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Criminal Justice Act 2003, Cross Heading: Effect of remand in custodyor on bail subject to certain types of condition is up to date with all changes known to be in force on or before 25 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
Textual Amendments
F1Words in s. 240 cross-heading inserted (3.11.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 21(3), 153; S.I. 2008/2712, art. 2, Sch. para. 1 (subject to arts. 3, 4)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2S. 240 omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 108(1), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
Modifications etc. (not altering text)
C1Pt. 12 Ch. 6 applied to any person serving a sentence for an offence committed before 4 April 2005 (whenever that sentence was or is imposed) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 121(1), 151(1); S.I. 2012/2906, art. 2(d)
(1)This section applies where—
(a)an offender is serving a term of imprisonment in respect of an offence, and
(b)the offender has been remanded in custody (within the meaning given by section 242) in connection with the offence or a related offence.
[F5(1A)This section 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 offender concerned has been remanded in custody in connection with the offence or a related offence.
(1B)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 (1)(a), or
(b)a detention and training order made in respect of the offender as mentioned in subsection (1A)(a).]
(2)It is immaterial for [F6the purposes of subsection (1)(b) or (1A)(b)] whether, for all or part of the period during which the offender was remanded in custody, the offender was also remanded in custody in connection with other offences (but see subsection (5)).
(3)The number of days for which the offender was remanded in custody in connection with the offence or a related offence is to count as time served by the offender as part of the sentence.
But this is subject to subsections (4) to (6).
(4)If, on any day on which the offender was remanded in custody, the offender was also detained in connection with any other matter, that day is not to count as time served.
(5)A day counts as time served—
(a)in relation to only one sentence, and
(b)only once in relation to that sentence.
(6)A day is not to count as time served as part of any [F7automatic release period served by the offender] (see section 255B(1)).
[F8(6A)Where a court has made a declaration under section 327 of the Sentencing Code in relation to the offender in respect of the offence, this section applies to days specified under subsection (3) of that section as if they were days for which the offender was remanded in custody in connection with the offence or a related offence.]
(7)For the purposes of this section a suspended sentence—
(a)is to be treated as a sentence of imprisonment when it takes effect under [F9paragraph 13(1)(a) or (b) of Schedule 16 to the Sentencing Code], and
(b)is to be treated as being imposed by the order under which it takes effect.
(8)In this section “related offence” means an offence, other than the offence for which the sentence is imposed (“offence A”), with which the offender was charged and the charge for which was founded on the same facts or evidence as offence A.
[F10(8A)Subsection (9) applies in relation to an offender who is sentenced to two or more consecutive sentences or sentences which are wholly or partly concurrent if—
(a)the sentences were imposed on the same occasion, or
(b)where they were imposed on different occasions, the offender has not been released during the period beginning with the first and ending with the last of those occasions.
(9)For the purposes of subsections (3) and (5), the sentences are to be treated as a single sentence.]
(10)The reference in subsection (4) to detention in connection with any other matter does not include remand in custody in connection with another offence but includes—
(a)detention pursuant to any custodial sentence;
(b)committal in default of payment of any sum of money;
(c)committal for want of sufficient distress to satisfy any sum of money;
(d)committal for failure to do or abstain from doing anything required to be done or left undone.
(11)This section applies to a determinate sentence of detention under section 91 or 96 [F11of the PCC(S)A 2000, under section 250, [F12252A,] 254, 262, 265 [F13, 266 or 268A] of the Sentencing Code or under] section [F14226A, 226B,] 227[F15, 228 or 236A] of this Act as it applies to an equivalent sentence of imprisonment.]
Textual Amendments
F3S. 240ZA inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 108(2), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
F4Words in s. 240ZA heading substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(s), Sch. 16 para. 2(2)
F5S. 240ZA(1A)(1B) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(s), Sch. 16 para. 2(3)
F6Words in s. 240ZA(2) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(s), Sch. 16 para. 2(4)
F7Words in s. 240ZA(6) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 9(6), 22(1) (with Sch. 7 para. 5); S.I. 2015/40, art. 2(i)
F8S. 240ZA(6A) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 219(2) (with Sch. 27); S.I. 2020/1236, reg. 2
F9Words in s. 240ZA(7)(a) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 219(3) (with Sch. 27); S.I. 2020/1236, reg. 2
F10S. 240ZA(8A)(9) substituted for s. 240ZA(9) (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(s), Sch. 16 para. 2(5)
F11Words in s. 240ZA(11) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 219(4) (with Sch. 27); S.I. 2020/1236, reg. 2
F12Word in s. 240ZA(11) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 21(3)
F13Words in s. 240ZA(11) substituted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 9(3)
F14Words in s. 240ZA(11) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 20 para. 4; S.I. 2012/2906, art. 2(r)
F15Words in s. 240ZA(11) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 1 para. 16; S.I. 2015/778, art. 3, Sch. 1 para. 72
(1)[F19Subsection (2) applies] where—
(a)a court sentences an offender to imprisonment for a term in respect of an offence [F20of which the offender was convicted before 1 December 2020] F21... ,
(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 [F22subsections (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.
