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Probation

Circular

INTERMITTENT CUSTODY REFERENCE NO:


PURPOSE 53/2005
To provide guidance on Intermittent Custody in the context of the other CJA
2003 sentences and provide an update on implementation. ISSUE DATE:
14th July 2005
ACTION
The Chiefs of the areas in which Intermittent Custody is live – see Annex A – IMPLEMENTATION DATE:
are asked to disseminate this Circular to relevant staff and implement the Immediate
guidance it contains.
EXPIRY DATE:
SUMMARY 14th July 2010
Intermittent Custody was the first of the sentences in the 2003 Criminal
Justice Act to be implemented: pilots involving two prisons, HMP Kirkham
TO:
(male offenders) and HMP Morton Hall (female offenders), began in January
2004. Three further probation areas – Bedfordshire, Cambridgeshire and Chairs of Probation Boards
Hertfordshire - joined Morton Hall’s catchment area on 20 June. Chief Officers of Probation
Secretaries of Probation Boards
Intermittent Custody allows offenders to complete custodial sentences of less
than 12 months in short blocks at the weekend or during the week rather
than in one continuous period. Offenders are on licence between the CC:
custodial periods. The intention is that this approach will avoid some of the Board Treasurers
negative outcomes that can accompany even a short period of custody such Regional Managers
as loss of employment or accommodation, while the punitive weight of the
sentence remains the same.
AUTHORISED BY:
Richard Mason
RELEVANT PREVIOUS PROBATION CIRCULARS
This Circular replaces PCs 61/2003 and 7/2004. Head of OASys and CJA unit

CONTACT FOR ENQUIRIES ATTACHED:


Dick Weber: 020 8774 0236 NOMS Community Integration Unit Annex A: List of Participating
Andy Howe: 020 8760 1828 NOMS Community Integration Unit Areas
Annex B: Enforcement issues
Adrian Wight: 020 7217 8047 NPD CJA Unit Annex C: Specimen PSR

Community Integration Unit are responsible for the Intermittent Custody


project. Further contacts are given at the end of the Circular.

National Probation Directorate


Horseferry House, Dean Ryle Street, London, SW1P 2AW
INTERMITTENT CUSTODY - GUIDANCE

1 Intermittent custody was the first of the sentences in the 2003 Criminal Justice Act to become operational, albeit
initially on a pilot basis. Since January 2004 the sentence has been running at two intermittent custody centres: HMP
Kirkham, near Preston, Lancashire, for men; and HMP Morton Hall, in Lincolnshire, between Newark and Lincoln, for
women.

2. With the exception of Custody Plus, which is due for implementation in Autumn 2006, the remaining CJA
sentences were implemented on 4 April this year.

3. Intermittent custody is a variation on Custody Plus intended to avoid some of the negative outcomes that can
accompany even short periods of custody, such as loss of employment, accommodation and/or family break-up. The
punitive weight of the sentence is the same as Custody Plus but the custodial periods are served, not in one continuous
period but in short blocks at the weekend or during the week, with the licence period running throughout the sentence.
For example, the overall sentence could be 28 weeks (imposed in the Crown Court) within which time 21 days custody
must be served over seven weekends. Once the final custodial block of the sentence has been completed, the offender
will remain on licence until the end of his or her overall sentence.

4 Additional provisions apply to intermittent custody:

• the offender must consent to the sentence; there is little point sentencing to intermittent custody an offender who will
simply refuse to turn up for a scheduled custody period or comply with licence conditions;
• the court must have consulted an officer of a local probation board (in practice the PSR should identify whether or not
the offender is suitable for intermittent custody);
• immediately before imposing the sentence the court must ensure that there is suitable prison accommodation
available for the offender during the custodial periods, ie that there is a bed available at an Intermittent Custody
centre; and
• the offender must have suitable accommodation available to him/her during the licence periods.

Length of intermittent custody sentences

5 Under the provisions of the Act, the same maximum and minimum periods of custody and sentence length apply
to both Custody Plus and intermittent custody. This is predicated on magistrates’ sentencing powers being increased so
as to allow them to impose custodial sentences of up to 12 months in respect of any one offence, and to impose a
custodial term of 65 weeks in respect of two or more offences to be served consecutively. The SGC Guidelines consider
that the demands of an intermittent custody sentence are generally considerably greater than for a custodial sentence to
be served immediately in full. The guidelines state that once a court has decided that an offender should be sent to
prison and has determined the length of the sentence, the overall length of the sentence should be reduced because it is
to be served intermittently.

6 The proposed increase in magistrates’ sentencing powers has not been introduced to coincide with the start of
the pilots of intermittent custody but instead is planned to be introduced at the same time as Custody Plus. As a result, it
was necessary to develop secondary legislation to allow intermittent custody to be imposed by magistrates within their
current sentencing powers. Under these arrangements the period of custody may be between 14 and 45 days, and the
licence period can be any period between a minimum of 14 weeks and whatever takes the sentence as a whole to not
more than 26 weeks.

7 The sentences of intermittent custody that can currently be imposed are as follows:

• Magistrates’ Courts - for any one offence the minimum overall sentence is 14 weeks and the maximum overall
sentence is 26 weeks. Within the overall sentence, the minimum custodial element is 14 days and the maximum
custodial element is 45 custodial days. For two or more consecutive sentences of intermittent custody the total term
must not exceed 52 weeks, and the total number of custodial days must not be more than 90 days.

• Crown Court - for any one offence the minimum overall sentence is 28 weeks and the maximum overall sentence is
51 weeks. Within the overall sentence, the minimum custodial element is 14 days and the maximum custodial
element is 90 days. For two or more consecutive sentences of intermittent custody the total term must not exceed 65
weeks, and the total number of custodial days must not be more than 180 days.

8 The sentencing court will specify when the custodial days must be served. Weekend intermittent custody will
normally run from Friday evening to Sunday evening and will count as three custodial days. Weekday intermittent

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custody will normally run from either Monday morning to Thursday afternoon, or Tuesday morning to Friday afternoon.
Each of these periods will count as four custodial days.

9 Offenders sentenced to intermittent custody serve the full number of custodial days; there is no remission. For
offences committed before 4 April 2005, any days spent by the offender remanded in custody will count against the
custody days imposed by the court. For offences committed on or after 4 April 2005, section 240 of the Criminal Justice
Act 2003 will apply and it will be for the court to direct the number of days spent by the offender remanded in custody
which will count against the custody days imposed by the court.

