Crime and Disorder Act 1998

86 (1) For subsections (1) and (2) of section 41 of the 1991 Act (remand time to count towards time served) there shall be substituted the following subsections—

“(1) Where a person is sentenced to imprisonment for a term in respect of an offence, this section applies to him if the court directs under section 9 of the [1997 c. 43.] Crime (Sentences) Act 1997 that the number of days for which he was remanded in custody in connection with—

(a) the offence; or

(b) any other offence the charge for which was founded on the same facts or evidence,

shall count as time served by him as part of the sentence.

(2) For the purpose of determining for the purposes of this Part whether a person to whom this section applies—

(a) has served, or would (but for his release) have served, a particular proportion of his sentence; or

(b) has served a particular period,

the number of days specified in the direction shall, subject to subsections (3) and (4) below, be treated as having been served by him as part of that sentence or period.”

(2) After subsection (3) of that section there shall be inserted the following subsection—

“(4) Where the period for which a licence granted under section 33A(2), 34A(3) or 36(1) above to a short-term prisoner remains in force cannot exceed one-quarter of his sentence, nothing in subsection (2) above shall have the effect of reducing that period.”