F23[F24(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F25(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.
[F26(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 [F27automatic release period served by the offender] (see section 255B(1)).]
F28(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F29(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F29(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11)[F30Subsections (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 [F31the PCC(S)A 2000] relates;
(ii)in paragraph (a) after “Schedule 12” there were inserted or section 119(1)(a) or (b) of [F32the PCC(S)A 2000]; and
(b)[F33in subsection (9) the references to subsections (3) and (5) of section 240ZA are] to be read as a reference to [F34subsections (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—
[F35“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; F36...
F36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]
Textual Amendments
F16S. 240A inserted (3.11.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 21(4), 153; S.I. 2008/2712, art. 2, Sch. para. 1 (subject to arts. 3, 4)
F17Words in s. 240A heading substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 109(8), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
F18Words in s. 240A heading substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(s), Sch. 16 para. 3(2)
F19Words 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
F20Words 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
F21Words in s. 240A(1)(a) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 16 para. 14; S.I. 2012/2906, art. 2(n)
F22Words in s. 240A(2) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 109(2), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
F23S. 240A(3) repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
F24S. 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)
F25S. 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
F26S. 240A(3ZAA)(3ZAB) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(s), Sch. 16 para. 3(3)
F27Words 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)
F28S. 240A(8) repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
F29S. 240A(9)(10) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 109(5), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
F30Words in s. 240A(11) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 109(6)(a), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
F31Words 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
F32Words 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
F33Words in s. 240A(11)(b) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 109(6)(b), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
F34Words 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
F35Words in s. 240A(12) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 109(7)(a), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
F36Words in s. 240A(12) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 109(7)(b), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
Modifications etc. (not altering text)
C4S. 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 applied (1.12.2020) by Sentencing Act 2020 (c. 17), ss. 325(2), 416(1) (with ss. 2, 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2
C6S. 240A(2) excluded (3.11.2008) by The Remand on Bail (Disapplication of Credit Period) Rules 2008 (S.I. 2008/2793), art. 2
C7S. 240A(2) excluded (3.11.2008) by The Remand on Bail (Disapplication of Credit Period) Rules 2008 (S.I. 2008/2793), art. 3
C8S. 240A(2) excluded (3.11.2008) by The Remand on Bail (Disapplication of Credit Period) Rules 2008 (S.I. 2008/2793), art. 4
(1)In determining for the purposes of this Chapter F39... whether a person [F40to whom section 240ZA applies or a direction under section 240A ] [F41or under section 325 of the Sentencing Code] relates —
(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 [F42specified in section 240ZA or in the direction under section 240A] [F43or under section 325 of the Sentencing Code] are to be treated as having been served by him as part of that sentence or period.
[F44(1A)In subsection (1) the reference to [F45section 240ZA includes] section 246 of the Armed Forces Act 2006.]
