Commentary Release and supervision of offenders sentenced to less than 2 years Section 4: Supervision of certain young offenders after release from detention
47.Section 4 makes provision in relation to:
	Offenders serving sentences of less than 12 months detention under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 (which for these purposes includes a term of detention under section 209 of the Armed Forces Act 2006) who are under 18 when released;
	Offenders serving section 91 sentences of less than 12 months imposed for pre-commencement offences; and
	Offenders serving sentences under section 96 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention in a young offender institution) imposed for pre-commencement offences.
48.A sentence under section 91 may be imposed on offenders under the age of 18 in respect of certain serious offences. A sentence under section 96 may be imposed on offenders aged at least 18 but under 21.
49.Section 4 amends section 256B of the 2003 Act, which relates to supervision of young offenders after release from a section 91 or a section 96 sentence. Before the commencement of relevant provisions in this Act, section 256B would provide for a 3 month period of supervision to be applied to an offender who is released from a sentence under section 91 or section 96 of less than 12 months. The amendments made by section 4 have the effect that section 256B now relates only to offenders serving sentences described in paragraph 47 above. In other words, those offenders serving section 91 or section 96 sentences in relation to post-commencement offences, who are 18 or over on the last day of the custodial period, will no longer be subject to supervision under section 256B, but will be subject instead to the same arrangements as apply to an adult sentenced to a custodial sentence of less than 12 months. The amendments also have the effect that section 256B continues to apply in any case where the offence for which the sentence was imposed was committed before the commencement of section 1.
50.Section 4(3) amends subsection (2)(c) of section 256B of the 2003 Act to provide that an offender released from a section 91 sentence can be supervised by a member of a Youth Offending Team (YOT) if the offender is over 18 on release. After commencement of the Act this would only affect offenders who have committed offences before the commencement of section 1 of the Act, and who receive a sentence of under 12 months (see new subsection (1A) of section 256B inserted by section 4(2)).
51.Section 256B of the 2003 Act currently provides for drug testing requirements relating to certain Class A drugs to be imposed where the offender is 18 or over. This Act also enables drug testing requirements relating to certain Class B drugs to be imposed (see new section 256D of the 2003 Act, which is inserted by Schedule 1 to this Act). Section 256B is also amended so that, for those released under this section when the offender is aged 18 or over, the supervision period requirements may include drug appointment requirements (see new section 256E of the 2003 Act, which is inserted by Schedule 1 to this Act).