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Section 256C: Breach of supervision requirements imposed under section 256B

Criminal Justice Act 2003 · 2003 c. 44View on legislation.gov.uk

Part 12: Sentencing — Chapter 6: Release, licences, supervision and recall

Where an offender is under supervision under section 256B and it appears on information to a justice of the peace that the offender has failed to comply with requirements under section 256B(6), the justice may—

issue a summons requiring the offender to appear at the place and time specified in the summons, or
if the information is in writing and on oath, issue a warrant for the offender's arrest.

Any summons or warrant issued under this section must direct the offender to appear or be brought—

before a court acting for the local justice area in which the offender resides, or
if it is not known where the offender resides, before a court acting for same local justice area as the justice who issued the summons or warrant.

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

If it is proved to the satisfaction of the court that the offender has failed to comply with requirements under section 256B(6), the court may—

order the offender to be detained, in prison or such youth detention accommodation as the Secretary of State may determine, for such period, not exceeding 30 days, as the court may specify, or
order the offender to pay a fine not exceeding level 3 on the standard scale.

An offender detained in pursuance of an order under subsection (4)(a) is to be regarded as being in legal custody.

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.

An offender may appeal to the Crown Court against any order made under subsection (4)(a) or (b).

In this section "court" means—

if the offender has attained the age of 18 years at the date of release, a magistrates' court other than a youth court;
if the offender is under the age of 18 years at the date of release, a youth court.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.