- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(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.
(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.
(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.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: