given permission under section 220A to change residence, and                  

(b)the local justice area in which the new residence is situated (“the new local justice area”) is different from the local justice                           area specified in the order.                  

(2)If the permission is given by a court, the court must amend the order to specify the new local justice area.                  

(3)If the permission is given by the responsible officer—                  

(a)the officer must apply to the appropriate court to amend the order to specify the new local justice area, and                  

(b)the court must make that amendment.                  

(4)In this paragraph “the appropriate court” has the same meaning as in paragraph 13.                  

#### 

14A(1)This paragraph applies where at any time while a suspended sentence order is in force in respect of an offender—                  

(a)a court amends the order,                  

(b)the order as amended includes a residence requirement requiring the offender to reside at a specified place, and                  

(c)the local justice area in which that place is situated (“the new local justice area”) is different from the local justice                           area specified in the order.                  

(2)The court must amend the order to specify the new local justice area.”                  

(9)In Schedule 12, in paragraph 19(1), omit “, and no order may be made under paragraph 14,”.                  

(10)In Schedule 31 (fine default orders), after paragraph 3A insert—                  
*“Change of residence*
3B(1)In its application to a default order, section 220(1) (duty of offender to keep in touch with responsible officer) is modified                           as follows.                  

(2)At the end of paragraph (a) there is inserted “and                   

(b)must notify the responsible officer of any change of address.”                  

3CSection 220A (duty to obtain permission before changing residence) does not apply in relation to a default order.”

(11)In Schedule 31, in paragraph 4, after sub-paragraph (4) insert—                  

“(4A)For paragraphs 16 and 16A there is substituted—                  

#### 

“16(1)This paragraph applies where, at any time while a default order is in force in respect of a person, the appropriate court                           is satisfied that the person proposes to change, or has changed, residence from the local justice area concerned to another                           local justice area (“the new local justice area”).                  

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

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

(12)In Schedule A1 to the Children Act 1989 (enforcement orders), in paragraph 3, after sub-paragraph (7) insert—                  

“(7A)In section 220(1) (duty of offender to keep in touch with responsible officer), at the end of paragraph (a) insert “and                   

(b)must notify the responsible officer of any change of address.”                  

(7B)Section 220A (duty to obtain permission before changing residence) is omitted.”                  

Commencement Information

I18S. 18(1)-(4)(6)(7)s. 18(9)-(12) in force at 1.2.2015 by S.I. 2015/40, **art. 2(p)**

I19S. 18(5)(8) in force at 1.2.2015 for specified purposes by S.I. 2015/40, **art. 2(p)**

## 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

I20S. 19 in force at 1.6.2014 for specified purposes by S.I. 2014/1287, **art. 2(c)**

I21S. 19 in force at 1.2.2015 in so far as not already in force by S.I. 2015/40, **art. 2(q)**

## 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

I22S. 21 partly in force; s. 21(2)-(4) in force at Royal Assent, see s. 22(1)(2)

I23S. 21(1) in force at 1.2.2015 by S.I. 2015/40, **art. 2(q)**

### 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.”                  

Commencement Information

I24Sch. 1 para. 1 in force at 1.2.2015 by S.I. 2015/40, **art. 2(r)**

### **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.”                  

Commencement Information

I25Sch. 1 para. 2 in force at 1.2.2015 by S.I. 2015/40, **art. 2(r)**

 Section 3

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

Commencement Information

I26Sch. 2 in force at 1.2.2015 by S.I. 2015/40, **art. 2(s)**

### 

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.

Commencement Information

I27Sch. 3 para. 1 in force at 1.2.2015 by S.I. 2015/40, **art. 2(t)**

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;”.                  

Commencement Information

I28Sch. 3 para. 2 in force at 1.2.2015 by S.I. 2015/40, **art. 2(t)**

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.””                  

Commencement Information

I29Sch. 3 para. 3 in force at 1.2.2015 by S.I. 2015/40, **art. 2(t)**

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.”                         

Commencement Information

I30Sch. 3 para. 4 in force at 1.2.2015 by S.I. 2015/40, **art. 2(t)**

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 ”.”                  

Commencement Information

I31Sch. 3 para. 5 in force at 1.2.2015 by S.I. 2015/40, **art. 2(t)**

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.”                  

Commencement Information

I32Sch. 3 para. 6 in force at 1.2.2015 by S.I. 2015/40, **art. 2(t)**

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).”                  

Commencement Information

I33Sch. 3 para. 7 in force at 1.2.2015 by S.I. 2015/40, **art. 2(t)**

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).”                  

Commencement Information

I34Sch. 3 para. 8 in force at 1.2.2015 by S.I. 2015/40, **art. 2(t)**

###  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;”.                  

Commencement Information

I35Sch. 3 para. 9 in force at 1.2.2015 by S.I. 2015/40, **art. 2(t)**

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

10U.K.The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.

Commencement Information

I36Sch. 3 para. 10 in force at 1.2.2015 by S.I. 2015/40, **art. 2(t)**

11(1)Section 103 (period of supervision for detention and training order) is amended as follows.U.K.

(2)In subsection (3), omit paragraph (b) (but not the “or” at the end).

(3)In subsection (5)—

(a)omit paragraph (a) (and the “or” at the end), and

(b)in the words following paragraph (b), omit the words “social worker or” and “a social worker of, or”.

Commencement Information

I37Sch. 3 para. 11 in force at 1.2.2015 by S.I. 2015/40, **art. 2(t)**

12U.K.In section 107 (detention and training orders: interpretation)—

(a)in subsection (2), after “105” insert “ and 106B ”, and

(b)after that subsection insert—

“(3)For the purposes of sections 103(2A) and 106B(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.”                  

Commencement Information

I38Sch. 3 para. 12 in force at 1.2.2015 by S.I. 2015/40, **art. 2(t)**

###  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 ”.

Commencement Information

I39Sch. 3 para. 13 in force at 1.2.2015 by S.I. 2015/40, **art. 2(t)**

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

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

Commencement Information

I40Sch. 3 para. 14 in force at 1.2.2015 by S.I. 2015/40, **art. 2(t)**

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

Commencement Information

I41Sch. 3 para. 15 in force at 1.2.2015 by S.I. 2015/40, **art. 2(t)**

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

Commencement Information

I42Sch. 3 para. 16 in force at 1.2.2015 by S.I. 2015/40, **art. 2(t)**

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 ”.

Commencement Information

I43Sch. 3 para. 17 in force at 1.2.2015 by S.I. 2015/40, **art. 2(t)**

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 ”.

Commencement Information

I44Sch. 3 para. 18 in force at 1.2.2015 by S.I. 2015/40, **art. 2(t)**

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

Commencement Information

I45Sch. 3 para. 19 in force at 1.2.2015 by S.I. 2015/40, **art. 2(t)**

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

Commencement Information

I46Sch. 3 para. 20 in force at 1.2.2015 by S.I. 2015/40, **art. 2(t)**

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

Commencement Information

I47Sch. 3 para. 21 in force at 1.2.2015 by S.I. 2015/40, **art. 2(t)**

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

Commencement Information

I48Sch. 3 para. 22 in force at 1.2.2015 by S.I. 2015/40, **art. 2(t)**

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.”                  

Commencement Information

I49Sch. 3 para. 23 in force at 1.2.2015 by S.I. 2015/40, **art. 2(t)**

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,”.                  

Commencement Information

I50Sch. 3 para. 24 in force at 1.2.2015 by S.I. 2015/40, **art. 2(t)**

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, ”.

Commencement Information

I51Sch. 3 para. 25 in force at 1.2.2015 by S.I. 2015/40, **art. 2(t)**

 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

I52Sch. 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

I53Sch. 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

I54Sch. 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

I55Sch. 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

I56Sch. 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

I57Sch. 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

I58Sch. 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

I59Sch. 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

I60Sch. 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

I61Sch. 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

I62Sch. 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

I63Sch. 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

I64Sch. 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

I65Sch. 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

I66Sch. 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

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

Commencement Information

I67Sch. 5 para. 1 in force at 1.2.2015 by S.I. 2015/40, **art. 2(v)**

2(1)Section 177 (community orders) is amended as follows.U.K.

(2)In subsection (1), omit paragraphs (b) and (k).

(3)In subsection (2), omit paragraph (b).

(4)In subsection (4)—

(a)after “unpaid work requirement,” insert “ a rehabilitation activity requirement, ”;

(b)omit “an activity requirement,” and “, a supervision requirement”.

Commencement Information

I68Sch. 5 para. 2 in force at 1.2.2015 by S.I. 2015/40, **art. 2(v)**

3(1)Section 190 (imposition of requirements by suspended sentence order) is amended as follows.U.K.

(2)In subsection (1), omit paragraphs (b) and (k).

(3)In subsection (2), omit paragraph (b).

(4)In subsection (4)—

(a)after “unpaid work requirement,” insert “ a rehabilitation activity requirement, ”;

(b)omit “an activity requirement,” and “, a supervision requirement”.

Commencement Information

I69Sch. 5 para. 3 in force at 1.2.2015 by S.I. 2015/40, **art. 2(v)**

4U.K.In section 218 (availability of arrangements in local area), omit subsection (2).

Commencement Information

I70Sch. 5 para. 4 in force at 1.2.2015 by S.I. 2015/40, **art. 2(v)**

5U.K.In section 222(1) (rules)—

(a)in paragraph (d), omit “and community rehabilitation centres”.

(b)in paragraph (e), for “activity requirements” substitute “ rehabilitation activity requirements ”.

Commencement Information

I71Sch. 5 para. 5 in force at 1.2.2015 by S.I. 2015/40, **art. 2(v)**

6(1)Section 305(1) (interpretation of Part 12) is amended as follows.U.K.

(2)At the appropriate place insert—

““rehabilitation activity requirement”, in relation to a community order or suspended sentence order, has the meaning given by section 200A;”.                  

(3)Omit the definitions of— “ activity requirement ”; “ supervision requirement ”.

