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CHAPTER 3. PART 1 : CUSTODY PLUS
ORDERS
Definition
3.1 Where an English court passing a sentence of
imprisonment of less than 12 months does not make a
Suspended Sentence Order, it has to make a Custody Plus
Order (Part 1 of this Chapter) or an Intermittent Custody
Order (Part 2 of this Chapter.)
3.2 The length of the sentence
must:
3.2.1 be expressed in weeks
3.2.2 be at least 28 weeks
3.2.3 not exceed 51 weeks in respect of any single
offence
3.2.4 not exceed the maximum term permitted for that
offence.
3.3 The court when passing sentence
must:
3.3.1 specify the custodial period at the end of which
the offender is to be released on licence, and
3.3.2 require the licence to contain one or more
requirements.
This licence period is referred to as the Custody
Plus Order.
3.4 The custodial period must be at least 2 weeks but
not more than 13 weeks in respect of any single
offence.
3.5 The licence period must be at least 26 weeks in
length.
3.6 Where consecutive sentences of imprisonment are
given, the total must not be more than 65 weeks and the
aggregate length of the custodial periods must not exceed
26 weeks.
Licence Conditions
3.7 Where more than one requirement is ordered as part
of the licence, the court may instruct different time
periods in relation to each requirement. (
Of course, the total period of the licence cannot be
exceeded.)
3.8 The different requirements that can be ordered as a
condition of licence are as follows:
(a) unpaid work (community service)
(b) activity
(not transferable to Scotland)
(c) programme
(not transferable to Scotland)
(d) prohibited activity
(e) curfew (normally electronically monitored)
(f) exclusion (normally electronically monitored)
(g) supervision
(h) attendance centre (under 25 year olds)
(not transferable to Scotland.)
3.9 A requirement of electronic monitoring may be made
in addition to any other requirement(s) imposed.
3.10 Of the requirements listed above, three may
not be transferred to Scotland: activity,
programme and attendance centre requirements.
3.10.1 In the case of activity requirements, there is no
Scottish reparative equivalent. Three areas are piloting
the new Scottish Community Reparation Order, but even here
our maximum penalty is 100 hours to be completed within 12
months. The English activity requirement is stated in days
to be done, maximum 60 days, and so there is no
corresponding Scottish structure.
3.10.2 In the case of programme requirements, it is an
English statutory requirement that all such programmes are
restricted to accredited programmes accredited by the
accreditation body. At present, the Scottish Accreditation
Body has not accredited any programme in Scotland. When it
does so, transfers may be accepted from England for those
programmes by the areas so accredited.
3.10.3 In the case of attendance centre requirements,
there is a statutory ban on transfer - we have no such
facility in Scotland.
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