Breach of post sentence supervision
Post-Sentence Supervision (PSS) is an essential part of the criminal justice system aimed at helping offenders reintegrate into society while under supervision after release from prison. Introduced as part of the Offender Rehabilitation Act 2014, PSS applies to offenders who have served short custodial sentences (less than two years).
During this supervision period, offenders are required to comply with specific conditions set out by their supervising officer. Breach of post-sentence supervision can result in serious consequences, including further penalties or even return to custody.
At Allen Hoole Solicitors, we are one of the largest criminal defence firms in the South West of England, with a team of highly experienced solicitor advocates. Our expertise in representing clients facing breach of post-sentence supervision cases ensures that we provide comprehensive, effective legal advice and defence.
Legal Framework of Post-Sentence Supervision
Post-Sentence Supervision applies to individuals who have been released from prison after serving custodial sentences of less than two years. Upon release, offenders must comply with specific conditions imposed by their probation or supervising officer. The purpose of PSS is to provide continued support, help with rehabilitation, and ensure offenders do not reoffend during their reintegration into society.
PSS conditions can include requirements such as:
- Regular meetings with a probation officer,
- Participation in rehabilitation programmes (such as anger management, drug or alcohol rehabilitation),
- Compliance with curfews or restrictions on movement,
- Attendance at educational or training programmes,
- Drug or alcohol testing.
The duration of PSS is usually 12 months, and the conditions are designed to reduce the risk of reoffending while addressing the specific needs of the individual.
Consequences of Breaching Post-Sentence Supervision
If an individual breaches the conditions of their post-sentence supervision, the supervising officer can issue a formal warning or escalate the breach to the court. Breaching PSS can lead to the following consequences:
- Return to court for a breach hearing,
- Imposition of a fine or community penalty,
- Recall to custody for up to 14 days, or longer depending on the breach.
If the breach is serious or repeated, the court may decide to send the offender back to prison for a short period or impose additional penalties to address the breach.
Available Defences for Breaching Post-Sentence Supervision
At Allen Hoole Solicitors, we work closely with our clients to explore all possible defences for breach of post-sentence supervision. Some of the most common defences include:
1. Reasonable Excuse for the Breach:
One of the most important defences is showing that the breach occurred due to a valid reason. For example, if the offender was unable to attend a supervision meeting due to illness or an emergency, this may provide a reasonable excuse. Providing documentary evidence or proof of the situation can help mitigate the breach.
2. Lack of Clarity or Understanding:
Sometimes, individuals may breach their post-sentence supervision without fully understanding the conditions imposed upon them. If the conditions were unclear or poorly communicated, this can be raised as a defence. It may also be argued that the breach was unintentional if the individual did not knowingly violate the terms.
3. Challenging the Severity of the Breach:
Not all breaches are equal. In some cases, the breach may be minor or technical, such as being late for a meeting or missing a single appointment. If the breach was minor, we can argue for leniency in court, demonstrating that the individual has otherwise been compliant with the terms of their supervision.
4. Commitment to Compliance:
If the breach was due to genuine oversight or misunderstanding, demonstrating a commitment to future compliance can be crucial. Showing efforts to attend all future appointments or to engage with rehabilitation programmes can result in a more lenient outcome.
Why Legal Representation is Crucial
Facing a breach of post-sentence supervision can be a daunting experience, particularly when it carries the risk of returning to prison or receiving additional penalties. Having expert legal representation is critical in persuading the court to consider mitigating circumstances and to avoid further custodial sentences.
At Allen Hoole Solicitors, our deep understanding of the post-sentence supervision process and our experience in representing clients at breach hearings give us a significant advantage. We work tirelessly to minimise the consequences of any breach by presenting a strong defence and highlighting all mitigating factors. We also have access to the best specialist barristers in the region, ensuring that our clients receive the highest standard of representation.
Why Choose Allen Hoole Solicitors?
As one of the largest criminal defence firms in the South West of England, we have the resources and expertise to provide our clients with comprehensive legal representation in all matters involving post-sentence supervision breaches. Our experienced team of solicitor advocates ensures that our clients receive the best possible outcomes in their cases.
If you or someone you know is facing a breach of post-sentence supervision, contact Allen Hoole Solicitors today. Our team is available 24/7 to provide expert legal advice and representation, ensuring your rights are fully protected throughout the legal process.