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PART 12 continued CHAPTER 3 continued
“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 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
(d) must not exceed the maximum term permitted for the offence.
(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 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 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—
(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 or periods, or part of a licence period, as is specified in the 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orders are available in the area proposed to be specified in the intermittent custody order and the notice has not been withdrawn.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 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 intermittent custody order relates, means any part of the sentence that is not a licence period.
(1) Section 183(1)(b) has effect subject to section 218 and to the following provisions of Chapter 4 limiting the power to require the licence to contain particular requirements—
(a) section 199(3) (unpaid work requirement),
(b) section 201(3) and (4) (activity requirement),
(c) section 202(4) and (5) (programme requirement), and
(d) section 203(2) (prohibited activity requirement).
(2) Subsections (3) to (5) of section 182 have effect in relation to an intermittent custody order as they have effect in relation to a custody plus order.
(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 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 unlawfully at large if, having been temporarily released in pursuance of an intermittent custody order made under section 183 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.”
(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 183 of the Criminal Justice Act 2003 relates, the only days to 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—
“(1A) A person who has been temporarily released in pursuance of an intermittent custody order made under section 183 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 released.”
(6) In this section “the 1952 Act” means the Prison Act 1952 (c. 52).
Schedule 10 (which contains provisions relating to the revocation or amendment of custody plus orders and the amendment of intermittent custody orders) shall have effect.
Schedule 11 (transfer of custody plus orders and intermittent custody orders to Scotland or Northern Ireland) shall have effect.
(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 181 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 supervision period”) with one or more requirements falling within section 190(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 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),
and (in either case) a court having power to do so subsequently orders under paragraph 8 of Schedule 12 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 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.
(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.
(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 12 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),
(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).
(1) The requirements falling within this subsection are—
(a) an unpaid work requirement (as defined by section 199),
(b) an activity requirement (as defined by section 201),
(c) a programme requirement (as defined by section 202),
(d) a prohibited activity requirement (as defined by section 203),
(e) a curfew requirement (as defined by section 204),
(f) an exclusion requirement (as defined by section 205),
(g) a residence requirement (as defined by section 206),
(h) a mental health treatment requirement (as defined by section 207),
(i) a drug rehabilitation requirement (as defined by section 209),
(j) an alcohol treatment requirement (as defined by section 212),
(k) a supervision requirement (as defined by section 213), and
(l) in a case where the offender is aged under 25, an attendance centre requirement (as defined by section 214).
(2) Section 189(1)(a) has effect subject to section 218 and to the following provisions of Chapter 4 relating to particular requirements—
(a) section 199(3) (unpaid work requirement),
(b) section 201(3) and (4) (activity requirement),
(c) section 202(4) and (5) (programme requirement),
(d) section 203(2) (prohibited activity requirement),
(e) section 207(3) (mental health treatment requirement),
(f) section 209(2) (drug rehabilitation requirement), and
(g) section 212(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 215) unless—
(a) the court is prevented from doing so by section 215(2) or 218(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 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 215(2) or 218(4).
(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.
(1) A suspended sentence order may—
(a) provide for the order to be reviewed periodically at specified intervals,
(b) provide for each review to be made, subject to section 192(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 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 210).
(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.
(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 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.
(1) At a review hearing (within the meaning of subsection (1) of section 191) 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—
(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 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 189(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 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 190(1) is of the same kind as any other community requirement falling within that paragraph, and
(b) an electronic monitoring requirement is a community requirement of the same kind as any requirement falling within section 190(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 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 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 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 12.
(7) At a review hearing the court may amend the suspended sentence order so as to vary the intervals specified under section 191(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, 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.
Schedule 12 (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.
Schedule 13 (transfer of suspended sentence orders to Scotland or Northern Ireland) shall have effect.
In this Chapter—
“custodial period”, in relation to a term of imprisonment imposed in accordance with section 181, has the meaning given by subsection (3)(a) of that section;
“licence period”—
in relation to a term of imprisonment imposed in accordance with section 181, has the meaning given by subsection (3)(b) of that section, and
in relation to a term of imprisonment to which an intermittent custody order relates, has the meaning given by section 183(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 183(3);
“operational period” and “supervision period”, in relation to a suspended sentence, are to be read in accordance with section 189(1);
“sentence of imprisonment” does not include a committal for contempt of court or any kindred offence.
