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CHAPTER 3. PART 2 : INTERMITTENT CUSTODY
ORDERS
Definition
4.1 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 (this Part of this Chapter.)
4.2 The length of the sentence
must:
4.2.1 be expressed in weeks
4.2.2 be at least 28 weeks
4.2.3 not exceed 51 weeks in respect of any single
offence, and
4.2.4 not exceed the maximum term permitted for that
offence.
4.3 There are three essential elements of an
Intermittent Custody Order:
4.3.1 the court specifies the number of days that the
offender must serve in prison before being released on
licence for the remainder of the term; and
4.3.2 the court specifies periods during which the
offender is to be released temporarily on licence
before (s)he has served that number of days in
prison; and
4.3.3 the court may require any licence period to be
granted subject to compliance with one or more requirements
listed in 4.9 below.
4.4 The number of custodial days must be at least 14
and, in respect of any one offence, must not be more than
90.
4.5 An Intermittent Custody Order may not be given
unless the offender consents to serving the custodial days
intermittently.
4.6 Where a court wishes to impose an Intermittent
Custody Order in respect of two or more terms of
imprisonment that are to be served consecutively, then:
4.6.1 the aggregate length must not exceed 65 weeks,
and
4.6.2 the aggregate number of custodial days must not
exceed 180.
4.7 A court may not make an Intermittent Custody Order
unless:
4.7.1 it has consulted with a Probation Officer; and
4.7.2 there is suitable prison accommodation available
for the offender during the custodial periods; and
4.7.3 there is suitable accommodation available for the
offender during the licence periods.
Licence Conditions
4.8 Where more than one requirement is ordered to be
undertaken during the licence period, the court may
instruct different time periods for compliance in relation
to each requirement.
4.9 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 - see paragraph 3.10
above)
(c) programme
(not transferable to Scotland - see paragraph 3.10
above)
(d) prohibited activity
(e) curfew (normally electronically monitored)
(f) exclusion (normally electronically monitored)
(g) supervision
(h) attendance centre (under 25's)
(not transferable to Scotland- see paragraph 3.10
above.)
4.10 A requirement of electronic monitoring maybe made
in addition to any other requirement.
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