503.This section ensures that in general all prison sentences of less than 12 months will consist of a short period of custody followed by a longer period on licence, during which the offender has to comply with requirements fixed by the courts as part of his sentence. Subsection (2) sets out the minimum and maximum lengths of the sentence. Subsection (3) requires the court to specify both the ‘custodial period’ and the ‘licence period’. During the licence period the offender is to be subject to conditions specified in the “custody plus order”. Subsection (5) makes provision for the length of the custodial period, which must be between 2 and 13 weeks. Subsection (6) requires the licence period to be at least 26 weeks. Subsection (7) makes provision for consecutive sentences and limits the total term of imprisonment for two or more offences to 15 months, with a maximum of 6 months in custody. Subsection (9) provides that, in the case of a suspended sentence, the court need not when passing sentence specify the licence conditions that would apply should the sentence take effect.
504.This section lists the requirements which the court may attach to the licence period under the custody plus order provided for in section 181. Subsection (2) sets out restrictions which apply when attaching certain requirements
505.Subsections (3 and (4) make provision for the imposition of an electronic monitoring requirement. Depending upon the other requirements which are imposed the court is either under a duty or has a discretion whether to impose this requirement. Subsection (5) requires the court to consider whether the requirements attached to the licence period are compatible.
506.Subsection (1) enables a court passing a sentence of imprisonment of under 12 months to specify the number of days the offender must serve in prison, and at the same time provide for his release on licence, subject to specified conditions, at set intervals throughout his sentence. Subsections (2) and (3) are interpretative provisions. Subsection (4) makes provision for the minimum and maximum length of the sentence, which like a custody plus sentence under section 165 must always be at least 28 weeks but no more than 51 in respect of any one offence. Subsection (5) provides for the minimum and maximum amount of time the offender must spend in prison. Subsection (6) prohibits a court from imposing a sentence of this nature unless the offender consents. Subsection (7) makes provision for consecutive sentences and limits the total term to 65 weeks, with a maximum of 180 days in custody. Subsection (8) enables the Secretary of State by order to make provision about licence periods that the court may specify. He may make provision about the length of licence periods (such as 86 or 120 hours) which enables the custodial days to be served during the week or at the weekend); particular days of the week on which licence periods may begin or end (to restrict custodial periods to weekends, for example); and periods including or not including specified parts of the week (for example ‘not Fridays’). Subsection (9) enables the court to require different requirements to be fulfilled within different time limits.
507.Intermittent custody may not be available in all parts of the country. Subsection (1) provides that a court must not make an intermittent custody order unless it has been notified by the Secretary of State that suitable arrangements are available in the relevant area. Subsection (2) requires the court to ensure that suitable prison accommodation is available for the custodial periods and that the offender has somewhere suitable to live during the licence periods. The court must consult an officer of the local probation board before making an intermittent custody order in respect of an offender. This is intended to assist the court in assessing whether the offender is suitable for intermittent custody.
508.Subsection (1) sets out the restrictions on licence conditions available for intermittent custody. Subsection (2) provides that subsections (3) to (5) of section 182 (which relate to electronic monitoring of licence conditions and compatibility of licence conditions in the context of custody plus orders) apply to intermittent custody orders.
509.Subsection (1) provides that payments under section 21 of the Prison Act 1952 (expenses of conveyance to prison) are not available in relation to intermittent release. Subsection (2) gives the Prison Service discretion to pay expenses for transport. Subsection (3) stipulates that a person who has been temporarily released under an intermittent custody order shall be deemed to be unlawfully at large if he fails to return at the end of his temporary licence period. Subsection (5) creates an offence of remaining at large after temporary release in pursuance of an intermittent custody order.
510.This section introduces Schedule 10, which deals with the revocation or amendment of custody plus orders and the amendment of intermittent custody orders. The Schedule is explained below.
511.This section introduces Schedule 11 which sets out the procedure for transferring custody plus orders and intermittent custody orders to Scotland or Northern Ireland.
512.This section deals with suspended sentences of imprisonment. Subsection (1) enables a court which passes a prison sentence of less than 12 months to suspend that sentence for a period of between six months and two years while ordering the offender to undertake certain requirements in the community. The custodial part of the sentence will not take effect unless the offender fails to comply with those requirements or commits another offence within the period of suspension. The period during which the offender undertakes requirements is called “the supervision period” and the entire length of suspension is called “the operational period”. Subsection (2) makes provision for consecutive sentences and limits the total term to 65 weeks. Under subsection (3) the length of time the offender undertakes requirements may be less (but not more) than the entire period of suspension, but each of the two periods must last between six months and two years. Subsection (4) provides that the supervision period must not exceed the operational period. Subsection (5) prohibits the court from imposing a community sentence alongside a suspended sentence (though a fine or compensation order could be imposed). Subsection (6) provides that a suspended sentence is to be treated as a sentence of imprisonment.
513.This section specifies the requirements that can be attached to a suspended sentence order. Subsection (1) lists those requirements. Subsection (2) sets out certain restrictions on imposing particular requirements. Subsection (3) states that where the court imposes a curfew requirement or an exclusion requirement, it must also impose an electronic monitoring requirement (as defined in Section 215) unless electronic monitoring is not available in the local area or someone else whose consent is required (e.g. a landlord) withholds that consent. Subsection (4) provides for the court to add an electronic monitoring requirement to ensure compliance with certain other requirements. Subsection (5) requires the court to consider the compatibility of the requirements before imposing them.
514.Subsection (1) confers a discretion on courts to provide that a suspended sentence order passed under section 189(1) be subject to periodic review at a review hearing. Subsection (2) excludes cases where the offender is subject to an order that imposes a drug rehabilitation requirement that is subject to court review, as those orders will already be subject to review. A review hearing is conducted by the court responsible for the order. Subsections (3) to (5) specify which court is responsible for the order in particular situations.
515.This section makes provision for what is to happen at a review hearing. Subsection (1) confers on the court a power to amend any community requirement of the suspended sentence order, following consideration of the responsible officer’s report. Subsection (2) limits the power of amendment. In particular, the court cannot impose a new requirement unless the offender consents, but it can impose a requirement of the same kind (this is explained in subsection (3)). An offender’s consent is also required before amending a drug, alcohol or mental health treatment requirement. The court may extend the supervision period, but not so that it lasts longer than two years or ends later than the operational period. The court may not amend the operational period. Unless the offender consents, the court may not amend the order if an appeal against it is pending. Subsection (3) provides that a requirement of the same kind as another paragraph if it falls within section 190(1). It also has the effect of allowing the court to add an electronic monitoring requirement to an existing requirement.
516.Under subsection (4), where on the basis of the responsible officer’s report, the court is of the opinion that the offender is making satisfactory progress, it can dispense with a review hearing. It may also amend the order to provide that subsequent reviews can be held on the papers, and without a hearing. Subsection (5) provides the court with the power to require the offender to attend a review hearing where the court is of the opinion his progress is no longer satisfactory. Under subsection (6) the court may adjourn a review hearing where it wishes to deal with the offender in respect of a breach of a requirement under formal breach proceedings. Subsection (7) enables the court to adjust the intervals between review hearings. Subsection (8) is an interpretation provision.
517.This section introduces Schedule 12.
518.This section introduces Schedule 13 which sets out the procedure for transferring suspended sentence orders to Scotland or Northern Ireland.
519.This section defines various terms used in the Chapter.