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(3) Where the court makes a custody plus order requiring a licence to contain a | |
curfew requirement or an exclusion requirement, the court must also require | |
the licence to contain an electronic monitoring requirement (as defined by | |
section 197) unless— | |
(a) the court is prevented from doing so by section 197(2) or 200(4), or | 5 |
(b) in the particular circumstances of the case, it considers it inappropriate | |
to do so. | |
(4) Where the court makes a custody plus order requiring a licence to contain an | |
unpaid work requirement, an activity requirement, a programme requirement, | |
a prohibited activity requirement, a supervision requirement or an attendance | 10 |
centre requirement, the court may also require the licence to contain an | |
electronic monitoring requirement unless the court is prevented from doing so | |
by section 197(2) or 200(4). | |
(5) Before making a custody plus order requiring a licence to contain two or more | |
different requirements falling within subsection (1), the court must consider | 15 |
whether, in the circumstances of the case, the requirements are compatible | |
with each other. | |
Intermittent custody | |
165 Intermittent custody | |
(1) A court may, when passing a sentence of imprisonment for a term complying | 20 |
with subsection (4)— | |
(a) specify the number of days that the offender must serve in prison under | |
the sentence before being released on licence for the remainder of the | |
term, and | |
(b) by order— | 25 |
(i) specify periods during which the offender is to be released | |
temporarily on licence before he has served that number of days | |
in prison, and | |
(ii) require any licence to be granted subject to conditions requiring | |
the offender’s compliance during the licence periods with one | 30 |
or more requirements falling within section 164(1) and specified | |
in the order. | |
(2) In this Part “intermittent custody order” means an order under subsection | |
(1)(b). | |
(3) In this Chapter— | 35 |
“licence period”, in relation to a term of imprisonment to which an | |
intermittent custody order relates, means any period during which the | |
offender is released on licence by virtue of subsection (1)(a) or (b)(i); | |
“the number of custodial days”, in relation to a term of imprisonment to | |
which an intermittent custody order relates, means the number of days | 40 |
specified under subsection (1)(a). | |
(4) The term of the sentence— | |
(a) must be expressed in weeks, | |
(b) must be at least 28 weeks, | |
(c) must not be more than 51 weeks in respect of any one offence, and | 45 |
(d) must not exceed the maximum term permitted for the offence. | |
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(5) The number of custodial days— | |
(a) must be at least 14, and | |
(b) in respect of any one offence, must not be more than 90. | |
(6) A court may not exercise its powers under subsection (1) unless the offender | |
has expressed his willingness to serve the custodial part of the proposed | 5 |
sentence intermittently, during the parts of the sentence that are not to be | |
licence periods. | |
(7) Where a court exercises its powers under subsection (1) in respect of two or | |
more terms of imprisonment that are to be served consecutively— | |
(a) the aggregate length of the terms of imprisonment must not be more | 10 |
than 65 weeks, and | |
(b) the aggregate of the numbers of custodial days must not be more than | |
180. | |
(8) The Secretary of State may by order require a court, in specifying licence | |
periods under subsection (1)(b)(i), to specify only— | 15 |
(a) periods of a prescribed duration, | |
(b) periods beginning or ending at prescribed times, or | |
(c) periods including, or not including, specified parts of the week. | |
(9) An intermittent custody order which specifies two or more requirements may, | |
in relation to any requirement, refer to compliance within such licence period | 20 |
or periods, or part of a licence period, as is specified in the order. | |
166 Restrictions on power to make intermittent custody order | |
(1) A court may not make an intermittent custody order unless it has been notified | |
by the Secretary of State that arrangements for implementing such orders are | |
available in the area proposed to be specified in the intermittent custody order | 25 |
and the notice has not been withdrawn. | |
(2) The court may not make an intermittent custody order in respect of any | |
offender unless— | |
(a) it has consulted an officer of a local probation board, | |
(b) it has received from the Secretary of State notification that suitable | 30 |
prison accommodation is available for the offender during the | |
custodial periods, and | |
(c) it appears to the court that the offender will have suitable | |
accommodation available to him during the licence periods. | |
