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Offence of serious breach of mandatory aftercare condition

Prisons Act 1933

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—(1) A person who commits a serious breach of a mandatory aftercare condition of his or her remission order shall be guilty of an offence and shall be liable on conviction to —(a)imprisonment for a term not exceeding the remaining duration of the remission order, as determined based on the date of the offence; or(b)imprisonment for any term or for life, if the duration of the remission order is for life.(2) In deciding the punishment to be imposed for an offence under subsection (1), the court is to consider —(a)the gravity of the serious breach;(b)the length of time for which the person did not commit any breach of a mandatory aftercare condition after being released under the remission order;(c)whether the serious breach evidences a lack of commitment by the person to his or her rehabilitation and reintegration into society; and(d)all other relevant circumstances.(3) If a person commits 2 or more offences under subsection (1) —(a)the court may sentence the person under subsection (1) for each of those offences; and(b)the aggregate length of all the sentences imposed under subsection (1) must not exceed the remaining duration of the remission order, as determined based on the date of commission of the first offence.(4) For the purpose of this section, any extension of the duration of a remission order after the date of commission of an offence under this section is to be disregarded in determining the remaining duration of a person’s remission order based on the date of commission of the offence.(5) Despite any provision in any written law, a term of imprisonment imposed under this section on any person runs consecutively to all other terms of imprisonment imposed on the person.Illustration A prisoner is released under a remission order having effect from 1 June 2013 to 31 December 2013. The remission order is subject to mandatory aftercare conditions for its whole duration. On 15 July 2013 the remission order is extended for 7 days (i.e. to 7 January 2014) under section 50N(1). On 1 August 2013 the prisoner commits a first offence under section 50Y(1). On 30 September 2013, the remission order is extended for a further 10 days (i.e. to 17 January 2014) under section 50N(1). On 21 October 2013 the prisoner commits a second offence under section 50Y(1). The prisoner’s sentence for the first offence cannot exceed the length of the period from 1 August 2013 to 7 January 2014. The prisoner’s sentence for the second offence cannot exceed the length of the period from 21 October 2013 to 17 January 2014. The total sentence for both offences cannot exceed the length of the period from 1 August 2013 to 7 January 2014.

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