(1) In this Chapter “relevant order” means—
(a) a community order,
(b) a custody plus order,
(c) a suspended sentence order, or
(d) an intermittent custody order.
(2) In this Chapter any reference to a requirement being imposed by, or included in, a relevant order is, in relation to a custody plus order or an intermittent custody order, a reference to compliance with the requirement being required by the order to be a condition of a licence.
(1) For the purposes of this Part, “the responsible officer”, in relation to an offender to whom a relevant order relates, means—
(a) in a case where the order—
(i) imposes a curfew requirement or an exclusion requirement but no other requirement mentioned in section 177(1) or, as the case requires, section 182(1) or 190(1), and
(ii) imposes an electronic monitoring requirement,
the person who under section 215(3) is responsible for the electronic monitoring required by the order;
(b) in a case where the offender is aged 18 or over and the only requirement imposed by the order is an attendance centre requirement, the officer in charge of the attendance centre in question;
(c) in any other case, the qualifying officer who, as respects the offender, is for the time being responsible for discharging the functions conferred by this Part on the responsible officer.
(2) The following are qualifying officers for the purposes of subsection (1)(c) —
(a) in a case where the offender is aged under 18 at the time when the relevant order is made, an officer of a local probation board appointed for or assigned to the petty sessions area for the time being specified in the order or a member of a youth offending team established by a local authority for the time being specified in the order;
(b) in any other case, an officer of a local probation board appointed for or assigned to the petty sessions area for the time being specified in the order.
(3) The Secretary of State may by order—
(a) amend subsections (1) and (2), and
(b) make any other amendments of this Part that appear to him to be necessary or expedient in consequence of any amendment made by virtue of paragraph (a).
(4) An order under subsection (3) may, in particular, provide for the court to determine which of two or more descriptions of “responsible officer” is to apply in relation to any relevant order.
(1) Where a relevant order has effect, it is the duty of the responsible officer—
(a) to make any arrangements that are necessary in connection with the requirements imposed by the order,
(b) to promote the offender’s compliance with those requirements, and
(c) where appropriate, to take steps to enforce those requirements.
(2) In this section “responsible officer” does not include a person falling within section 197(1)(a).
(1) In this Part “unpaid work requirement”, in relation to a relevant order, means a requirement that the offender must perform unpaid work in accordance with section 200.
(2) The number of hours which a person may be required to work under an unpaid work requirement must be specified in the relevant order and must be in the aggregate—
(a) not less than 40, and
(b) not more than 300.
(3) A court may not impose an unpaid work requirement in respect of an offender unless after hearing (if the courts thinks necessary) an appropriate officer, the court is satisfied that the offender is a suitable person to perform work under such a requirement.
(4) In subsection (3) “an appropriate officer” means—
(a) in the case of an offender aged 18 or over, an officer of a local probation board, and
(b) in the case of an offender aged under 18, an officer of a local probation board, a social worker of a local authority social services department or a member of a youth offending team.
(5) Where the court makes relevant orders in respect of two or more offences of which the offender has been convicted on the same occasion and includes unpaid work requirements in each of them, the court may direct that the hours of work specified in any of those requirements is to be concurrent with or additional to those specified in any other of those orders, but so that the total number of hours which are not concurrent does not exceed the maximum specified in subsection (2)(b).
(1) An offender in respect of whom an unpaid work requirement of a relevant order is in force must perform for the number of hours specified in the order such work at such times as he may be instructed by the responsible officer.
(2) Subject to paragraph 20 of Schedule 8 and paragraph 18 of Schedule 12 (power to extend order), the work required to be performed under an unpaid work requirement of a community order or a suspended sentence order must be performed during a period of twelve months.
(3) Unless revoked, a community order imposing an unpaid work requirement remains in force until the offender has worked under it for the number of hours specified in it.
(4) Where an unpaid work requirement is imposed by a suspended sentence order, the supervision period as defined by section 189(1)(a) continues until the offender has worked under the order for the number of hours specified in the order, but does not continue beyond the end of the operational period as defined by section 189(1)(b)(ii).
(1) In this Part “activity requirement”, in relation to a relevant order, means a requirement that the offender must do either or both of the following—
(a) present himself to a person or persons specified in the relevant order at a place or places so specified on such number of days as may be so specified;
(b) participate in activities specified in the order on such number of days as may be so specified.
