Part 12 U.K.Sentencing

Modifications etc. (not altering text)

C1 Pt. 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

Chapter 3 E+WPrison sentences of less than 12 months

Intermittent custody E+W

183 Intermittent custody E+W

(1) A court may, when passing a sentence of imprisonment for a term complying with subsection (4)—

(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 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 182(1) and specified in the order.

(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 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—

(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—

(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 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

(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,

(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.

Modifications etc. (not altering text)

C2 S. 183 modified (26.1.2004) by The Intermittent Custody (Transitory Provisions) Order 2003 (S.I. 2003/3283), art. 2

Commencement Information

I1 S. 183 partly in force; s. 183(8) in force at Royal Assent, see s. 336(1); s. 183(1)-(7)(9) in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.