Commencement Information

I72Sch. 5 para. 6 in force at 1.2.2015 by S.I. 2015/40, **art. 2(v)**

7(1)Schedule 9 (transfer of community orders to Scotland or Northern Ireland) is amended as follows.U.K.

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

“(b)a rehabilitation activity requirement,”.                  

(3)In paragraph 2(3), omit paragraph (a).

(4)In paragraph 3(2), for paragraph (b) substitute—

“(b)a rehabilitation activity requirement,”.                  

(5)In paragraph 4(3), omit paragraph (a).

Commencement Information

I73Sch. 5 para. 7 in force at 1.2.2015 by S.I. 2015/40, **art. 2(v)**

8(1)Schedule 13 (transfer of suspended sentence orders to Scotland or Northern Ireland) is amended as follows.U.K.

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

“(b)a rehabilitation activity requirement,”.                  

(3)In paragraph 4(3), omit paragraph (a).

(4)In paragraph 6(2), for paragraph (b) substitute—

“(b)a rehabilitation activity requirement,”.                  

(5)In paragraph 9(3), omit paragraph (a).

Commencement Information

I74Sch. 5 para. 8 in force at 1.2.2015 by S.I. 2015/40, **art. 2(v)**

9U.K.In Schedule 14 (persons to whom copies of requirements to be provided in particular cases), in the table, omit the entry relating                        to activity requirements.

Commencement Information

I75Sch. 5 para. 9 in force at 1.2.2015 by S.I. 2015/40, **art. 2(v)**

 Section 19

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

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

Commencement Information

I76Sch. 6 para. 1 in force at 1.2.2015 by S.I. 2015/40, **art. 2(w)**

### 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 ”.

Commencement Information

I77Sch. 6 para. 2 in force at 1.2.2015 by S.I. 2015/40, **art. 2(w)**

### 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 ”.

Commencement Information

I78Sch. 6 para. 3 in force at 1.2.2015 by S.I. 2015/40, **art. 2(w)**

### 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

I79Sch. 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

I80Sch. 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

I81Sch. 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

I82Sch. 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.In section 183 (overseas community orders: modifications of Criminal Justice Act 2003)—

(a)in subsection (1), at the appropriate place insert— “ section 220A(8) (duty to obtain permission before changing residence: definition of “the appropriate court”); ”, and

(b)after subsection (3) insert—

“(3A)In section 220A of the 2003 Act (duty to obtain permission before changing residence), as it applies to an overseas community                           order, “the appropriate court” means the court that made the order.”                  

Commencement Information

I83Sch. 6 para. 8 in force at 1.2.2015 by S.I. 2015/40, **art. 2(w)**

9U.K.In section 205 (amendment of suspended sentence order with community requirements), in subsection (1)(c), for “14(5)” substitute                        “ 14(4) ”.

Commencement Information

I84Sch. 6 para. 9 in force at 1.2.2015 by S.I. 2015/40, **art. 2(w)**

10U.K.In Part 1 of Schedule 5 (breach, revocation and amendment of service community orders), in paragraph 1(2), for “16(5)” substitute                        “ 16(4) ”.

Commencement Information

I85Sch. 6 para. 10 in force at 1.2.2015 by S.I. 2015/40, **art. 2(w)**

11U.K.In Part 2 of Schedule 5 (breach, revocation and amendment of overseas community orders), in paragraph 10(2)(b), for the words                        from “10(6)” to “18(4)” substitute “ 10(6), 13, 16, 16A, 17(6), 18(4) ”.

Commencement Information

I86Sch. 6 para. 11 in force at 1.2.2015 by S.I. 2015/40, **art. 2(w)**

 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.

Commencement Information

I87Sch. 7 para. 1 in force at 1.2.2015 by S.I. 2015/40, **art. 2(x)**

### 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.

Commencement Information

I88Sch. 7 para. 2 in force at 1.2.2015 by S.I. 2015/40, **art. 2(x)**

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).

Commencement Information

I89Sch. 7 para. 3 in force at 1.2.2015 by S.I. 2015/40, **art. 2(x)**

### Extended sentencesU.K.

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

Commencement Information

I90Sch. 7 para. 4 in force at 1.2.2015 by S.I. 2015/40, **art. 2(x)**

### 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.

Commencement Information

I91Sch. 7 para. 5 in force at 1.2.2015 by S.I. 2015/40, **art. 2(x)**

### 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).

Commencement Information

I92Sch. 7 para. 6 in force at 1.2.2015 by S.I. 2015/40, **art. 2(x)**

### Community orders and suspended sentencesU.K.

7U.K.The amendments made by sections 15, 17 and 18, Schedule 5 and paragraphs 8 to 11 of Schedule 6 do not apply in relation to                        an order made in respect of an offence committed before the commencement day.

Commencement Information

I93Sch. 7 para. 7 in force at 1.2.2015 by S.I. 2015/40, **art. 2(x)**

### 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.

Commencement Information

I94Sch. 7 para. 8 in force at 1.2.2015 by S.I. 2015/40, **art. 2(x)**