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Criminal Justice Bill


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

107

 

157     

Intermittent custody: licence conditions

(1)   

Section 155(1)(b) has effect subject to section 190 and to the following

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

particular requirements—

(a)   

section 171(3) (unpaid work requirement),

5

(b)   

section 173(3) and (4) (activity requirement),

(c)   

section 174(4) and (5) (programme requirement), and

(d)   

section 175(2) (prohibited activity requirement).

(2)   

Subsections (3) to (5) of section 154 have effect in relation to an intermittent

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

10

158     

Further provisions relating to intermittent custody

(1)   

Section 21 of the 1952 Act (expenses of conveyance to prison) does not apply in

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

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custody order relates the whole or part of any expenses incurred by the

offender in travelling to and from prison during licence periods.

(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

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unlawfully at large if, having being temporarily released in pursuance

of an intermittent custody order made under section 155 of the

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.”

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(4)   

In section 23 of the Criminal Justice Act 1961 (c. 39) (prison rules), in subsection

(3) for “The days” there is substituted “Subject to subsection (3A), the days”

and after subsection (3) there is inserted—

“(3A)   

In relation to a prisoner to whom an intermittent custody order under

section 155 of the Criminal Justice Act 2003 relates, the only days to

30

which subsection (3) applies are Christmas Day, Good Friday and any

day which under the Banking and Financial Dealings Act 1971 is a bank

holiday in England and Wales.”

(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—

35

“(1A)   

A person who has been temporarily released in pursuance of an

intermittent custody order made under section 155 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

40

released.”

(6)   

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

 

 

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

108

 

Further provision about custody plus orders and intermittent custody orders

159     

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.

5

160     

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

Scotland or Northern Ireland) shall have effect.

Suspended sentences

10

161     

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 153 may—

(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

15

supervision period”) with one or more requirements falling within

section 162(1) and specified in the order, and

(b)   

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

either—

(i)   

during the supervision period the offender fails to comply with

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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

offence (whether or not punishable with imprisonment),

25

   

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

consecutively, the power conferred by subsection (1) is not exercisable in

30

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

the order.

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(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

dealt with by the court.

40

(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

 

 

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

109

 

which has not taken effect under paragraph 8 of Schedule 11 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),

5

(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).

162     

Imposition of requirements by suspended sentence order

10

(1)   

The requirements falling within this subsection are—

(a)   

an unpaid work requirement (as defined by section 171),

(b)   

an activity requirement (as defined by section 173),

(c)   

a programme requirement (as defined by section 174),

(d)   

a prohibited activity requirement (as defined by section 175),

15

(e)   

a curfew requirement (as defined by section 176),

(f)   

an exclusion requirement (as defined by section 177),

(g)   

a residence requirement (as defined by section 178),

(h)   

a mental health treatment requirement (as defined by section 179),

(i)   

a drug rehabilitation requirement (as defined by section 181),

20

(j)   

an alcohol treatment requirement (as defined by section 184),

(k)   

a supervision requirement (as defined by section 185), and

(l)   

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

requirement (as defined by section 186).

(2)   

Section 161(1)(a) has effect subject to section 190 and to the following

25

provisions of Chapter 4 relating to particular requirements—

(a)   

section 171(3) (unpaid work requirement),

(b)   

section 173(3) and (4) (activity requirement),

(c)   

section 174(4) and (5) (programme requirement),

(d)   

section 175(2) (prohibited activity requirement),

30

(e)   

section 179(3) (mental health treatment requirement),

(f)   

section 181(2) (drug rehabilitation requirement), and

(g)   

section 184(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

35

monitoring requirement (as defined by section 187) unless—

(a)   

the court is prevented from doing so by section 187(2) or 190(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

40

requirement, an activity requirement, a programme requirement, a prohibited

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

45

court is prevented from doing so by section 187(2) or 190(4).

 

 

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

110

 

(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.

163     

Power to provide for review of suspended sentence order

(1)   

A suspended sentence order may—

5

(a)   

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

(b)   

provide for each review to be made, subject to section 164(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

10

(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

15

review being made by section 182).

(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;

20

(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.

25

(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.

164     

Periodic reviews of suspended sentence order

30

(1)   

At a review hearing (within the meaning of subsection (1) of section 163) 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—

35

(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

40

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 161(3) and (4),

(d)   

may not amend the operational period of the suspended sentence, and

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

111

 

(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

162(1) is of the same kind as any other community requirement falling

5

within that paragraph, and

(b)   

an electronic monitoring requirement is a community requirement of

the same kind as any requirement falling within section 162(1) to which

it relates.

(4)   

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

10

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

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

15

sentence order so as to provide for each subsequent review to be held without

a hearing.

(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

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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

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.

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(7)   

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

to vary the intervals specified under section 163(1).

(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,

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and

(b)   

in the case of a magistrates’ court, as a reference to a justice of the peace

acting for the commission area for which the court acts.

165     

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

further conviction

35

Schedule 11 (which relates to the breach, revocation or amendment of the

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

any further conviction) shall have effect.

166     

Transfer of suspended sentence orders to Scotland or Northern Ireland

Schedule 12 (transfer of suspended sentence orders to Scotland or Northern

40

Ireland) shall have effect.

 

 

 
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