10 In all cases, the custodial days must be completed within the term of the sentence, ie the licence period. For
example, it will not be possible to impose 45 custodial days to be served at weekends within a total sentence of 14 weeks
because the custodial period will take 15 weeks (at three days per weekend) to be completed.

HDC

11 Offenders serving intermittent custody are eligible for Home Detention Curfew in exactly the same way as those
serving full-time custody. There is likely to be a strong presumption of their suitability for HDC.

12 To be eligible for HDC an offender must be serving a sentence of at least 42 custodial days and must have
completed at least 28 of those days or at least one half of the total number of custodial days in the sentence, whichever is
the longer. This means that offenders on intermittent custody must have served at least 28 days before they can obtain
HDC. It is not until the offender is sentenced to 56 custodial days or more that HDC can apply at the halfway point of the
sentence.

13 HDC days for offenders on intermittent custody are served intermittently, so they will be on HDC licence
only on those days when they would otherwise have been serving custodial days. Such offenders will remain
tagged, but the curfew will be monitored only on the relevant days. As in all other cases, monitoring and
enforcement of the HDC licence will be the responsibility of the electronic monitoring contractor.

Scope of the pilots

14 There are currently two intermittent custody (IC) centres available; these are at HMP Kirkham for male offenders
and HMP Morton Hall for females. There are 40 beds available at each centre, providing a maximum capacity of 80
places (40 at weekends and 40 on weekdays) at any one time. The Morton Hall catchment area is necessarily large to try
to achieve the maximum throughput of offenders.

15 A list of the participating probation areas is attached at Annex A. All the courts within these areas have been
authorised to impose intermittent custody orders, but courts outside the participating areas do not have that
authority and cannot sentence an offender to intermittent custody.

16 It follows that courts in the Kirkham catchment area will be able to impose intermittent custody orders on male
offenders who will be supervised by one of the probation areas which form the male catchment area. Similarly, courts in
the Morton Hall catchment area will be able to impose intermittent custody orders on female offenders who will be
supervised by one of the probation areas which form the female catchment area.

17 On 20 June the Morton Hall catchment area was extended to incorporate all courts in Bedfordshire,
Cambridgeshire and Hertfordshire probation areas. (These areas were notified of this in advance).

18 Plans for the further expansion of intermittent custody may be announced in due course, but full roll-out of the
sentence, on a national basis, is unlikely to be before implementation of Custody Plus.

Which offenders are suitable for intermittent custody?

19 Intermittent custody is intended to allow an offender to maintain any employment, education, accommodation,
caring responsibilities and family ties in the community. These are factors known to reduce the risk of re-offending.
Offenders with caring responsibilities may opt for intermittent custody if they find it easier and/or preferable to make

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alternative caring arrangements over weekends through family and friends, rather than have, for example, children taken
into care whilst full time custody is served.

20 Intermittent custody is available for those offenders whose offence, or the combination of the offence and one or
more offences associated with it, is so serious that the custodial threshold is crossed and where suspending the custodial
sentence or imposing a non-custodial sentence have been ruled out. Any PSR on a case where a public protection
sentence was possible would also need to address the ‘significant risk of serious harm’ issue first. As the SGC guidelines
make clear, passing the custodial threshold does not in itself mean that a custodial sentence is inevitable and custody
can still be avoided in the light of personal mitigation or where there is a suitable intervention in the community which
provides sufficient punishment whilst addressing the rehabilitative needs of the offender. If a custodial sentence is
unavoidable, the court may first consider a Suspended Sentence Order before deciding whether or not an immediate
custodial sentence should be served intermittently. The SGC guidelines also say that public safety should always be the
paramount consideration in deciding whether or not intermittent custody is appropriate and that the sentence should be
for the shortest time commensurate with the seriousness of the offence. Intermittent Custody is dealt with in the SGC
guideline New Sentences: Criminal Justice Act 2003.

21 The report writer will consider any purposes of sentencing indicated by the court and then make use of OASys to
assess the likelihood of reconviction. Assessment will be at the PSR stage and should be addressed in Standard Delivery
PSRs. A Fast Delivery PSR may be used if there is a current or recent OASys assessment covering the relevant issues.
Guidance cannot be prescriptive as each case needs to be considered on its merits. However, a specimen PSR is
attached at Annex C which indicates the issues which will assist the court in coming to a decision on whether IC would be
an appropriate custodial sentence. Meanwhile, the following considerations must be borne in mind:

• the nature of the index offence and any previous offences. The offender should not present a risk of harm to the
public such that he or she needs a period of immediate continuous custody;
• suitable offenders will normally present a low risk of serious harm, but some medium risk offenders will also be
suitable;
• sex offenders are not suitable for intermittent custody;
• offenders convicted of violence or burglary offences may be suitable, depending upon the outcome of the risk
assessment;
• the offender must have suitable accommodation in the community for the licence periods;
• the offender’s health and any substance misuse. Offenders with serious drug/alcohol dependency and/or at an
early stage of detoxification or with serious mental health problems are not suitable;
• the criminogenic needs of the offender (see paragraph 30 below for further details of the IC centre regimes); and
• the offender’s attitude to intermittent custody. The offender’s consent is required for the sentence to be imposed (see
paragraph 8, above).

22 There may be other practical considerations. The offender must be able to travel to and from the IC centre within
a reasonable time. Staff at the IC centres will have the necessary knowledge to advise probation areas on travelling
times. Arrangements will be made at each IC centre to provide transport to and from the nearest train and bus stations to
the prison.

23 Practical issues involving travel arrangements to/from an IC centre must be discussed with the offender.
Offenders have coped well with journeys, which were sometimes complex and demanding. They have accepted a degree
of inconvenience in this aspect of the sentence in order to secure the positive benefit of maintaining their employment or
caring responsibilities in the community.

24 There may be cases, particularly involving female offenders, in which a court would wish to impose an IC
order but is reluctant to do so because of serious concerns about the complex or time-consuming nature of the
travel arrangements. Before imposing an alternative sentence the court should raise these concerns with the
relevant IC centre which may be able to identify alternative travel options, including the use of Probation Service
volunteer drivers where available, which would simplify the offender’s journey and make IC a viable option.

25 As with approved premises it will be necessary to check that there is a place available at the IC centre. The PSR
must include a recommendation on whether the offender is suitable for Weekend or Weekday custody, advice on arrival
and departure times and an initial indication of whether a place is likely to be available.

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Licence conditions and interventions

26 Standard licence conditions will apply to intermittent custody sentences, but following recent legal advice, the
court must impose as a licence condition at least one of the additional requirements set out in section 182(1) of the Act.
The additional Requirements are:

• unpaid work requirement;


• activity requirement;
• programme requirement
• prohibited activity requirement;
• curfew requirement;
• exclusion requirement;
• supervision requirement; and
• attendance centre requirement (for offenders aged under 25).