(3) In this section “custodial period”, in relation to a sentence to which an | 35 |
intermittent custody order relates, means any part of the sentence that is not a | |
licence period. | |
167 Intermittent custody: licence conditions | |
(1) Section 165(1)(b) has effect subject to section 200 and to the following | |
provisions of Chapter 4 limiting the power to require the licence to contain | 40 |
particular requirements— | |
(a) section 181(3) (unpaid work requirement), | |
(b) section 183(3) and (4) (activity requirement), | |
(c) section 184(4) and (5) (programme requirement), and | |
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(d) section 185(2) (prohibited activity requirement). | |
(2) Subsections (3) to (5) of section 164 have effect in relation to an intermittent | |
custody order as they have effect in relation to a custody plus order. | |
168 Further provisions relating to intermittent custody | |
(1) Section 21 of the 1952 Act (expenses of conveyance to prison) does not apply in | 5 |
relation to the conveyance to prison at the end of any licence period of an | |
offender to whom an intermittent custody order relates. | |
(2) The Secretary of State may pay to any offender to whom an intermittent | |
custody order relates the whole or part of any expenses incurred by the | |
offender in travelling to and from prison during licence periods. | 10 |
(3) In section 49 of the 1952 Act (persons unlawfully at large) after subsection (4) | |
there is inserted— | |
“(4A) For the purposes of this section a person shall also be deemed to be | |
unlawfully at large if, having being temporarily released in pursuance | |
of an intermittent custody order made under section 165 of the | 15 |
Criminal Justice Act 2003, he remains at large at a time when, by reason | |
of the expiry of the period for which he was temporarily released, he is | |
liable to be detained in pursuance of his sentence.” | |
(4) In section 1 of the Prisoners (Return to Custody) Act 1995 (c. 16) (remaining at | |
large after temporary release) after subsection (1) there is inserted— | 20 |
“(1A) A person who has been temporarily released in pursuance of an | |
intermittent custody order made under section 165 of the Criminal | |
Justice Act 2003 is guilty of an offence if, without reasonable excuse, he | |
remains unlawfully at large at any time after becoming so at large by | |
virtue of the expiry of the period for which he was temporarily | 25 |
released.” | |
(5) In this section “the 1952 Act” means the Prison Act 1952 (c. 52). | |
Further provision about custody plus orders and intermittent custody orders | |
169 Revocation or amendment of order | |
Schedule 9 (which contains provisions relating to the revocation or | 30 |
amendment of custody plus orders and the amendment of intermittent | |
custody orders) shall have effect. | |
170 Transfer of custody plus orders and intermittent custody orders to Scotland or | |
Northern Ireland | |
Schedule 10 (transfer of custody plus orders and intermittent custody orders to | 35 |
Scotland or Northern Ireland) shall have effect. | |
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Suspended sentences | |
171 Suspended sentences of imprisonment | |
(1) A court which passes a sentence of imprisonment for a term of at least 28 weeks | |
but not more than 51 weeks in accordance with section 163 may— | |
(a) order the offender to comply during a period specified for the purposes | 5 |
of this paragraph in the order (in this Chapter referred to as “the | |
supervision period”) with one or more requirements falling within | |
section 172(1) and specified in the order, and | |
(b) order that the sentence of imprisonment is not to take effect unless | |
either— | 10 |
(i) during the supervision period the offender fails to comply with | |
a requirement imposed under paragraph (a), or | |
(ii) during a period specified in the order for the purposes of this | |
sub-paragraph (in this Chapter referred to as “the operational | |
period”) the offender commits in the United Kingdom another | 15 |
offence (whether or not punishable with imprisonment), | |
and (in either case) a court having power to do so subsequently orders | |
under paragraph 8 of Schedule 11 that the original sentence is to take | |
effect. | |
(2) Where two or more sentences imposed on the same occasion are to be served | 20 |
consecutively, the power conferred by subsection (1) is not exercisable in | |
relation to any of them unless the aggregate of the terms of the sentences does | |
not exceed 65 weeks. | |
(3) The supervision period and the operational period must each be a period of not | |
less than six months and not more than two years beginning with the date of | 25 |
the order. | |
(4) The supervision period must not end later than the operational period. | |
(5) A court which passes a suspended sentence on any person for an offence may | |
not impose a community sentence in his case in respect of that offence or any | |
