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Criminal Justice Bill


Criminal Justice Bill
Part 11 — Sentencing
Chapter 3 — Prison sentences of less than 12 months

    98

 

     (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

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           (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

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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

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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

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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—

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                  (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

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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—

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                    “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

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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

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           (d)           must not exceed the maximum term permitted for the offence.

 

 

Criminal Justice Bill
Part 11 — Sentencing
Chapter 3 — Prison sentences of less than 12 months

    99

 

     (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

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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

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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—

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           (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

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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

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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

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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

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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

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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

 

 

Criminal Justice Bill
Part 11 — Sentencing
Chapter 3 — Prison sentences of less than 12 months

    100

 

           (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

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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.

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     (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

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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—

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           “(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

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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.

 

 

Criminal Justice Bill
Part 11 — Sentencing
Chapter 3 — Prison sentences of less than 12 months

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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

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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—

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                  (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

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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

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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

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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

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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

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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

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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—

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Criminal Justice Bill
Part 11 — Sentencing
Chapter 3 — Prison sentences of less than 12 months

    102

 

           (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),

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           (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),

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           (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),

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           (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).

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     (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

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Criminal Justice Bill
Part 11 — Sentencing
Chapter 3 — Prison sentences of less than 12 months

    103

 

           (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.

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     (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—

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           (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

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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

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           (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

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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

 

 

Criminal Justice Bill
Part 11 — Sentencing
Chapter 3 — Prison sentences of less than 12 months

    104

 

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

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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

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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

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 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;

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                      “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

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custody order relates, has the meaning given by section 165(3);

 

 

 
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