Criminal Justice Act 2003

[F1240A [F2Time remanded on bail to count towards time served]: terms of imprisonment [F3or detention and detention and training orders] E+W
This section has no associated Explanatory Notes

(1)[F4Subsection (2) applies] where—

(a)a court sentences an offender to imprisonment for a term in respect of an offence [F5of which the offender was convicted before 1 December 2020] F6... ,

(b)the offender was remanded on bail by a court in course of or in connection with proceedings for the offence, or any related offence, after the coming into force of section 21 of the Criminal Justice and Immigration Act 2008, and

(c)the offender's bail was subject to a qualifying curfew condition and an electronic monitoring condition (“the relevant conditions”).

(2)Subject to [F7subsections (3A) and (3B)], the court must direct that the credit period is to count as time served by the offender as part of the sentence.

F8[F9(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F10(3ZA)Subsection (3ZB) applies where—

(a)an offender is serving a term of imprisonment in respect of an offence, and

(b)the court has made a declaration under section 325 of the Sentencing Code specifying a credit period in relation to the sentence.

[F11(3ZAA)Subsection (3ZB) also applies where—

(a)a court, on or after the day on which Schedule 16 to the Police, Crime, Sentencing and Courts Act 2022 came into force, makes a detention and training order in respect of an offender for an offence, and

(b)the court has made a declaration under section 325 of the Sentencing Code specifying a credit period in relation to the order.

(3ZAB)In this section any reference to a “sentence”, in relation to an offender, is to—

(a)a term of imprisonment being served by the offender as mentioned in subsection (3ZA)(a), or

(b)a detention and training order made in respect of the offender as mentioned in subsection (3ZAA)(a).]

(3ZB)Subject to subsections (3A) and (3B), the credit period is to count as time served by the offender as part of the sentence.]

(3A)A day of the credit period counts as time served—

(a)in relation to only one sentence, and

(b)only once in relation to that sentence.

(3B)A day of the credit period is not to count as time served as part of any [F12automatic release period served by the offender] (see section 255B(1)).]

F13(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11)[F15Subsections (7) to (9) and (11) of section 240ZA] apply for the purposes of this section as they apply for the purposes of that section but as if—

(a)in subsection (7)—

(i)the reference to a suspended sentence is to be read as including a reference to a sentence to which an order under section 118(1) of [F16the PCC(S)A 2000] relates;

(ii)in paragraph (a) after “Schedule 12” there were inserted or section 119(1)(a) or (b) of [F17the PCC(S)A 2000]; and

(b)[F18in subsection (9) the references to subsections (3) and (5) of section 240ZA are] to be read as a reference to [F19subsections (2) and (3ZB)] of this section and, in paragraph (b), after “Chapter” there were inserted or Part 2 of the Criminal Justice Act 1991.

(12)In this section—

  • [F20“curfew requirement” means a requirement (however described) to remain at one or more specified places for a specified number of hours in any given day, provided that the requirement is imposed by a court or the Secretary of State and arises as a result of a conviction;]

  • “electronic monitoring condition” means any electronic monitoring requirements imposed under section 3(6ZAA) of the Bail Act 1976 for the purpose of securing the electronic monitoring of a person's compliance with a qualifying curfew condition;

  • “qualifying curfew condition” means a condition of bail which requires the person granted bail to remain at one or more specified places for a total of not less than 9 hours in any given day; F21...

  • F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]

Textual Amendments

F4Words in s. 240A(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 220(2)(a) (with Sch. 27); S.I. 2020/1236, reg. 2

F5Words in s. 240A(1)(a) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 220(2)(b) (with Sch. 27) (as amended by S.I. 2020/1236, regs. 1, 4(7)(b)); S.I. 2020/1236, reg. 2

F9S. 240A(3)-(3B) substituted for s. 240A(3)-(8) (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 109(3), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)

F10S. 240A(3ZA)(3ZB) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 220(3) (with Sch. 27); S.I. 2020/1236, reg. 2

F12Words in s. 240A(3B) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 9(7), 22(1) (with Sch. 7 para. 5); S.I. 2015/40, art. 2(i)

F16Words in s. 240A(11)(a)(i) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 220(4) (with Sch. 27); S.I. 2020/1236, reg. 2

F17Words in s. 240A(11)(a)(ii) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 220(4) (with Sch. 27); S.I. 2020/1236, reg. 2

F19Words in s. 240A(11)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 220(5) (with Sch. 27); S.I. 2020/1236, reg. 2

Modifications etc. (not altering text)

C3S. 240A modified in part (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 1, 5(2)(3); S.I. 2012/1236, reg. 2

C5S. 240A(2) excluded (3.11.2008) by The Remand on Bail (Disapplication of Credit Period) Rules 2008 (S.I. 2008/2793), art. 2

C6S. 240A(2) excluded (3.11.2008) by The Remand on Bail (Disapplication of Credit Period) Rules 2008 (S.I. 2008/2793), art. 3

C7S. 240A(2) excluded (3.11.2008) by The Remand on Bail (Disapplication of Credit Period) Rules 2008 (S.I. 2008/2793), art. 4