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Breach of Post-Sentence Supervision

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What is post-sentence supervision?

Post-sentence supervision is a requirement which is applied to all offenders who receive a sentence of less than 2 years imprisonment. It was designed to provide a second supervision period to assist in rehabilitation of the offender following on from the offender completing their licence period. The length of the post-sentence supervision will depend upon the length of the licence.

How can I breach post-sentence supervision?

There are 8 default supervision requirements applied to post-sentence supervision as follows:

  1. To be of good behaviour and not behave in a way which undermines the purpose of the post-sentence supervision period.
  2. Not to commit any offence.
  3. To keep in touch with the supervising officer in accordance with instructions given by the supervising officer.
  4. To receive visits from the supervising officer in accordance with instructions given by the supervising officer.
  5. To reside permanently at an address approved by the supervising officer and obtain the prior permission of the supervising officer for any stay of one or more nights at a different address.
  6. Not to undertake work, or a particular type of work, unless it is approved by the supervising officer and notify the supervising officer in advance of any proposal to undertake work or a particular type of work.
  7. Not to travel outside the UK, the Channel Islands or the Isle of Man except with the prior permission of your supervising officer or for the purposes of immigration deportation or removal
  8. To participate in activities in accordance with any instructions given by the supervising officer. (This activity can be accredited programmes; one to one work with a supervising officer; mentoring by a former offender; or, other relevant activities as offered by probation.)

There are also two potential additional requirements as follows:

  1. To partake in drugs testing.
  2. To attend drug rehabilitation appointments.

Failure to adhere to any of the default requirements or the potential additional requirements will result in a breach of the post-sentence supervision requirements. Breach proceedings will then be commenced at court.

What sentence can I get for breach of post-sentence supervision?

As of 1st October 2018 the sentence to be imposed by the Magistrates’ Court for breach of a post-sentence supervision requirement has changed. The Court may now hand down an additional custodial period of up to 7 days (previously 14 days). Alternatively the court can require the offender to: undertake unpaid work; wear an electronic monitoring device (tag); or, pay a fine.

In determining the level of sentence to be imposed for the breach the court will consider:

  • the offender’s overall attitude and engagement with the order as well as the proportion of elements completed;
  • the impact of any completed or partially completed requirements on the offender’s behaviour;
  • the proximity of the breach to the imposition of the order; and,
  • evidence of circumstances or offender characteristics, such as disability, mental health issues or leading difficulties which have impeded the offender’s compliance with the order.

How can we help?

At Emery Johnson Astills we have a wealth of experience in dealing with breach matters in the criminal justice system and are alert to the potential changes in legislation and sentencing guidelines. For further information and advice in relation to post-sentence supervision and breach proceedings please contact the criminal defence team in Leicester on 0116 2554855, or in Loughborough on 01509 610312.