Modifications etc. (not altering text)
C1Pt. 12 (ss. 142-305) modified (4.4.2005) by The Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 (S.I. 2005/643), art. 3
Pt. 12 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 183(4), 383 (as amended (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 23(2)(b)); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
(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orders are available in the area proposed to be specified in the intermittent custody order and the notice has not been withdrawn.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 [F1or an officer of a provider of probation services],
(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.
Textual Amendments
F1Words in s. 184(2)(a) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 19(4)
Commencement Information
I1S. 184 partly in force; s. 184 not in force at Royal Assent, see s. 336(3); s. 184 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.