Crime (Sentences) Act 1997

General

8 Time to be served

(1) Subject to the following provisions of this Chapter, a prisoner shall be released when he has served his sentence.

(2) In this Chapter “prisoner” means any person who is sentenced to imprisonment for a term in respect of an offence committed after the commencement of this Chapter.

9 Crediting of periods of remand in custody

(1) This section applies where—

(a) a court sentences an offender to imprisonment for a term in respect of an offence committed after the commencement of this section; and

(b) the offender has been remanded in custody in connection with the offence or a related offence, that is to say, any other offence the charge for which was founded on the same facts or evidence.

(2) It is immaterial for that purpose whether the offender—

(a) has also been remanded in custody in connection with other offences; or

(b) has also been detained in connection with other matters.

(3) Subject to subsection (4) below, the court shall direct that the number of days for which the offender was remanded in custody in connection with the offence or a related offence shall count as time served by him as part of the sentence.

(4) Subsection (3) above shall not apply if and to the extent that—

(a) rules made by the Secretary of State so provide in the case of—

(i) a remand in custody which is wholly or partly concurrent with a sentence of imprisonment; or

(ii) sentences of imprisonment for consecutive terms or for terms which are wholly or partly concurrent; or

(b) it is in the opinion of the court just in all the circumstances not to give a direction under that subsection.

(5) Where the court gives a direction under subsection (3) above, it shall state in open court—

(a) the number of days for which the offender was remanded in custody; and

(b) the number of days in relation to which the direction is given.

(6) Where the court does not give a direction under subsection (3) above, or gives such a direction in relation to a number of days less than that for which the offender was remanded in custody, it shall state in open court—

(a) that its decision is in accordance with rules made under paragraph (a) of subsection (4) above; or

(b) that it is of the opinion mentioned in paragraph (b) of that subsection and what the circumstances are.

(7) The power to make rules under subsection (4)(a) above shall be exercisable by statutory instrument; but no such rules shall be made unless a draft of the rules has been laid before and approved by a resolution of each House of Parliament.

(8) For the purposes of this section a suspended sentence shall be treated as a sentence of imprisonment when it takes effect under section 23 of the [1973 c. 62.] Powers of Criminal Courts Act 1973 (“the 1973 Act”) and as being imposed by the order under which it takes effect.

(9) References in this section to an offender being remanded in custody are references to his being—

(a) held in police detention; or

(b) remanded in or committed to custody by an order of a court.

(10) A person is in police detention for the purposes of this section—

(a) at any time when he is in police detention for the purposes of the [1984 c. 60.] Police and Criminal Evidence Act 1984; and

(b) at any time when he is detained under section 14 of the [1989 c. 4.] Prevention of Terrorism (Temporary Provisions) Act 1989.