SCHEDULES

SCHEDULE 1 Persons Disregarded for Purposes of Discount

Persons in detention

1

1

A person shall be disregarded for the purposes of discount on a particular day if on the day—

a

he is detained in a prison, a hospital or any other place by virtue of an order F3or award to which sub-paragraph (2) below applies;

b

he is detained under paragraph 2 of Schedule 3 to the M1Immigration Act 1971 (deportation);

c

he is detained under Part II or section 46, 47, 48 or 136 of the M2Mental Health Act 1983; or

d

he is detained under F1Parts 5, 6 and 7 or sections 136 or 297 of the Mental Health (Care and Treatment)(Scotland) Act 2003 or sections 52D or 52M or the Criminal Procedure (Scotland) Act 1995;

F42

This sub-paragraph applies to—

a

an order of a court in the United Kingdom;

b

an order or award (whether or not of a court) made (anywhere) in proceedings in respect of a service offence within the meaning of the Armed Forces Act 2006.

3

If a person—

a

is temporarily discharged under section 28 of the M3Prison Act 1952, or temporarily released under rules under section 47(5) of that Act; F6...

F5aa

is temporarily released under rules under section 300 of the Armed Forces Act 2006; or

b

is temporarily discharged under section 27 of the M4Prisons (Scotland) Act 1989, or temporarily released under rules under section 39(6) of that Act,

for the purposes of sub-paragraph (1) above he shall be treated as detained.

4

Sub-paragraph (1) above does not apply where the person—

a

is detained under regulations made under paragraph 8 of Schedule 4 to this Act;

b

is detained under section 76 of the M5Magistrates’ Courts Act 1980, or F2section 108 of the Powers of Criminal Courts (Sentencing) Act 2000, for default in payment of a fine; or

c

is detained only under section 407 of the M6Criminal Procedure (Scotland) Act 1975.

5

In sub-paragraph (1) above “order” includes a sentence, direction, warrant or other means of giving effect to the decision of the court concerned.

6

The Secretary of State may by order provide that a person shall be disregarded for the purposes of discount on a particular day if—

a

on the day he is F7in service custody; and

b

such conditions as may be prescribed by the order are fulfilled.