(2) The specified activities may consist of or include activities whose purpose is that of reparation, such as activities involving contact between offenders and persons affected by their offences.
(3) A court may not include an activity requirement in a relevant order unless—
(a) it has consulted—
(i) in the case of an offender aged 18 or over, an officer of a local probation board,
(ii) in the case of an offender aged under 18, either an officer of a local probation board or a member of a youth offending team, and
(b) it is satisfied that it is feasible to secure compliance with the requirement.
(4) A court may not include an activity requirement in a relevant order if compliance with that requirement would involve the co-operation of a person other than the offender and the offender’s responsible officer, unless that other person consents to its inclusion.
(5) The aggregate of the number of days specified under subsection (1)(a) and (b) must not exceed 60.
(6) A requirement such as is mentioned in subsection (1)(a) operates to require the offender—
(a) in accordance with instructions given by his responsible officer, to present himself at a place or places on the number of days specified in the order, and
(b) while at any place, to comply with instructions given by, or under the authority of, the person in charge of that place.
(7) A place specified under subsection (1)(a) must be—
(a) a community rehabilitation centre, or
(b) a place that has been approved by the local probation board for the area in which the premises are situated as providing facilities suitable for persons subject to activity requirements.
(8) Where the place specified under subsection (1)(a) is a community rehabilitation centre, the reference in subsection (6)(a) to the offender presenting himself at the specified place includes a reference to him presenting himself elsewhere than at the centre for the purpose of participating in activities in accordance with instructions given by, or under the authority of, the person in charge of the centre.
(9) A requirement to participate in activities operates to require the offender—
(a) in accordance with instructions given by his responsible officer, to participate in activities on the number of days specified in the order, and
(b) while participating, to comply with instructions given by, or under the authority of, the person in charge of the activities.
(10) In this section “community rehabilitation centre” means premises—
(a) at which non-residential facilities are provided for use in connection with the rehabilitation of offenders, and
(b) which are for the time being approved by the Secretary of State as providing facilities suitable for persons subject to relevant orders.
(1) In this Part “programme requirement”, in relation to a relevant order, means a requirement that the offender must participate in an accredited programme specified in the order at a place so specified on such number of days as may be so specified.
(2) In this Part “accredited programme” means a programme that is for the time being accredited by the accreditation body.
(3) In this section—
(a) “programme” means a systematic set of activities, and
(b) “the accreditation body” means such body as the Secretary of State may designate for the purposes of this section by order.
(4) A court may not include a programme requirement in a relevant order unless—
(a) the accredited programme which the court proposes to specify in the order has been recommended to the court as being suitable for the offender—
(i) in the case of an offender aged 18 or over, by an officer of a local probation board, or
(ii) in the case of an offender aged under 18, either by an officer of a local probation board or by a member of a youth offending team, and
(b) the court is satisfied that the programme is (or, where the relevant order is a custody plus order or an intermittent custody order, will be) available at the place proposed to be specified.
(5) A court may not include a programme requirement in a relevant order if compliance with that requirement would involve the co-operation of a person other than the offender and the offender’s responsible officer, unless that other person consents to its inclusion.
(6) A requirement to attend an accredited programme operates to require the offender—
(a) in accordance with instructions given by the responsible officer, to participate in the accredited programme at the place specified in the order on the number of days specified in the order, and
(b) while at that place, to comply with instructions given by, or under the authority of, the person in charge of the programme.
(7) A place specified in an order must be a place that has been approved by the local probation board for the area in which the premises are situated as providing facilities suitable for persons subject to programme requirements.
(1) In this Part “prohibited activity requirement”, in relation to a relevant order, means a requirement that the offender must refrain from participating in activities specified in the order—
(a) on a day or days so specified, or
(b) during a period so specified.
(2) A court may not include a prohibited activity requirement in a relevant order unless it has consulted—
(a) in the case of an offender aged 18 or over, an officer of a local probation board;
(b) in the case of an offender aged under 18, either an officer of a local probation board or a member of a youth offending team.
(3) The requirements that may by virtue of this section be included in a relevant order include a requirement that the offender does not possess, use or carry a firearm within the meaning of the Firearms Act 1968 (c. 27).
Criminal Justice Act 2003