27 It will be for the PSR writer to advise the court of the most appropriate licence condition(s). However where the
court does not wish to make an IC sentence too onerous, it can be advised that a supervision requirement alone might be
a sufficient additional requirement. In practice, this will ordinarily amount to no more than the standard licence conditions
which will apply to all new sentences.

28 Different requirements can be fulfilled within different time limits so that requirements can be sequenced during
the sentence. It must be borne in mind, however, that the current constraints on magistrates’ sentencing powers mean
that there may be little time to work with the offender in the community. PSR writers will need to take account of this in
considering recommendations on the content of the sentence in order that the requirements can, in practice, be delivered.
As the SGC Guideline says “ the practical workings of an intermittent custody sentence will effectively rule out the use of
the longer or more intensive community requirements. Requirements such as curfews, prohibited activity and exclusion
requirements might be appropriate in particular cases”.

29 Under the provisions of the Act an accredited programme may be imposed only on the recommendation of the
National Probation Service.

30 The nature of the sentence means that most interventions are delivered while the offender is in the IC centre. For
example, offenders may be in full time employment during the week and in custody at the weekend, or in custody during
the week and in the community at weekends and the licence period may not extend significantly beyond the end of the
custodial phase.

31 In relation to an exclusion requirement, pilots for exclusion orders, requirements and conditions using satellite
tracking technology to monitor compliance began to operate in September 2004. The pilots are operating in three
probation areas (Greater Manchester, Hampshire, West Midlands) and are focussing on prolific offenders, domestic
violence offenders and sex offenders. Outside the pilot areas, exclusion as a licence condition may be imposed but
electronic monitoring is not available to monitor compliance. The level of seriousness of an exclusion requirement as part
of an IC sentence will be determined by the court. But in the light of the overall punitive weight of the intermittent custody
sentence, as a guide a PSR should normally propose a low/medium level of restriction (as defined in the National
Implementation Guide) of 2-6 months, with the emphasis at the lower end of this restriction.

32 The IC centre regimes focus mainly on the provision of education and employment skills. This will primarily
benefit offenders who are unemployed, and likely to be in custody during the week, but it can also assist employed
offenders to improve their skills and widen their job opportunities. Interventions ordinarily include:

• unpaid community work, possibly on ROTL, which may incorporate a guided skills element similar to the Unpaid Work
requirement in the community order - for Weekend offenders there will be a maximum of one session (5 hours) of
community work, and for Weekday offenders a maximum of two work sessions during each custodial period;
• basic skills and mainstream education provision through local education providers and Learn Direct;
• access to Jobcentre Plus staff and information
• mentoring;
• community health programmes such as healthy lifestyles, sexual health, positive parenting, first aid courses;
• CARATS;
• general help and advice in accessing information services; and
• one-to-one work with probation staff.

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33 Given that unpaid work will form part of the IC centre regime and that custody primarily satisfies the punitive
element of the sentence, there are likely to be few cases in which unpaid work as a licence condition is appropriate.

Exclusion requirement and victim contact

34 As stated above, the power to impose an exclusion requirement is available to the courts. But the power to
impose an electronic monitoring requirement to monitor compliance is only available to the courts in the three pilot areas
listed in paragraph 31.

35 Exclusion Requirements where the aim is to exclude the offender from an area associated with a victim are
unlikely to be imposed in relation to intermittent custody given that public safety is paramount in determining whether or
not the sentence is appropriate. Other than for offenders sentenced to over 12 months imprisonment there is no statutory
requirement to contact the victim with regard to any exclusion requirement, but this would be good practice where there is
a direct victim and the exclusion zone is intended to protect that person. In these circumstances the PSR writer should
consider such contact, where possible. It is recommended that the PSR writer should seek advice from their Victim
Liaison Unit on the appropriate way to handle this contact and it must be in keeping with the Lord Chief Justice’s Practice
Direction of 16th October 2001 meaning that information gained from contact with the victim cannot be used in the PSR.
Post sentence, the case manager should ensure that the supervision plan addresses how communication with the victim
about the sentence is to be arranged. Such arrangements could be modelled on those in place for victims where the
probation service has statutory duty of contact. Information about the current victim contact scheme and licence
conditions/exclusion zones is contained in Part I of PC 28/2003 “Victim Contact Work: Guidance on Recent Court
Judgments” and paragraphs 6.26 to 6.30 of PC 29/2003 “Victim Contact Work: Revised Sections 6 (Stage 2) and 9 of the
Guidance to areas. Queries about the victim contact arrangements should be directed to the local victim liaison officer.

Consent to intermittent custody

36 Intermittent custody can be imposed only where the offender consents to the sentence. The sentence must be
explained to the offender at the PSR interview and the practical arrangements such as travelling, child care, etc will need
to be explored. A revised leaflet will shortly be issued to give to the offender about the sentence and it is strongly
suggested that this information is attached to the PSR for the benefit of the sentencer. An electronic version of the leaflet
will be made available so that areas can adapt the format as necessary for inclusion with the PSR.

Benefit Payments

37 When the Intermittent Custody pilots began in January 2004, agreement had not been reached with the
Department for Work and Pensions on the benefits entitlement of unemployed IC offenders. Subsequently, an
agreement was reached with DWP, which will preserve the pre-existing entitlements of IC offenders provided that
there has been no change in other relevant circumstances. In most cases, the offender will retain benefits
entitlement on a pro rata basis, depending upon the number of nights spent in custody each week. It is vital that
the IC offender contacts their local benefits office as early as possible in order to clarify their on-going level of entitlement.
Ideally, this contact should take place before sentence, so that the offender will be able to make an informed decision on
the merits of IC, including the impact of the sentence on the amount of benefit which will be paid. Preservation of benefits
eligibility means that IC is a genuine option for those unemployed offenders who wish to maintain family and community
contact on an intermittent basis.

38 The transport costs of IC offenders will be paid by the Prison Service and, where necessary, travel warrants will
be issued. (see paragraph 46 and 47 below)

Sentencing and the start of the sentence

39 The sentencer must confirm the offender’s consent at the time of sentencing. The court must also confirm that a
place is available at one of the two IC centres available for the pilots, though, in practice, they will probably look to the
probation service to provide such confirmation.

