Commentary on Sections Part 12 - Sentencing Chapter 3 : Prison sentences of less than 12 months Section 183: Intermittent custody
506.Subsection (1) enables a court passing a sentence of imprisonment of under 12 months to specify the number of days the offender must serve in prison, and at the same time provide for his release on licence, subject to specified conditions, at set intervals throughout his sentence. Subsections (2) and (3) are interpretative provisions. Subsection (4) makes provision for the minimum and maximum length of the sentence, which like a custody plus sentence under section 165 must always be at least 28 weeks but no more than 51 in respect of any one offence. Subsection (5) provides for the minimum and maximum amount of time the offender must spend in prison. Subsection (6) prohibits a court from imposing a sentence of this nature unless the offender consents. Subsection (7) makes provision for consecutive sentences and limits the total term to 65 weeks, with a maximum of 180 days in custody. Subsection (8) enables the Secretary of State by order to make provision about licence periods that the court may specify. He may make provision about the length of licence periods (such as 86 or 120 hours) which enables the custodial days to be served during the week or at the weekend); particular days of the week on which licence periods may begin or end (to restrict custodial periods to weekends, for example); and periods including or not including specified parts of the week (for example ‘not Fridays’). Subsection (9) enables the court to require different requirements to be fulfilled within different time limits.