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168 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 custody order | 5 |
relates the whole or part of any expenses incurred by the offender in travelling to and | |
from prison during licence periods. | |
(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 | 10 |
in relation to his final release. | |
(4) 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 who, after being temporarily | |
released in pursuance of an intermittent custody order made under | 15 |
section 165 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 | |
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— | 20 |
“(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 | 25 |
released.” | |
(6) In this section “the 1952 Act” means the Prison Act 1952 (c. 52). | |
Revocation or amendment of order | |
169 Revocation or amendment of order | |
Schedule 8 (which contains provisions relating to the revocation or | 30 |
amendment of custody plus orders and the amendment of intermittent | |
custody orders) shall have effect. | |
Suspended sentences | |
170 Suspended sentences of imprisonment | |
(1) A court which passes a sentence of imprisonment for a term of at least 28 weeks | 35 |
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 | |
of this paragraph in the order (in this Chapter referred to as “the | |
supervision period”) with one or more requirements falling within | |
section 171(1) and specified in the order, and | 40 |
(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 Great Britain another offence | 5 |
(whether or not punishable with imprisonment), | |
and (in either case) a court having power to do so subsequently orders | |
under paragraph 6 of Schedule 9 that the original sentence is to take | |
effect. | |
(2) Where two or more sentences imposed on the same occasion are to be served | 10 |
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 | 15 |
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 | 20 |
dealt with by the court. | |
(6) Subject to any provision to the contrary contained in the Criminal Justice Act | |
1967, 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 6 of Schedule 9 is to be treated as a | 25 |
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 | 30 |
order relates, and | |
(c) “community requirement”, in relation to a suspended sentence order, | |
means a requirement imposed under subsection (1)(a). | |
171 Imposition of requirements by suspended sentence order | |
(1) The requirements falling within this subsection are— | 35 |
(a) an unpaid work requirement (as defined by section 179), | |
(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), | 40 |
(f) an exclusion requirement (as defined by section 185), | |
(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), | 45 |
(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) Section 170(1)(a) has effect subject to section 198 and to the following | |
provisions of Chapter 4 relating to particular requirements— | |
(a) section 179(3) (unpaid work requirement), | 5 |
(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 | 10 |
(g) section 192(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 195) unless— | |
(a) the court is prevented from doing so by section 195(2) or 198(4), or | 15 |
(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 | 20 |
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 195(2) or 198(4). | |
(5) Before making a suspended sentence order imposing two or more different | 25 |
requirements falling within subsection (1), the court must consider whether, in | |
the circumstances of the case, the requirements are compatible with each other. | |
172 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, | 30 |
(b) provide for each review to be made, subject to section 173(3), 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 | 35 |
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 190). | 40 |
(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. | 45 |
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(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 | 5 |
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. | |
173 Periodic reviews of suspended sentence order | |
(1) At a review hearing (within the meaning of subsection (1) of section 172) the | 10 |
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 | 15 |
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 | 20 |
as amended, | |
(c) may amend the supervision period only if the period as amended | |
complies with section 170(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 | 25 |
an appeal against the order is pending. | |
(3) For the purposes of subsection (2)(a), a community requirement of a | |
suspended sentence order is of the same kind as another community | |
requirement if they fall within the same paragraph of section 171(1). | |
(4) If before a review hearing is held at any review the court, after considering the | 30 |
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 | 35 |
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 | 40 |
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 6 of Schedule 9. | 45 |
(7) At a review hearing the court may amend the suspended sentence order so as | |
to vary the intervals specified under section 172(1). | |
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(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 | 5 |
acting for the commission area for which the court acts. | |
174 Breach, revocation or amendment of suspended sentence order, and effect of | |
further conviction | |
Schedule 9 (which relates to the breach, revocation or amendment of the | |
community requirements of suspended sentence orders, and to the effect of | 10 |
any further conviction) shall have effect. | |
175 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) | 15 |
of that section; | |
“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 | 20 |
(b) in relation to a term of imprisonment to which an intermittent | |
custody order relates, has the meaning given by section 165(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 165(3); | 25 |
“operational period” and “supervision period”, in relation to a suspended | |
sentence, are to be read in accordance with section 170(1); | |
“sentence of imprisonment” does not include a committal for contempt of | |
court or any kindred offence. | |
Chapter 4 | 30 |
Further provisions about orders under Chapters 2 and 3 | |
Introductory | |
176 Meaning of “relevant order” | |
(1) In this Chapter “relevant order” means— | |
(a) a community order, | 35 |
(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 | 40 |
custody order, a reference to compliance with the requirement being required | |
by the order to be a condition of a licence. | |
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