40 It is possible that a place might not be available at an IC centre for an offender on whom the court proposes to
impose a sentence of Weekend custody. In this situation, it would be appropriate to raise with the offender the option of
Weekday custody as an alternative to a sentence of full-time custody. It is unlikely that Weekday IC would fully meet an
offender’s needs in relation to employment, education and (possibly) caring responsibilities, but it would enable them to
maintain family and community links.

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Arrival and Departure times

41 Most offenders receiving Intermittent Custody will not go straight into custody but will be released on licence until
the start of the first custodial period. The courts will need to state the exact date and time at which the offender must
present himself or herself at the IC centre and define when that first custodial period will begin and end. This will set the
custodial pattern for the custodial and community periods during the sentence. Dates and times will need to take into
account travelling times to and from the Intermittent Custody centre and any responsibilities of the offender. As a guide,
the report time for weekday Intermittent Custody will normally be 12 noon on the Monday or Tuesday with release usually
at 2pm on the Thursday or Friday. For weekend Intermittent Custody the report time will normally be on Friday between
5.00pm and 9.00pm and release time usually between 4.00pm and 6.00pm on Sundays.

Copy of licence

42 In most Intermittent Custody cases offenders will begin their sentence with the first period of licence. This will
begin as soon as the offender has been released from the court. Once the sentence has been announced, therefore, the
offender must be given a copy of the licence (which covers the period between sentence and the offender’s initial
reception at the Intermittent Custody centre) and a map of any exclusion zone, before leaving the court. The court will
need to contact the Intermittent Custody centre to provide the details of the sentence so that the licence can be prepared
and faxed back to the court. There will be a standard format for the licence to minimise any delays in the process. A
short guidance note will be faxed with the licence providing advice on handing over the document to the offender. The
court will need to ask the offender to wait in the court building until documentation has been received.

43 Once an intermittent custody sentence has been imposed it is vital that the offender is not held in a cell
or in any form of custody while the administrative arrangements are completed. This is because any time spent
in custody by the offender, even a few minutes, will count as a custody day when calculating the custodial
element of the sentence.

44 The conditions of the licence will need to be explained clearly to the offender by probation staff and a copy of the
licence signed by the offender to that effect. Should the offender refuse to sign the licence a member of probation staff or
the court staff will need to sign the licence and write on it that the effect of the document has been explained to the
offender but that he/she refused to sign it. The licence then needs to be counter-signed by either another member of
probation staff or one of the court staff.

45 Once the licence has been signed the offender must keep a copy of the licence and the court staff or probation
staff must fax a copy to the Intermittent Custody centre before sending the original by first class post. Thereafter, the
Intermittent Custody centre will issue a licence to the offender to cover the rest of the community part of the sentence.
When the offender leaves court he/she will have the licence issued by the IC centre and a copy of the court order
containing the precise details of the sentence including a map of any exclusion area.

Fares

46 It will be necessary for the first journey made to the Intermittent Custody centre to be funded by the Probation
Service and subsequently reimbursed by the Prison Service. Probation staff should issue travel assistance in the usual
way, which may vary between areas but would include bus tokens, travel warrants or, when circumstances require, small
amounts of money. In most cases this will need to be done at the court when the licence is handed over and explained.
However, there may be cases where an offender is sentenced to weekend custody but will not be required to attend the
centre until the following week, in which case the fare could be issued at a subsequent probation appointment prior to the
first journey to prison. Thereafter, the Prison Service will issue the fares to and from the centre each week.

47 Arrangements will need to be made by each area with the relevant IC centre for reimbursement. In some areas a
weekly or monthly return might be appropriate whilst some areas may seek individual repayments. Local finance officers
should contact the finance officers at the Intermittent Custody centres to agree the procedures.

Required level of contact on licence

48 National Standards for the minimum levels of contact with the offender on licence will apply. In the case of IC, this
will require minimum contact as follows:

49 Contact with the offender on the day of sentence may count as the first appointment.

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50 Thereafter, arrangements should be made for weekly contact during the first sixteen weeks of the overall
sentence and then redefined following an OASys review. However, contact should remain at least 4-weekly throughout
the latter part of the sentence.

51 Arrangements must be made for the offender to be seen by the supervising officer immediately following the end
of the custodial phase of the sentence and, thereafter, at least 4-weekly until the end of the overall sentence.
Arrangements may also have to be made to see the offender at additional times in order that the supervision plan and
licence conditions are fulfilled. The need for additional contact will be based on the supervising officer's professional
judgement of the offender's response to the sentence and on information from other relevant sources, including reports
on the offender's custodial behaviour from the IC centre.

Case management

52 During the custodial phase of the sentence, case management will be the responsibility of probation staff (the
offender manager) in the home probation area. This will include responsibility for preparing and updating OASys, and
formulating the sentence plan. Both of these tasks, along with managing the delivery of interventions, will need to be done
in close collaboration with staff at the IC centre.

53 There are computer terminals at the IC centre giving access to the probation intranet for the exchange of OASys
and other information.

54 Once the custodial phase of the sentence is over, it will be necessary for the home probation area to review the
supervision plan and, where appropriate, consider an exit strategy for the offender.

55 Decisions on breach of licence conditions will remain with the supervisor of the licence in the home probation
area. This is covered in greater detail immediately below.

Variation of Licence

56 It is possible to request that a licence condition or court requirement be varied and/or deleted or an additional
condition or court requirement be inserted. Requests to vary, insert or delete additional court requirements must be made
by the offender manager direct to the appropriate court (see paragraphs 4-12 of Annex B).

57 The Secretary of State has the power to vary, insert or delete standard or additional licence conditions. In
practice, it is considered extremely unlikely that there will be a need to alter any of the standard conditions of the licence,
but it may be deemed necessary to include, vary or delete one or a number of the additional licence conditions.

58 The Governor of the Intermittent Custody centre has delegated authority to vary, insert or delete the majority of
the prescribed additional conditions, save for requests relating to Electronic Monitoring as a licence condition, Drug
Testing as a licence condition and those concerning exclusions zones. Requests relating to electronic monitoring and
drug testing should be submitted to Laura Gould at the Release and Recall Section of the Home Office. Requests in
respect of exclusion zones (which must be necessary and proportionate) must be accompanied by a map, clearly defining
the area from which the offender is to be prohibited, reasons for the request, details of the index offence and previous
convictions. These should be referred to Simon Holmes who is also based at the Release and Recall Section. Simon
can be contacted on 020 7217 5389. Laura Gould can be contacted on: 020 7217 2063. The fax number for both Simon
and Laura is: 020 7217 5223. Most requests can be dealt with quickly if necessary, but the normal turn-around time is
five working days. In the case of Electronic Monitoring and Drug Testing the request should be submitted as soon as
possible after the sentence in order to give time for due consideration and the necessary checks to be made. Requests
should be submitted in accordance with previously issued instructions, on either an EM1 or DT1.

