House of Lords portcullis
House of Lords
Session 2002 - 03
Internet Publications
Other Bills before Parliament

Criminal Justice Bill


Criminal Justice Bill
Part 12 — Sentencing
Chapter 3 — Prison sentences of less than 12 months

    104

 

     (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 206) unless—

           (a)           the court is prevented from doing so by section 206(2) or 209(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 206(2) or 209(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

 176   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 175(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.

 

 

Criminal Justice Bill
Part 12 — Sentencing
Chapter 3 — Prison sentences of less than 12 months

    105

 

     (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.

 177   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.

 178   Intermittent custody: licence conditions

     (1)    Section 176(1)(b) has effect subject to section 209 and to the following

provisions of Chapter 4 limiting the power to require the licence to contain

40

particular requirements—

           (a)           section 190(3) (unpaid work requirement),

           (b)           section 192(3) and (4) (activity requirement),

           (c)           section 193(4) and (5) (programme requirement), and

 

 

Criminal Justice Bill
Part 12 — Sentencing
Chapter 3 — Prison sentences of less than 12 months

    106

 

           (d)           section 194(2) (prohibited activity requirement).

     (2)    Subsections (3) to (5) of section 175 have effect in relation to an intermittent

custody order as they have effect in relation to a custody plus order.

 179   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 30 of the 1952 Act (payments for discharged prisoners), the reference

to a person released or about to be released from prison does not include a

reference to any person to whom an intermittent custody order relates, except

in relation to his final release.

     (4)    In section 49 of the 1952 Act (persons unlawfully at large) after subsection (4)

15

there is inserted—

           “(4A)              For the purposes of this section a person who, after being temporarily

released in pursuance of an intermittent custody order made under

section 176 of the Criminal Justice Act 2003, is at large at any time when

he is liable to be detained in pursuance of his sentence shall be deemed

20

to be unlawfully at large.”

     (5)    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—

           “(1A)              A person who has been temporarily released in pursuance of an

intermittent custody order made under section 176 of the Criminal

25

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

released.”

     (6)    In this section “the 1952 Act” means the Prison Act 1952 (c. 52).

30

Revocation or amendment of order

 180   Revocation or amendment of order

Schedule 9 (which contains provisions relating to the revocation or

amendment of custody plus orders and the amendment of intermittent

custody orders) shall have effect.

35

Suspended sentences

 181   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 174 may—

 

 

Criminal Justice Bill
Part 12 — Sentencing
Chapter 3 — Prison sentences of less than 12 months

    107

 

           (a)           order the offender to comply during a period specified for the purposes

of this paragraph in the order (in this Chapter referred to as “the

supervision period”) with one or more requirements falling within

section 182(1) and specified in the order, and

           (b)           order that the sentence of imprisonment is not to take effect unless

5

either—

                  (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

10

period”) the offender commits in the United Kingdom another

offence (whether or not punishable with imprisonment),

                         and (in either case) a court having power to do so subsequently orders

under paragraph 7 of Schedule 10 that the original sentence is to take

effect.

15

     (2)    Where two or more sentences imposed on the same occasion are to be served

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

20

less than six months and not more than two years beginning with the date of

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

25

other offence of which he is convicted by or before the court or for which he is

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

30

which has not taken effect under paragraph 7 of Schedule 10 is to be treated as

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),

35

           (b)           “suspended sentence” means a sentence to which a suspended sentence

order relates, and

           (c)           “community requirement”, in relation to a suspended sentence order,

means a requirement imposed under subsection (1)(a).

 182   Imposition of requirements by suspended sentence order

40

     (1)    The requirements falling within this subsection are—

           (a)           an unpaid work requirement (as defined by section 190),

           (b)           an activity requirement (as defined by section 192),

           (c)           a programme requirement (as defined by section 193),

           (d)           a prohibited activity requirement (as defined by section 194),

45

           (e)           a curfew requirement (as defined by section 195),

           (f)           an exclusion requirement (as defined by section 196),

 

 

Criminal Justice Bill
Part 12 — Sentencing
Chapter 3 — Prison sentences of less than 12 months

    108

 

           (g)           a residence requirement (as defined by section 197),

           (h)           a mental health treatment requirement (as defined by section 198),

           (i)           a drug rehabilitation requirement (as defined by section 200),

           (j)           an alcohol treatment requirement (as defined by section 203),

           (k)           a supervision requirement (as defined by section 204), and

5

           (l)           in a case where the offender is aged under 25, an attendance centre

requirement (as defined by section 205).