other offence of which he is convicted by or before the court or for which he is | 30 |
dealt with by the court. | |
(6) Subject to any provision to the contrary contained in the Criminal Justice Act | |
1967 (c. 80), the Sentencing Act or any other enactment passed or instrument | |
made under any enactment after 31st December 1967, a suspended sentence | |
which has not taken effect under paragraph 8 of Schedule 11 is to be treated as | 35 |
a sentence of imprisonment for the purposes of all enactments and instruments | |
made under enactments. | |
(7) In this Part— | |
(a) “suspended sentence order” means an order under subsection (1), | |
(b) “suspended sentence” means a sentence to which a suspended sentence | 40 |
order relates, and | |
(c) “community requirement”, in relation to a suspended sentence order, | |
means a requirement imposed under subsection (1)(a). | |
172 Imposition of requirements by suspended sentence order | |
(1) The requirements falling within this subsection are— | 45 |
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(a) an unpaid work requirement (as defined by section 181), | |
(b) an activity requirement (as defined by section 183), | |
(c) a programme requirement (as defined by section 184), | |
(d) a prohibited activity requirement (as defined by section 185), | |
(e) a curfew requirement (as defined by section 186), | 5 |
(f) an exclusion requirement (as defined by section 187), | |
(g) a residence requirement (as defined by section 188), | |
(h) a mental health treatment requirement (as defined by section 189), | |
(i) a drug rehabilitation requirement (as defined by section 191), | |
(j) an alcohol treatment requirement (as defined by section 194), | 10 |
(k) a supervision requirement (as defined by section 195), and | |
(l) in a case where the offender is aged under 25, an attendance centre | |
requirement (as defined by section 196). | |
(2) Section 171(1)(a) has effect subject to section 200 and to the following | |
provisions of Chapter 4 relating to particular requirements— | 15 |
(a) section 181(3) (unpaid work requirement), | |
(b) section 183(3) and (4) (activity requirement), | |
(c) section 184(4) and (5) (programme requirement), | |
(d) section 185(2) (prohibited activity requirement), | |
(e) section 189(3) (mental health treatment requirement), | 20 |
(f) section 191(2) (drug rehabilitation requirement), and | |
(g) section 194(2) and (3) (alcohol treatment requirement). | |
(3) Where the court makes a suspended sentence order imposing a curfew | |
requirement or an exclusion requirement, it must also impose an electronic | |
monitoring requirement (as defined by section 197) unless— | 25 |
(a) the court is prevented from doing so by section 197(2) or 200(4), or | |
(b) in the particular circumstances of the case, it considers it inappropriate | |
to do so. | |
(4) Where the court makes a suspended sentence order imposing an unpaid work | |
requirement, an activity requirement, a programme requirement, a prohibited | 30 |
activity requirement, a residence requirement, a mental health treatment | |
requirement, a drug rehabilitation requirement, an alcohol treatment | |
requirement, a supervision requirement or an attendance centre requirement, | |
the court may also impose an electronic monitoring requirement unless the | |
court is prevented from doing so by section 197(2) or 200(4). | 35 |
(5) Before making a suspended sentence order imposing two or more different | |
requirements falling within subsection (1), the court must consider whether, in | |
the circumstances of the case, the requirements are compatible with each other. | |
173 Power to provide for review of suspended sentence order | |
(1) A suspended sentence order may— | 40 |
(a) provide for the order to be reviewed periodically at specified intervals, | |
(b) provide for each review to be made, subject to section 174(4), at a | |
hearing held for the purpose by the court responsible for the order (a | |
“review hearing”), | |
(c) require the offender to attend each review hearing, and | 45 |
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(d) provide for the responsible officer to make to the court responsible for | |
the order, before each review, a report on the offender’s progress in | |
complying with the community requirements of the order. | |
(2) Subsection (1) does not apply in the case of an order imposing a drug | |
rehabilitation requirement (provision for such a requirement to be subject to | 5 |
review being made by section 192). | |
(3) In this section references to the court responsible for a suspended sentence | |
order are references— | |
(a) where a court is specified in the order in accordance with subsection (4), | |
to that court; | 10 |
(b) in any other case, to the court by which the order is made. | |
(4) Where the area specified in a suspended sentence order made by a magistrates’ | |