59 In the very unlikely event of a request to vary or delete one of the standard conditions this must also be referred
to Simon Holmes (020 7217 5389) for consideration.

Enforcement and variation of sentence

60 Staff at the IC centre will take decisions about unacceptable behaviour at the IC centre, failure to arrive at the
centre for a custodial period, breach of ROTL and absconding from custody.

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61 Prison Rules apply to offenders in IC centres and disciplinary measures can be taken to deal with unacceptable
behaviour in custody. But where the offender is deemed no longer suitable for intermittent custody on the grounds of
unacceptable behaviour an application must be made to the appropriate court for a variation of the sentence to full-time
custody.

62. The “appropriate court” means:

• where the sentence was imposed by the Crown Court, any Crown Court authorised to impose intermittent custody
sentences;
• where the sentence was imposed by a magistrates’ court, a magistrates’ court within the same Petty Sessional Area
of the sentencing court and which is itself authorised to impose intermittent custody sentences. Where possible, it is
good practice to apply to the sentencing court.

63 There will need to be close liaison between staff at the IC centre and their colleagues in the home probation area
during the decision-making process leading to an application to vary an offender’s sentence. However, it will be the
responsibility of staff at the IC centre to prepare the case for presentation at court. This will include the written grounds
for the case, including a detailed account of the circumstances that have led to the application to court for amendment
and any actions taken to discipline the offender prior to the application. Staff at the IC centre will also liaise directly with
the appropriate court to secure the earliest possible date for the hearing.

64 Staff at the IC centre must notify colleagues in the home probation area of the date of the hearing and then pass
on all the relevant papers to the home probation area, which will be responsible for ensuring that the case is presented at
court. There must be close liaison between the IC centre and the offender’s home probation area to ensure that the case
is ready, the home probation area is informed at the earliest opportunity of the court date and the papers for the hearing
are received in good time.

65 Any offender who is returned to custody after being found unlawfully at large will be returned to the closest
available prison, not the IC centre. The circumstances of the offender’s absence will be reviewed by the Governor of the
holding prison and the manager at the IC centre. A decision will be taken either to return the offender to the IC centre to
resume the intermittent custody sentence, or to apply for variation of sentence to full time custody. An application to the
court for variation must be made within 72 hours of the offender’s return to custody and the same process would
apply as set out above. Once an application has been made for variation of sentence to full-time custody, the offender
will remain in prison, on a full-time custody basis, until the court takes a decision on the application.

Issues involving variation of licence and general enforcement matters

66 Full details of sentence enforcement arrangements are contained in Annex B to this circular.

67 Responsibility for deciding whether or not the offender has breached the licence conditions of the sentence will
rest with the supervisor of the court licence in the home probation area. National Standards on enforcement will apply
and the home probation area must inform the IC centre of any actions taken at the earliest opportunity.

68 If the Release and Recall Section decide to recall the offender to custody he or she will be returned to the nearest
local prison. The Parole Board will review the recall decision and set a date for release or further review, depending on
the length of sentence and the particular circumstances of each case.

69 Legal advice on breach of licence conditions and recall procedures is that an IC offender’s licence can be
revoked (and the offender recalled to custody pending a review by the Parole Board) only during the currency of the
specific licence period when the alleged beach occurred. Once an IC offender returns to the IC centre for his/her next
custodial period the licence on which they were released ceases to exist and cannot be revoked.

70 It follows that if an offender is discovered to be in breach of his/her licence conditions, to the extent that they are
no longer suitable for intermittent custody, or commits a further offence which similarly makes them unsuitable for
intermittent custody, any application for recall must be make to RRS as quickly as possible to enable a decision to be
made before the offender’s return to the IC centre at the end of the licence period.

71 Where it is not possible to submit a recall application before the offender’s return to the IC centre (perhaps
because details of further offences are not discovered in time), it will be necessary to apply to the appropriate court for a
variation to full-time custody (see paragraphs 63-67, above).

PC53/2005 – Intermittent Custody 9


72 On the application of the offender or the responsible officer, in practice the supervisor of the court licence in the
home probation area, it is also possible to apply for an amendment of sentence where the offender’s circumstances
change. For example, where the offender loses or obtains a job, a variation may be sought to move to full time custody
or to change the periods when custody is served.

73 Enforcement of the HDC licence rests with the electronic monitoring contractor, as with all other offenders on
HDC. The contractor must inform both the IC centre and the home probation area of any enforcement action taken.

74 The decision on whether to recall to custody an offender in breach of their HDC licence rests with the Release
and Recall Section. Where RRS decide to recall the offender to custody, the avenue of appeal will be to the Secretary of
State.

75 An offender recalled to custody following a breach of their HDC licence will be required to complete any
remaining custodial days on an intermittent basis, on the same pattern as their original custodial blocks.

76 In the event of a recall following a breach of an HDC licence the home probation area and the IC centre must
immediately review the circumstances of the case to determine the need for an immediate application to vary the
offender’s sentence to full-time custody.

Reimbursement of court costs

77 In those cases in which the home probation area presents the case at court for variation of sentence on behalf of
the Intermittent Custody centre following unacceptable behaviour in custody, the Prison Service will reimburse the legal
costs incurred for contested cases in the magistrates’ courts and for all cases in the Crown Court. As above, local finance
officers will need to contact establishment finance officers to set up the necessary arrangements.

General considerations
78 Intermittent custody is a new and innovative sentence which presents new issues in terms of offender
management. It also provides learning about the management of custodial/community links, which will help to support
the introduction of Custody Plus. This guidance cannot address all the circumstances that may arise and will be subject to
review as the pilots progress and lessons are learnt from each case. It is especially important that:

• probation staff give every consideration to intermittent custody in suitable cases so that we can establish the profile
of such offenders and make maximum use of the new sentence;
• close co-operation and working is developed between the probation service, courts and IC centres; and
• that offenders are given appropriate support to manage the particular demands of the sentence.

