Supervision of offenders post sentence

The following Corporate Crime practice note provides comprehensive and up to date legal information covering:

  • Supervision of offenders post sentence
  • Release of offenders sentenced to less than 12 months in custody
  • Post sentence supervision
  • Supervision requirements
  • Breach of a supervision requirement

Supervision of offenders post sentence

The Offenders Rehabilitation Act 2014 (ORA 2014) introduces changes to the release arrangements for adult offenders serving custodial sentences of less than 12 months and for those serving sentences of between 12 months and two years.

Release of offenders sentenced to less than 12 months in custody

Section 243A of the Criminal Justice Act 2003 (CJA 2003) provides which prisoners serving fixed term sentences of less than 12 months can be released unconditionally halfway through their sentence. The only offenders who can be released unconditionally at the halfway point of their sentence will be:

  1. offenders serving a custodial sentence of one day

  2. offenders serving a custodial sentence of more than one day but less than 12 months who are under 18 years old at the halfway point in their sentence, and

  3. offenders serving a sentence of less than 12 months imposed for an offence committed before 1 February 2015

Therefore, offenders serving sentences of more than 1 day but less than 12 months will be subject to release on licence when they reach the halfway point of their sentence. So an offender sentenced to six months imprisonment would be released from custody after three months and spend the following three months on licence in the community.

Post sentence supervision

Post sentence supervision must take place for all fixed term custodial sentences of more than one

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