     (2)    Section 181(1)(a) has effect subject to section 209 and to the following

provisions of Chapter 4 relating to particular requirements—

           (a)           section 190(3) (unpaid work requirement),

10

           (b)           section 192(3) and (4) (activity requirement),

           (c)           section 193(4) and (5) (programme requirement),

           (d)           section 194(2) (prohibited activity requirement),

           (e)           section 198(3) (mental health treatment requirement),

           (f)           section 200(2) (drug rehabilitation requirement), and

15

           (g)           section 203(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 206) unless—

           (a)           the court is prevented from doing so by section 206(2) or 209(4), or

20

           (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

activity requirement, a residence requirement, a mental health treatment

25

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 206(2) or 209(4).

     (5)    Before making a suspended sentence order imposing two or more different

30

requirements falling within subsection (1), the court must consider whether, in

the circumstances of the case, the requirements are compatible with each other.

 183   Power to provide for review of suspended sentence order

     (1)    A suspended sentence order may—

           (a)           provide for the order to be reviewed periodically at specified intervals,

35

           (b)           provide for each review to be made, subject to section 184(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

           (d)           provide for the responsible officer to make to the court responsible for

40

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

review being made by section 201).

45

 

 

Criminal Justice Bill
Part 12 — Sentencing
Chapter 3 — Prison sentences of less than 12 months

    109

 

     (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;

           (b)           in any other case, to the court by which the order is made.

5

     (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.

     (5)    Where a suspended sentence order has been made on an appeal brought from

10

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.

 184   Periodic reviews of suspended sentence order

     (1)    At a review hearing (within the meaning of subsection (1) of section 183) the

15

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—

           (a)           may not amend the community requirements of the order so as to

20

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

the offender expresses his willingness to comply with the requirement

25

as amended,

           (c)           may amend the supervision period only if the period as amended

complies with section 181(3) and (4),

           (d)           may not amend the operational period of the suspended sentence, and

           (e)           except with the consent of the offender, may not amend the order while

30

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

182(1) is of the same kind as any other community requirement falling

within that paragraph, and

35

           (b)           an electronic monitoring requirement is a community requirement of

the same kind as any requirement falling within section 182(1) to which

it relates.

     (4)    If before a review hearing is held at any review the court, after considering the

responsible officer’s report, is of the opinion that the offender’s progress in

40

complying with the community requirements of the order is satisfactory, it

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

45

a hearing.

 

 

Criminal Justice Bill
Part 12 — Sentencing
Chapter 3 — Prison sentences of less than 12 months

    110

 

     (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

5

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 7 of Schedule 10.

     (7)    At a review hearing the court may amend the suspended sentence order so as

to vary the intervals specified under section 183(1).

10

     (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

15

acting for the commission area for which the court acts.

 185   Breach, revocation or amendment of suspended sentence order, and effect of

further conviction

Schedule 10 (which relates to the breach, revocation or amendment of the

community requirements of suspended sentence orders, and to the effect of

20

any further conviction) shall have effect.

 186   Interpretation of Chapter 3

In this Chapter—

                      “custodial period”, in relation to a term of imprisonment imposed in

accordance with section 174, has the meaning given by subsection (3)(a)

25

of that section;

                      “licence period”—

                  (a)                 in relation to a term of imprisonment imposed in accordance

with section 174, has the meaning given by subsection (3)(b) of

that section, and

30

                  (b)                 in relation to a term of imprisonment to which an intermittent

custody order relates, has the meaning given by section 176(3);

                      “the number of custodial days”, in relation to a term of imprisonment to

which an intermittent custody order relates, has the meaning given by

section 176(3);

35

                      “operational period” and “supervision period”, in relation to a suspended

sentence, are to be read in accordance with section 181(1);

                      “sentence of imprisonment” does not include a committal for contempt of

court or any kindred offence.

 

 

 
previous section contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 2003
Revised 23 May 2003