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Criminal Justice Bill


Criminal Justice Bill
Part 12 — Sentencing
Chapter 2 — Community orders: offenders aged 16 or over

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                      “sentencing guidelines” has the meaning given by section 153(1)(a);

                      “youth community order” has the meaning given by section 130(2).

Chapter 2

Community orders: offenders aged 16 or over

 160   Community orders

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     (1)    Where a person aged 16 or over is convicted of an offence, the court by or

before which he is convicted may make an order (in this Part referred to as a

“community order”) imposing on him any one or more of the following

requirements—

           (a)           an unpaid work requirement (as defined by section 179),

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           (b)           an activity requirement (as defined by section 181),

           (c)           a programme requirement (as defined by section 182),

           (d)           a prohibited activity requirement (as defined by section 183),

           (e)           a curfew requirement (as defined by section 184),

           (f)           an exclusion requirement (as defined by section 185),

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           (g)           a residence requirement (as defined by section 186),

           (h)           a mental health treatment requirement (as defined by section 187),

           (i)           a drug rehabilitation requirement (as defined by section 189),

           (j)           an alcohol treatment requirement (as defined by section 192),

           (k)           a supervision requirement (as defined by section 193), and

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

requirement (as defined by section 194).

     (2)    Subsection (1) has effect subject to sections 133 and 198 and to the following

provisions of Chapter 4 relating to particular requirements—

           (a)           section 179(3) (unpaid work requirement),

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           (b)           section 181(3) and (4) (activity requirement),

           (c)           section 182(4) and (5) (programme requirement),

           (d)           section 183(2) (prohibited activity requirement),

           (e)           section 187(3) (mental health treatment requirement),

           (f)           section 189(2) (drug rehabilitation requirement), and

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           (g)           section 192(2) and (3) (alcohol treatment requirement).

     (3)    Where the court makes a community order imposing a curfew requirement or

an exclusion requirement, the court must also impose an electronic monitoring

requirement (as defined by section 195) unless—

           (a)           it is prevented from doing so by section 195(2) or 198(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 community order imposing an unpaid work

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

activity requirement, a residence requirement, a mental health treatment

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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

prevented from doing so by section 195(2) or 198(4).

 

 

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

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     (5)    A community order must specify a date, not more than three years after the

date of the order, by which all the requirements in it must have been complied

with; and a community order which imposes two or more different

requirements falling within subsection (1) may also specify an earlier date or

dates in relation to compliance with any one or more of them.

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     (6)    Before making a community 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.

 161   Power to provide for court review of community orders

     (1)    The Secretary of State may by order—

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           (a)           enable or require a court making a community order to provide for the

community order to be reviewed periodically by that or another court,

           (b)           enable a court to amend a community order so as to include or remove

a provision for review by a court, and

           (c)           make provision as to the timing and conduct of reviews and as to the

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powers of the court on a review.

     (2)    An order under this section may, in particular, make provision in relation to

community orders corresponding to any provision made by sections 172 and

173 in relation to suspended sentence orders.

     (3)    An order under this section may repeal or amend any provision of this Part.

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 162   Breach, revocation or amendment of community order

Schedule 7 (which relates to failures to comply with the requirements of

community orders and to the revocation or amendment of such orders) shall

have effect.

Chapter 3

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Prison sentences of less than 12 months

Prison sentences of less than twelve months

 163   Prison sentences of less than 12 months

     (1)    Any power of a court to impose a sentence of imprisonment for a term of less

than 12 months on an offender may be exercised only in accordance with the

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following provisions of this section unless the court makes an intermittent

custody order (as defined by section 165).

     (2)    The term of the sentence—

           (a)           must be expressed in weeks,

           (b)           must be at least 28 weeks,

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           (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.

     (3)    The court, when passing sentence, must—

           (a)           specify a period (in this Chapter referred to as “the custodial period”)

at the end of which the offender is to be released on a licence, and

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

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           (b)           by order require the licence to be granted subject to conditions

requiring the offender’s compliance during the remainder of the term

(in this Chapter referred to as “the licence period”) or any part of it with

one or more requirements falling within section 164(1) and specified in

the order.

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     (4)    In this Part “custody plus order” means an order under subsection (3)(b).

     (5)    The custodial period—

           (a)           must be at least 2 weeks, and

           (b)           in respect of any one offence, must not be more than 13 weeks.

     (6)    In determining the term of the sentence and the length of the custodial period,

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the court must ensure that the licence period is at least 26 weeks in length.

     (7)    Where a court imposes two or more terms of imprisonment in accordance with

this section to be served consecutively—

           (a)           the aggregate length of the terms of imprisonment must not be more

than 65 weeks, and

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           (b)           the aggregate length of the custodial periods must not be more than 26

weeks.

     (8)    A custody plus order which specifies two or more requirements may, in

relation to any requirement, refer to compliance within such part of the licence

period as is specified in the order.

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     (9)    Subsection (3)(b) does not apply where the sentence is a suspended sentence.

 164   Licence conditions

     (1)    The requirements falling within this subsection are—

           (a)           an unpaid work requirement (as defined by section 179),

           (b)           an activity requirement (as defined by section 181),

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           (c)           a programme requirement (as defined by section 182),

           (d)           a prohibited activity requirement (as defined by section 183),

           (e)           a curfew requirement (as defined by section 184),

           (f)           an exclusion requirement (as defined by section 185),

           (g)           a supervision requirement (as defined by section 193), and

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

requirement (as defined by section 194).

     (2)    The power under section 163(3)(b) to determine the conditions of the licence

has effect subject to section 198 and to the following provisions of Chapter 4

relating to particular requirements—

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           (a)           section 179(3) (unpaid work requirement),

           (b)           section 181(3) and (4) (activity requirement),

           (c)           section 182(4) and (5) (programme requirement), and

           (d)           section 183(2) (prohibited activity requirement).

     (3)    Where the court makes a custody plus order requiring a licence to contain a

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curfew requirement or an exclusion requirement, the court must also require

the licence to contain an electronic monitoring requirement (as defined by

section 195) unless—

           (a)           the court is prevented from doing so by section 195(2) or 198(4), or

 

 

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

    92

 

           (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 residence requirement, a supervision

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requirement or an attendance 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 195(2) or 198(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.

     (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.

 

 

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

    93

 

     (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

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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.

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     (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.

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     (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.

 166   Restrictions on power to make intermittent custody order

     (1)    A court may not make an intermittent custody order unless it has been notified

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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—

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           (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

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accommodation available to him during the licence periods.

 167   Intermittent custody: licence conditions

     (1)    Section 165(1)(b) has effect subject to section 198 and to the following

provisions of Chapter 5 limiting the power to require the licence to contain

particular requirements—

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           (a)           section 179(3) (unpaid work requirement),

           (b)           section 181(3) and (4) (activity requirement),

           (c)           section 182(4) and (5) (programme requirement), and

           (d)           section 183(2) (prohibited activity requirement).

     (2)    Subsections (3) to (5) of section 164 have effect in relation to an intermittent

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

 

 

 
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Revised 21 November 2002