Learning from the opening phase of Intermittent Custody


79 The expansion of intermittent custody will provide an opportunity to learn more about the practical application of
the sentence, but the learning from the first 16 months of operation has included the following headline points:

• During the first 16 months of operation a total of 250 IC orders was imposed by courts involved in the pilots;
• The majority of orders have involved Weekend custody, but the agreement with DWP on benefits entitlement (see
paragraph 40, above) has opened the way to increased use of Weekday IC for unemployed offenders
• No significant evidence has emerged to indicate that intermittent custody has led to net-widening (using IC in place of
a community sentence) on the part of sentencers;
• Offenders have welcomed the opportunity provided by intermittent custody to maintain their responsibilities in relation
to employment, education and caring.
• This positive response on the part of offenders has been reflected in a very high level of compliance. During the first
16 months, only five offenders failed to arrive for a scheduled custody period and only one offender had their
sentence varied from intermittent to full-time custody on the grounds of unacceptable custodial behaviour;
• Offenders have coped well with the demanding nature of the sentence, particularly the discipline required to
undertake weekly journeys to/from the IC centres. Even where the travel arrangements have been lengthy and
arduous, offenders have been prepared to accept the inconvenience involved in order to maintain their employment
and family commitments.

PC53/2005 – Intermittent Custody 10


Contact Details
Intermittent Custody Centres

Kirkham: Telephone: 01772 675720 (Direct Line)


01772 675400 (General Switchboard)
01772 675711 (IC Centre Fax)

Morton Hall: Telephone: 01522 666840 (Direct Line)


01522 666700 (General Switchboard)
01522 666844 (IC Centre Fax)

NOMS Headquarters: Telephone: 020 8760 1849 Margaret Farrow


020 8760 1828 Andy Howe
020 8774 0236 Dick Weber

Release and Recall Section Telephone: 020 7217 2063 Laura Gould
020 7217 5389 Simon Holmes
020 7217 5223 (RRS Fax)

National Probation Directorate (CJA Unit)

Telephone: 020 7217 8047 Adrian Wight

PC53/2005 – Intermittent Custody 11


ANNEX A

INTERMITTENT CUSTODY

LIST OF PARTICIPATING PROBATION AREAS

The catchment areas for the pilots of intermittent custody based at HMP Kirkham (male
offenders) and HMP Morton Hall (female offenders) are based in the following Probation
Service areas:

Kirkham Morton Hall

Greater Manchester Bedfordshire (from 20 June 2005)


Lancashire Cambridgeshire (from 20 June 2005)
Derbyshire
Greater Manchester
Hertfordshire (from 20 June 2005)
Humberside
Leicestershire
Lincolnshire
Nottinghamshire
South Yorkshire
Staffordshire
West Midlands
West Yorkshire

All courts in the male catchment area are authorised to impose IC sentences on adult male
offenders who will be supervised by either of the Probation Services which form the male
catchment area. Similarly, all courts in the female catchment area are authorised to impose
IC sentences on adult female offenders who will be supervised by one of the Probation
Services which form the female catchment area.
ANNEX B

INTERMITTENT CUSTODY

NOTE ON SENTENCE ENFORCEMENT

INTRODUCTION

1. The purpose of this note is to provide guidance on the enforcement process in


relation to intermittent custody (IC) sentences to staff working in IC centres, home probation
areas, the courts and other partner agencies.

2. The guidance is designed to cover a range of enforcement situations, including


misbehaviour or lack of compliance in both the custodial and community setting.

3. The following situations are covered by the guidance:

i. Late return for the start of a custodial period;


ii. Failure to arrive for a custodial period or failure to return from a period of
release on temporary licence (ROTL);
iii. Unacceptable behaviour during a custodial period or breach of ROTL
conditions;
iv. Offender commits a criminal offence during a custodial period or whilst on
ROTL;
v. Abscond from IC centre;
vi. Offender charged with further offence in the community;
vii. Offender breaches terms of IC order by failing to meet reporting/supervision
requirements or any additional requirements contained in the order; and
viii. Breach of HDC licence.

Appropriate Court

4. In the context of this guidance, “appropriate court” means:

i. Where an IC order was imposed by the Crown Court, any application for
variation of sentence must be made to the Crown Court. There is no
requirement to return to the sentencing court, although that would be good
practice, but the application must be made to a court authorised to impose IC
sentences;

ii. Where an IC order was imposed by a magistrate’s court, an application for


variation of sentence must be made to a magistrate’s court which has been
authorised to impose IC sentences and from within the same Petty Sessions
area as the original sentencing court. Again, it would be good practice to apply
to the sentencing court.

Intermittent Custody PC53/2005 Annex B Enforcement


Variation to Full-Time Custody

5. An application for a variation of an offender’s IC sentence to one of full-time custody


will ordinarily be made as a response to misbehaviour on the offender’s part during the
custodial element of the sentence. In addition, this procedure may be required following a
failure to comply with a community aspect of the IC sentence which cannot be managed
under the existing recall procedure.

6. The process for securing a variation to full-time custody requires close liaison between
the IC centre, the home probation area and the court. The nature of the offender’s
misbehaviour and its potential impact on other IC offenders may make it vital to secure the
earliest possible hearing of the application.

7. In the case of an application for variation of sentence, a manager at the IC centre will
prepare written grounds. The written grounds must provide a detailed account of the
circumstances which have led to the application; including, where appropriate, details of
alternative options which have been considered/tried in the light of the offender’s behaviour.

8. The manager at the IC centre will liaise directly with the appropriate court to secure
the earliest possible hearing of the application.

9. Once the date of the hearing has been fixed, the manager at the IC centre will pass
the relevant papers to the home probation area to present the case in court.

10. There must be very close liaison between the IC centre and the offender’s home
probation area to ensure that the case is ready, the home probation area is informed at the
earliest opportunity of the court date and the papers for the hearing are sent in good time.

11. Where the original IC order was imposed by the Crown Court, an application for a
variation of sentence to full-time custody can be made direct to the appropriate Crown Court.
There is no need to have the case remanded to the Crown Court by a magistrates’ court
because the Crown Court can issue its own summons (Criminal Justice Act, 2003, Schedule
10, paragraphs 5 and 8).

12. Where an application for variation of sentence is made by the IC centre (on behalf of
the Secretary of State) on the grounds of an offender’s misbehaviour, the offender will have
to attend the court for the hearing. However, there may be cases in which the variation is by
consent, effectively on the application of the offender. This might involve an application for a
variation from Weekday to Weekend custody if an offender has gained employment, or a
variation from IC to full-time custody where the offender no longer wishes to serve the
sentence intermittently. In these latter situations, there would be no need for a summons or a
full hearing at all and the application would be dealt with by the court, whether the Crown
Court or a magistrates’ court) “on the papers”.

ENFORCEMENT SITUATIONS WITHIN A CUSTODIAL CONTEXT

13. Offender is late returning to the IC Centre for the start of a custodial block.

i. The offender may have an explanation for being late; it is important to check the
veracity of any excuses.

