Commentary on Sections Part 12 - Sentencing Chapter 3 : Prison sentences of less than 12 months Section 184: Restrictions on power to make intermittent custody order
507.Intermittent custody may not be available in all parts of the country. Subsection (1) provides that a court must not make an intermittent custody order unless it has been notified by the Secretary of State that suitable arrangements are available in the relevant area. Subsection (2) requires the court to ensure that suitable prison accommodation is available for the custodial periods and that the offender has somewhere suitable to live during the licence periods. The court must consult an officer of the local probation board before making an intermittent custody order in respect of an offender. This is intended to assist the court in assessing whether the offender is suitable for intermittent custody.