F46(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F37Words in s. 241 heading substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 110(6), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
F38Words in s. 241 heading inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 221(2) (with Sch. 27); S.I. 2020/1236, reg. 2
F39Words in s. 241(1) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 20(a); S.I. 2012/2906, art. 2(h)
F40Words in s. 241(1) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 110(4)(a), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
F41Words in s. 241(1) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 221(3)(a) (with Sch. 27); S.I. 2020/1236, reg. 2
F42Words in s. 241(1) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 110(4)(b), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
F43Words in s. 241(1) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 221(3)(b) (with Sch. 27); S.I. 2020/1236, reg. 2
F44S. 241(1A) inserted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c.52), ss. 378(1), 383, Sch. 16 para. 220; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F45Words in s. 241(1A) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 110(5), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
F46S. 241(2) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 20(b); S.I. 2012/2906, art. 2(h)
Modifications etc. (not altering text)
C9S. 241 modified (26.1.2004) by The Intermittent Custody (Transitory Provisions) Order 2003 (S.I. 2003/3283), art. 3
Commencement Information
I1S. 241 wholly in force 4.4.2005; s. 241 not in force at Royal Assent, see s. 336(3); s. 241 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 241 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject to art. 2(2), Sch. 2)
(1)For the purposes of [F47sections 240ZA][F48, 240A] and 241, the definition of “sentence of imprisonment” in section 305 applies as if for the words from the beginning of the definition to the end of paragraph (a) there were substituted—
““sentence of imprisonment” does not include a committal—
(a)in default of payment of any sum of money, other than one adjudged to be paid on a conviction,”;
and references in those sections to sentencing an offender to imprisonment, and to an offender’s sentence, are to be read accordingly.
(2)References in [F47sections 240ZA] and 241 to an offender’s being remanded in custody are references to his being—
(a)remanded in or committed to custody by order of a court,
(b)remanded [F49to youth detention accommodation under section 91(4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012], or
(c)remanded, admitted or removed to hospital under section 35, 36, 38 or 48 of the Mental Health Act 1983 (c. 20).
[F50(3)In sections 240ZA and 240A, “detention and training order” has the meaning given by section 233 of the Sentencing Code.]
F51(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F47Words in s. 242 substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 110(7), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
F48Words in s. 242 inserted (3.11.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 21(6), 153; S.I. 2008/2712, art. 2, Sch. para. 1 (subject to arts. 3, 4)
F49Words in s. 242(2)(b) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 12 para. 51(a); S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
F50S. 242(3) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(s), Sch. 16 para. 4
F51S. 242(3) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 12 para. 51(b); S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
Modifications etc. (not altering text)
C10S. 242(2) applied (1.12.2008) by The Criminal Justice Act 1988 (c. 33), s. 133B(8) (as inserted by Criminal Justice and Immigration Act 2008 (c. 4), ss. 61(7), 153; S.I. 2008/2993, art. 2 (subject to art. 3))
C11S. 242(2)(b) modification to saving for effects of 2012 c. 10, Sch. 12 para. 51(a) by S.I. 2012/2906, art. 7(2)(3) (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), s. 5(2)(3), Sch. 2 para. 138; S.I. 2012/1236, reg. 2
C12S. 242(3) modification to saving for effects of 2012 c. 10, Sch. 12 para. 51(b) by S.I. 2012/2906, art. 7(2)(3) (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), s. 5(2)(3), Sch. 2 para. 138; S.I. 2012/1236, reg. 2
Commencement Information
I2S. 242 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject to art. 2(2), Sch. 2)
(1)A fixed-term prisoner is an extradited prisoner for the purposes of this section if—
(a)he was tried for the offence in respect of which his sentence was imposed [F52or he received that sentence]—
(i)after having been extradited to the United Kingdom, and
(ii)without having first been restored or had an opportunity of leaving the United Kingdom, and
(b)he was for any period kept in custody while awaiting his extradition to the United Kingdom as mentioned in paragraph (a)[F53, and
(c)the court has specified under section 327(3) of the Sentencing Code the number of days for which the prisoner was so kept in custody.]
F54[F55(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2A)Section 240ZA applies to days specified under [F56section 327(3) of the Sentencing Code] as if they were days for which the prisoner was remanded in custody in connection with the offence or a related offence.]
F57(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F52Words in s. 243(1) inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 31; S.I. 2006/3364, art. 2
F53S. 243(1)(c) and word inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 222(2) (with Sch. 27); S.I. 2020/1236, reg. 2
F54S. 243(2) omitted (1.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 222(3) (with Sch. 27); S.I. 2020/1236, reg. 2
F55S. 243(2)(2A) substituted for s. 243(2) (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 110(8), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
F56Words in s. 243(2A) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 222(4) (with Sch. 27); S.I. 2020/1236, reg. 2
F57S. 243(3) repealed (27.7.2004) by The Extradition Act 2003 (Repeals) Order 2004 (S.I. 2004/1897), art. 3
Modifications etc. (not altering text)
C13S. 243 applied (15.1.2007) by Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), s. 101(12A) (as inserted by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 32; S.I. 2006/3364, art. 2)
Commencement Information
I3S. 243 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject to art. 2(2), Sch. 2)
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