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)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 following provisions of this section unless the court makes an intermittent custody order (as defined by section 183).
(2)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
(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
(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 182(1) and specified in 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.
(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 than 65 weeks, and
(b)the aggregate length of the custodial periods must not be more than 26 weeks.
[F1(7A)For the purposes of subsection (7)(a) the aggregate length of the terms of imprisonment is not to be regarded as being more than 65 weeks if the aggregate of all the custodial periods and the longest of the licence periods in relation to those terms is not more than 65 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.
(9)Subsection (3)(b) does not apply where the sentence is a suspended sentence.
Textual Amendments
F1S. 181(7A) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 20(2), 153; S.I. 2008/1586, art. 2(1), Sch. 1 para. 10
Modifications etc. (not altering text)
C2S. 181 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 196(1), 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
C3S. 181(3)(b) modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 197(2), 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
(1)The requirements falling within this subsection are—
(a)an unpaid work requirement (as defined by section 199),
(b)an activity requirement (as defined by section 201),
(c)a programme requirement (as defined by section 202),
(d)a prohibited activity requirement (as defined by section 203),
(e)a curfew requirement (as defined by section 204),
(f)an exclusion requirement (as defined by section 205),
(g)a supervision requirement (as defined by section 213), and
(h)in a case where the offender is aged under 25, an attendance centre requirement (as defined by section 214).
(2)The power under section 181(3)(b) to determine the conditions of the licence has effect subject to section 218 and to the following provisions of Chapter 4 relating to particular requirements—
(a)section 199(3) (unpaid work requirement),
(b)section 201(3) and (4) (activity requirement),
(c)section 202(4) and (5) (programme requirement), and
(d)section 203(2) (prohibited activity requirement).
(3)Where the court makes a custody plus order requiring a licence to contain a curfew requirement or an exclusion requirement, the court must also require the licence to contain an electronic monitoring requirement (as defined by section 215) unless—
(a)the court is prevented from doing so by section 215(2) or 218(4), or
(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 supervision 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 215(2) or 218(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 with each other.
Modifications etc. (not altering text)
C4S. 182 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 196(1), 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Commencement Information
I1S. 182 partly in force; s. 182 not in force at Royal Assent, see s. 336(3); s. 182(1)(3)-(5) in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.