Intermittent Custody PC53/2005 Annex B Enforcement


ii. If the offender has no explanation or the explanation offered is not acceptable,
the offender must not be charged under Prison Rules, which apply only after
the offender has actually arrived at the IC Centre.

iii. The precise nature of each incident will determine the response in each case,
but the immediate options are limited to action under the IEP scheme or a
warning as to future conduct.

iv. Where an offender returns late, the responsible offender manager will need to
be informed, as will the local Police Liaison Officer.

v. In the case of repeated late arrivals or one particularly serious incident of late
arrival, there will need to be discussion with the responsible offender manager
about the possibility of an application to the appropriate court for a variation of
sentence to full-time custody.

14. Offender fails to report to the IC Centre when expected for a custodial block or
fails to return from a period of Release on Temporary Licence (ROTL).

i. In the absence of an acceptable and verifiable explanation, the offender must


be reported to the Police as unlawfully at large (UAL).

ii. When arrested the offender will be held in the nearest local prison.

iii. In the case of a ROTL failure, but not for a failure to report for a custodial block,
the offender will be charged under Prison Rules, and the adjudication will be
opened and adjourned.

iv. The Police will consider charging the offender under the Prisoner (Return to
Custody) Act 1995.

v. Other than in exceptional circumstances, the IC Centre will arrange for an


application for a variation of sentence to full-time custody. The application
must reach the appropriate court within 72 hours of the offender’s return
to Prison Service custody.

vi. In the case of a ROTL failure, if the Police do not press charges, the hearing
under Prison Rules will proceed.

15. Offender misbehaves in IC Centre or breaches temporary release (ROTL)


conditions.

i. In the first instance, staff will encourage better behaviour and monitor progress.

ii. If no improvement takes place or the misbehaviour is sufficiently serious, IC


staff will consider action under the Incentives and Earned Privileges scheme or
a charge under Prison Rules.

iii. In particularly serious individual cases or as a final resort following continuing


poor behaviour, an application will be made to the appropriate court for a
variation of sentence to full-time custody.

Intermittent Custody PC53/2005 Annex B Enforcement


16. Offender commits criminal offence at IC Centre or whilst on temporary licence
(ROTL).

i. The offender will be charged under Prison Rules and the adjudication will be
opened and adjourned.

ii. If they are not already involved, the matter must be referred to the Police for
investigation and possible further charges.

iii. An immediate application must be made to the appropriate court for a variation
of sentence to full-time custody.

iv. If the Police do not proceed with further charges, the hearing under Prison
Rules will proceed.

17. Offender absconds from IC centre.

i. The offender must be reported to the Police as UAL.

ii. When arrested the offender will be held in the nearest local prison.

iii. On his/her return to Prison Service custody, the offender will be charged under
Prison Rules, and the adjudication will be opened and adjourned.

iv. The Police will consider charging the offender with escaping from lawful
custody.

v. The IC Centre will arrange for an application for a variation of sentence to full-
time custody to reach the appropriate court within 72 hours of the offender’s
return to Prison Service custody.

vi. If the Police do not proceed with a charge of escaping from lawful custody, the
hearing under Prison Rules will proceed.

18. Offender is charged with a further offence in the community.

19. Legal advice on breach of licence conditions and recall procedures is that an IC
offender’s licence can be revoked (and the offender recalled to custody pending a review by
the Parole Board) only during the currency of the specific licence period when the alleged
breach occurred. Once an IC offender returns to the IC centre for his her next custodial
period, the licence on which they were released ceases to exist and cannot be revoked.

20. If an offender is discovered to be in breach of his/her licence conditions or commits a


further offence, they must be risk assessed to determine their on-going suitability for IC. If
they are considered no longer suitable for IC, it follows that any application for recall must be
made as quickly as possible to enable a decision to be made before the offender’s return to
the IC centre at the end of the licence period.

21. The arrangements described below cover a situation in which an application for
revocation of an IC offender’s licence takes place during the currency of the licence period
when the alleged further offence has occurred.

Intermittent Custody PC53/2005 Annex B Enforcement


i. The Probation Service will apply to the Release and Recall Section of the
Home Office (formerly SEU) for the offender’s recall.

ii. If the offender is recalled, he/she will be arrested and returned to full-time
custody.

iii. Once the offender has been returned to custody, the Parole Board will review
the case. Their role is covered by paragraph 71 of PC 16/2005, which states:

“The assumption is that, wherever possible, the Parole Board will look to re-
release the prisoner as soon as it is practicable and safe to do so. In making its
decision, the Board will want to be satisfied that the arrangements for the
offender’s supervision are sufficient to manage risk in the community in the
future. Therefore, the risk management plan will play a critical part in
determining when the prisoner is re-released.”

22. If the Parole Board determines that the recall decision was not justified, the
offender will be released back on to IC, either to a period of custody, or to a period on
licence, or, if all the custody days in the original IC sentence have been served since the
recall, to a release licence which will continue until completion of the overall sentence.

23. If the Parole Board determines that the recall decision was justified, the Board
must decide whether to:

i. Set a re-release date. This could be immediate or at a future date. Where the
Board decides to re-release straight away, it will usually set the release date as
the next but one working day in order to give the Probation Service time to
make any necessary arrangements. The effect on IC offenders of this decision
will be as above. Alternatively, the Board could set a future date for release, so
that the offender serves the remainder of the IC period in custody, but is
released on licence for the remainder of the sentence as normal.

or

ii. Set a date for a further review of the prisoner’s detention. The Parole
Board is required to state what initial information it will need at the point at
which the case is reviewed. In IC cases, the Board is unlikely to set a further
review. However, if it does the Board will specify what further information is
needed to be able to review the case.

24. If there are fewer than 12 months until the end of the overall sentence or sentence
expiry date (SED), the Parole Board may decide not to set a re-release date or further review
date. In this circumstance, the prisoner will be released upon the expiry of the sentence. For
IC offenders, this will mean staying in full-time custody until the end of the overall sentence
(SED).

25. Where it is not possible to submit an application for revocation of licence before the
offender’s return to the IC centre (perhaps because details of further offences are not
discovered in time), the risk assessment process described in paragraph 20, above, must be
undertaken. If the offender is considered no longer suitable for IC, it will be necessary to
apply to the appropriate court for a variation to full-time custody (see paragraphs 4-12,
above).