court is not the area for which the court acts, the court may, if it thinks fit, | |
include in the order provision specifying for the purpose of subsection (3) a | |
magistrates’ court which acts for the area specified in the order. | 15 |
(5) Where a suspended sentence order has been made on an appeal brought from | |
the Crown Court or from the criminal division of the Court of Appeal, it is to | |
be taken for the purposes of subsection (3)(b) to have been made by the Crown | |
Court. | |
174 Periodic reviews of suspended sentence order | 20 |
(1) At a review hearing (within the meaning of subsection (1) of section 173) the | |
court may, after considering the responsible officer’s report referred to in that | |
subsection, amend the community requirements of the suspended sentence | |
order, or any provision of the order which relates to those requirements. | |
(2) The court— | 25 |
(a) may not amend the community requirements of the order so as to | |
impose a requirement of a different kind unless the offender expresses | |
his willingness to comply with that requirement, | |
(b) may not amend a mental health treatment requirement, a drug | |
rehabilitation requirement or an alcohol treatment requirement unless | 30 |
the offender expresses his willingness to comply with the requirement | |
as amended, | |
(c) may amend the supervision period only if the period as amended | |
complies with section 171(3) and (4), | |
(d) may not amend the operational period of the suspended sentence, and | 35 |
(e) except with the consent of the offender, may not amend the order while | |
an appeal against the order is pending. | |
(3) For the purposes of subsection (2)(a)— | |
(a) a community requirement falling within any paragraph of section | |
172(1) is of the same kind as any other community requirement falling | 40 |
within that paragraph, and | |
(b) an electronic monitoring requirement is a community requirement of | |
the same kind as any requirement falling within section 172(1) to which | |
it relates. | |
(4) If before a review hearing is held at any review the court, after considering the | 45 |
responsible officer’s report, is of the opinion that the offender’s progress in | |
complying with the community requirements of the order is satisfactory, it | |
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may order that no review hearing is to be held at that review; and if before a | |
review hearing is held at any review, or at a review hearing, the court, after | |
considering that report, is of that opinion, it may amend the suspended | |
sentence order so as to provide for each subsequent review to be held without | |
a hearing. | 5 |
(5) If at a review held without a hearing the court, after considering the | |
responsible officer’s report, is of the opinion that the offender’s progress under | |
the order is no longer satisfactory, the court may require the offender to attend | |
a hearing of the court at a specified time and place. | |
(6) If at a review hearing the court is of the opinion that the offender has without | 10 |
reasonable excuse failed to comply with any of the community requirements of | |
the order, the court may adjourn the hearing for the purpose of dealing with | |
the case under paragraph 8 of Schedule 11. | |
(7) At a review hearing the court may amend the suspended sentence order so as | |
to vary the intervals specified under section 173(1). | 15 |
(8) In this section any reference to the court, in relation to a review without a | |
hearing, is to be read— | |
(a) in the case of the Crown Court, as a reference to a judge of the court, | |
and | |
(b) in the case of a magistrates’ court, as a reference to a justice of the peace | 20 |
acting for the commission area for which the court acts. | |
175 Breach, revocation or amendment of suspended sentence order, and effect of | |
further conviction | |
Schedule 11 (which relates to the breach, revocation or amendment of the | |
community requirements of suspended sentence orders, and to the effect of | 25 |
any further conviction) shall have effect. | |
176 Transfer of suspended sentence orders to Scotland or Northern Ireland | |
Schedule 12 (transfer of suspended sentence orders to Scotland or Northern | |
Ireland) shall have effect. | |
Interpretation of Chapter | 30 |
177 Interpretation of Chapter 3 | |
In this Chapter— | |
“custodial period”, in relation to a term of imprisonment imposed in | |
accordance with section 163, has the meaning given by subsection (3)(a) | |
of that section; | 35 |
“licence period”— | |
(a) in relation to a term of imprisonment imposed in accordance | |
with section 163, has the meaning given by subsection (3)(b) of | |
that section, and | |
(b) in relation to a term of imprisonment to which an intermittent | 40 |
custody order relates, has the meaning given by section 165(3); | |
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