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“(aa) enabling such persons to become aware of the relative | |
effectiveness of different sentences— | |
(i) in preventing re-offending, and | |
(ii) in promoting public confidence in the criminal justice | |
system;”. | 5 |
Supplementary | |
160 Interpretation of Chapter 1 | |
In this Chapter— | |
“allocation guidelines” has the meaning given by section 154(1)(b); | |
“the Council” means the Sentencing Guidelines Council; | 10 |
“the Panel” means the Sentencing Advisory Panel; | |
“sentence” and “sentencing” are to be read in accordance with section | |
127(3); | |
“sentencing guidelines” has the meaning given by section 154(1)(a); | |
“youth community order” has the meaning given by section 131(2). | 15 |
Chapter 2 | |
Community orders: offenders aged 16 or over | |
161 Community orders | |
(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 | 20 |
“community order”) imposing on him any one or more of the following | |
requirements— | |
(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), | 25 |
(d) a prohibited activity requirement (as defined by section 185), | |
(e) a curfew requirement (as defined by section 186), | |
(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), | 30 |
(i) a drug rehabilitation requirement (as defined by section 191), | |
(j) an alcohol treatment requirement (as defined by section 194), | |
(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). | 35 |
(2) Subsection (1) has effect subject to sections 134 and 200 and to the following | |
provisions of Chapter 4 relating to 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), | 40 |
(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 community order imposing a curfew requirement or | |
an exclusion requirement, the court must also impose an electronic monitoring | |
requirement (as defined by section 197) unless— | 5 |
(a) it 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 community order imposing an unpaid work | |
requirement, an activity requirement, a programme requirement, a prohibited | 10 |
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 | |
prevented from doing so by section 197(2) or 200(4). | 15 |
(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. | 20 |
(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. | |
162 Power to provide for court review of community orders | |
(1) The Secretary of State may by order— | 25 |
(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 | 30 |
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 174 and | |
175 in relation to suspended sentence orders. | |
(3) An order under this section may repeal or amend any provision of this Part. | 35 |
163 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. | |
164 Transfer of community orders to Scotland or Northern Ireland | 40 |
Schedule 8 (transfer of community orders to Scotland or Northern Ireland) | |
shall have effect. | |
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Chapter 3 | |
Prison sentences of less than 12 months | |
Prison sentences of less than twelve months | |
165 Prison sentences of less than 12 months | |
(1) Any power of a court to impose a sentence of imprisonment for a term of less | 5 |
than 12 months on an offender may be exercised only in accordance with the | |
following provisions of this section unless the court makes an intermittent | |
custody order (as defined by section 167). | |
(2) The term of the sentence— | |
(a) must be expressed in weeks, | 10 |
(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. | |
(3) The court, when passing sentence, must— | |
(a) specify a period (in this Chapter referred to as “the custodial period”) | 15 |
at the end of which the offender is to be released on a licence, and | |
(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 166(1) and specified in | 20 |
the order. | |
(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. | 25 |
(6) In determining the term of the sentence and the length of the custodial period, | |
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 | 30 |
than 65 weeks, and | |
(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 | 35 |
period as is specified in the order. | |
(9) Subsection (3)(b) does not apply where the sentence is a suspended sentence. | |
166 Licence conditions | |
(1) The requirements falling within this subsection are— | |
(a) an unpaid work requirement (as defined by section 181), | 40 |
(b) an activity requirement (as defined by section 183), | |
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(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), | |
(f) an exclusion requirement (as defined by section 187), | |
(g) a supervision requirement (as defined by section 195), and | 5 |
(h) in a case where the offender is aged under 25, an attendance centre | |
requirement (as defined by section 196). | |
(2) The power under section 165(3)(b) to determine the conditions of the licence | |
has effect subject to section 200 and to the following provisions of Chapter 4 | |
relating to particular requirements— | 10 |
(a) section 181(3) (unpaid work requirement), | |
(b) section 183(3) and (4) (activity requirement), | |
(c) section 184(4) and (5) (programme requirement), and | |
(d) section 185(2) (prohibited activity requirement). | |
(3) Where the court makes a custody plus order requiring a licence to contain a | 15 |
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 | |
(b) in the particular circumstances of the case, it considers it inappropriate | 20 |
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 | |
requirement or an attendance centre requirement, the court may also require | 25 |
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 | |
whether, in the circumstances of the case, the requirements are compatible | 30 |
with each other. | |
Intermittent custody | |
167 Intermittent custody | |
(1) A court may, when passing a sentence of imprisonment for a term complying | |
with subsection (4)— | 35 |
(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— | |
(i) specify periods during which the offender is to be released | 40 |
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 | |
or more requirements falling within section 166(1) and specified | 45 |
in the order. | |
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(2) In this Part “intermittent custody order” means an order under subsection | |
(1)(b). | |
(3) In this Chapter— | |
“licence period”, in relation to a term of imprisonment to which an | |
intermittent custody order relates, means any period during which the | 5 |
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— | 10 |
(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— | 15 |
(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 | 20 |
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 | 25 |
(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, | 30 |
(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. | 35 |
168 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 | |
and the notice has not been withdrawn. | 40 |
(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, | |
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(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. | 5 |
(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. | |
169 Intermittent custody: licence conditions | |
(1) Section 167(1)(b) has effect subject to section 200 and to the following | 10 |
provisions of Chapter 5 limiting the power to require the licence to contain | |
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 | 15 |
(d) section 185(2) (prohibited activity requirement). | |
(2) Subsections (3) to (5) of section 166 have effect in relation to an intermittent | |
custody order as they have effect in relation to a custody plus order. | |
170 Further provisions relating to intermittent custody | |
(1) Section 21 of the 1952 Act (expenses of conveyance to prison) does not apply in | 20 |
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. | 25 |
(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 | |
in relation to his final release. | |
(4) In section 49 of the 1952 Act (persons unlawfully at large) after subsection (4) | 30 |
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 | |
section 167 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 | 35 |
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— | |
“(1A) A person who has been temporarily released in pursuance of an | |
intermittent custody order made under section 167 of the Criminal | 40 |
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.” | |
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(6) In this section “the 1952 Act” means the Prison Act 1952 (c. 52). | |
Revocation or amendment of order | |
171 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 | 5 |
custody orders) shall have effect. | |
Suspended sentences | |
172 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 165 may— | 10 |
(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 173(1) and specified in the order, and | |
(b) order that the sentence of imprisonment is not to take effect unless | 15 |
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 | 20 |
period”) the offender commits in Great Britain another offence | |
(whether or not punishable with imprisonment), | |
and (in either case) a court having power to do so subsequently orders | |
under paragraph 7 of Schedule 10 that the original sentence is to take | |
effect. | 25 |
(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 | 30 |
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 | 35 |
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, the Sentencing Act or any other enactment passed or instrument made | |
under any enactment after 31st December 1967, a suspended sentence which | 40 |
has not taken effect under paragraph 7 of Schedule 10 is to be treated as a | |
sentence of imprisonment for the purposes of all enactments and instruments | |
made under enactments. | |
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