Intermittent Custody PC53/2005 Annex B Enforcement


26. Offender fails to respond to the reporting requirements of supervision in the
community or any additional requirements of the IC order

27. The arrangements in respect of a breach of licence conditions or any additional


requirements of the IC order are similar to those in respect of a further offence. In other
words, an application for revocation of licence can only be made during the currency of the
licence period during which the breach has occurred (see paragraphs 19 – 20 and 25,
above).

i. It will not be appropriate to allow an offender to ignore, even for a brief period,
requirements which are integral to the IC sentence and which, by their
imposition, may have served to reduce the custodial weight of the sentence.

ii. In the first instance, the home probation area will ordinarily seek to manage the
offender into an appropriate pattern of behaviour in relation to the supervision
and any additional requirements of the IC order.

iii. However, in particularly serious cases or where the offender fails to respond
quickly to the managed approach, the home probation area must apply to the
Release and Recall Section of the Home Office for the offender’s recall.

iv. If the offender is recalled, he/she will be arrested and returned to full-time
custody.

v. Once the offender has been returned to custody, the Parole Board will review
the case as described at paragraphs 21(iii) – 24, above.

28. Offender fails to comply with the terms of his/her HDC licence.

i. The details of any non-compliance will be reported by the Electronic Monitoring


Contractor to the Release and Recall Section of the Home Office
(formerly SEU).

ii. Release and Recall Section will decide whether to recall the offender.

iii. If the offender is recalled, he/she will serve any remaining custody days
on an intermittent basis at the IC Centre.

iv. However, the home probation area and the IC centre must immediately
review the circumstances of the case to determine the need for an
immediate application to vary the offender’s sentence to full-time
custody.

v. The offender has a right of appeal against recall to the Home Secretary. If the
appeal is upheld, the offender will be re- released on HDC licence to complete
any outstanding days. During and after this period the offender will remain
under Probation Service supervision until the end of the overall sentence and
any additional requirements imposed by the original sentencing court will also
continue to apply.

vi. In essence, when an HDC licence is revoked, the original warrant comes back
into force. Provided that there are no further charges (on which the offender
has been remanded in custody) or breaches of any other aspect of the original

Intermittent Custody PC53/2005 Annex B Enforcement


IC order, then it is likely that one of the three following administrative scenarios
will apply:

a. if the offender is already in police custody, the IC centre should be


notified as soon as possible. The IC centre will explain the
circumstances to the police and (if possible) speak directly to the
offender. The IC centre will then fax to the police a licence to cover the
period up to the point at which the offender will next be expected to
report to the IC centre to resume the custody part of the IC order. The
offender must then be released under the terms of the licence; or

b. if the police have already transferred the offender to the nearest local
prison, then the process described above will apply, but the contact will
be with the holding prison rather than the holding police station; or

c. if the offender is not in police custody, but is in contact with the IC centre,
possibly via his/her responsible offender manager, they should be
instructed to report to their offender manager. The IC centre will fax to
the responsible offender manager a licence to cover the period up to the
point at which the offender will next be expected to report to the IC
centre to resume the custody part of the IC order. The offender will be
instructed to take the licence (and a covering letter from the responsible
offender manager) to the local police station which will be asked to
contact the IC centre by telephone if they require confirmation of the
offender’s status and the viability of the licence. This process is
designed to avoid the offender being taken into custody
unnecessarily.

CONCLUSION

29. Enforcement arrangements in relation to IC offenders are straightforward, but a


number of situations will require close co-operation and early exchange of relevant
information between partner agencies.

30. It is important to emphasise that, during the first 16 months of the IC pilots, the level of
compliance on the part of IC offenders was exceptionally high. On only a single occasion, for
example, was it necessary to obtain a variation of sentence from IC to full-time custody on
the grounds of unacceptable custodial behaviour.

31. If further guidance on enforcement matters is required by any of the organisations


which may become involved in that process, contact should be made with the Community
Integration Unit of the National Offender Management Service on 020-8760-1849.

Intermittent Custody PC53/2005 Annex B Enforcement


ANNEX C

INTERMITTENT CUSTODY

SPECIMEN PSR

This annex is based on the concluding paragraphs of a genuine PSR designed to draw the
attention of the court to the option of an IC sentence. It has been adapted so as to reflect the
sentencing framework for an offence committed on or after 4 April.

2. It is important to stress that, in the PSR writer’s professional judgement, there was a
strong likelihood that the offender would receive a custodial sentence.

3. The PSR writer provided the court with a helpful resumé of the purpose and nature of
IC, including both the regime in the Kirkham IC centre and the nature of Probation Service
supervision.

4. In the original case, Mr X did receive an IC sentence which enabled him to maintain
his responsibilities in relation to employment and to his partner. He has since successfully
completed the custodial part of the sentence.

5. The specimen PSR is as follows:

“Mr X acknowledges that he has committed two offences of serious fraud. Despite his
assertions that his behaviour has been out of character, the Court will no doubt be
concerned that he has previous convictions of a similar nature. By his own admission,
he only realised the severity of his actions some time after the offences were
committed. He has admitted his guilt from the earliest moment and has expressed
remorse and regret for his actions. He is well aware of the situation he finds himself in
and the court has indicated that he faces an immediate custodial sentence.

Mr X has always been in employment and is in a long-term relationship. Whilst not


downplaying the seriousness of these offences the Court may wish to take into
account the negative impact that custody might have upon Mr X’s future employment
and career prospects and the relationship with his partner.

As an alternative to a full time custodial sentence, the Court may wish to consider
sentencing Mr X to Intermittent Custody at HM Prison Kirkham, subject to a place
being available at the unit. This sentence is for offenders who have committed an
offence so serious as to warrant a custodial sentence, but who do not pose such a risk
to the public as to require immediate full-time custody. Offenders are required to
report to HM Prison Kirkham each Friday evening, at a time which takes account of
the offender’s work commitments and travelling time. Offenders are required to
perform unpaid community work as part of a structured and purposeful regime. Whilst
in custody the offender will be subject to Prison Rules and liable to be returned to
Court if they fail to comply with the sentence. Whilst in the community, the offender
will be supervised by the National Probation Service. They will be required to work to
address the causes of their offending behaviour when meeting with their Probation
Officer on a weekly basis in the community. Failure to comply in the community may
lead to recall and the offender serving the remaining custody days and some or all of
the remaining part of the full sentence in prison.

Intermittent Custody PC53/2005 Annex C PSR


This sentence combines punishment and rehabilitation whilst enabling Mr X to remain
in full-time employment, continue his career path and maintain the relationship with his
partner. It will also enable the Court to order Mr X to pay compensation to his victims.
Mr X has indicated his willingness to comply with this sentence.

Intermittent Custody PC53/2005 Annex C PSR