Section 32ZA Offence of remaining unlawfully at large after recallF1

England and Wales

(1)

A person recalled to prison under section 32 commits an offence if the person—

(a)

has been notified of the recall orally or in writing, and

(b)

while unlawfully at large fails, without reasonable excuse, to take all necessary steps to return to prison as soon as possible.

(2)

A person is to be treated for the purposes of subsection (1)(a) as having been notified of the recall if—

(a)

written notice of the recall has been delivered to an appropriate address, and

(b)

a period specified in the notice has elapsed.

(3)

In subsection (2) “an appropriate address” means—

(a)

an address at which, under the person's licence, the person is permitted to reside or stay, or

(b)

an address nominated, in accordance with the person's licence, for the purposes of this section.

(4)

A person is also to be treated for the purposes of subsection (1)(a) as having been notified of the recall if—

(a)

the person's licence requires the person to keep in touch in accordance with any instructions given by an officer of a provider of probation services,

(b)

the person has failed to comply with such an instruction, and

(c)

the person has not complied with such an instruction for at least 6 months.

(5)

A person who is guilty of an offence under this section is liable—

(a)

on conviction on indictment to imprisonment for a term not exceeding 2 years or a fine (or both);

(b)

on summary conviction to imprisonment for a term not exceeding F2the general limit in a magistrates’ court or a fine (or both).

(6)

In relation to an offence committed before F32 May 2022, the reference in subsection (5)(b) to F4the general limit in a magistrates’ court is to be read as a reference to 6 months.

(7)

In relation to an offence committed before section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force, the reference in subsection (5)(b) to a fine is to be read as a reference to a fine not exceeding the statutory maximum.

Annotations

Textual amendments

F1: S. 32ZA inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 12(1), 95(1) (with s. 12(3)); S.I. 2015/778, art. 3, Sch. 1 para. 8
F2: Words in s. 32ZA(5)(b) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1 table
F3: Words in s. 32ZA(6) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1
F4: Words in s. 32ZA(6) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1 table

Notes on Part II

Modifications

C1: Pt. II applied in part (with modifications) (1.10.1997) by S.I. 1997/1776, art. 2, Sch. 1 paras. 2-4; S.I. 1997/2200, art. 2(1)

Notes on Chapter II

Modifications

C1: Pt. II Ch. II excluded (1.9.2001) by 2001 c. 17, s. 42, Sch. 7 para. 3(1) (with s. 78); S.I. 2001/2161, art. 2