C8C9Part 12Sentencing

Annotations:
Modifications etc. (not altering text)
C8

Pt. 12 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 183(4), 383 (as amended (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 23(2)(b)); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

C9

Pt. 12 (ss. 142-305) modified (4.4.2005) by The Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 (S.I. 2005/643), art. 3 (as amended (E.W.) (3.12.2012) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential and Saving Provisions) Regulations 2012 (S.I. 2012/2824), regs. 1, 3(1) (with reg. 3(2)))

C7Chapter 6F15 Release, licences and recall

Annotations:
Amendments (Textual)
Modifications etc. (not altering text)
C7

Pt. 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)

Effect of remand in custodyF4or on bail subject to certain types of condition

Annotations:
Amendments (Textual)
F4

Words 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)

F14240C7Crediting of periods of remand in custody: terms of imprisonment and detention

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240ZAF20Time remanded in custody to count as time served: terms of imprisonment and detention

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.

2

It is immaterial for that purpose 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 period of 28 days served by the offender before automatic release (see section 255B(1)).

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 paragraph 8(2)(a) or (b) of Schedule 12, 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.

9

For the purposes of the references in subsections (3) and (5) to the term of imprisonment to which a person has been sentenced (that is to say, the reference to the offender's “sentence”), consecutive terms and terms which are wholly or partly concurrent are to be treated as a single term if—

a

the sentences were passed on the same occasion, or

b

where they were passed on different occasions, the person has not been released at any time during the period beginning with the first and ending with the last of those occasions.

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 of the Sentencing Act or section F29226A, 226B, 227 or 228 of this Act as it applies to an equivalent sentence of imprisonment.

240AF5F31Time remanded on bail to count towards time served: terms of imprisonment and detention

1

This section applies where—

a

a court sentences an offender to imprisonment for a term in respect of an offence F9... ,

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”).

C3C4C52

Subject to F26subsections (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.

F133

The credit period is calculated by taking the following steps.

  • Step 1 Add—

    1. a

      the day on which the offender's bail was first subject to the relevant conditions (and for this purpose a condition is not prevented from being a relevant condition by the fact that it does not apply for the whole of the day in question), and

    2. b

      the number of other days on which the offender's bail was subject to those conditions (but exclude the last of those days if the offender spends the last part of it in custody).

  • Step 2 Deduct the number of days on which the offender, whilst on bail subject to the relevant conditions, was also—

    1. a

      subject to any requirement imposed for the purpose of securing the electronic monitoring of the offender's compliance with a curfew requirement, or

    2. b

      on temporary release under rules made under section 47 of the Prison Act 1952.

  • Step 3 From the remainder, deduct the number of days during that remainder on which the offender has broken either or both of the relevant conditions.

  • Step 4 Divide the result by 2.

  • Step 5 If necessary, round up to the nearest whole number.

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 period of 28 days served by the offender before automatic release (see section 255B(1)).

8

Where the court gives a direction under subsection (2) F25... it shall state in open court—

a

the number of days on which the offender was subject to the relevant conditions, and

F30b

the number of days (if any) which it deducted under each of steps 2 and 3.

F219

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F2110

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11

F11Subsections (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 the Sentencing Act relates;

ii

in paragraph (a) after “Schedule 12” there were inserted or section 119(1)(a) or (b) of the Sentencing Act; and

b

F19in subsection (9) the references to subsections (3) and (5) of section 240ZA are to be read as a reference to subsection (2) 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—

  • F7“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; F22...

  • F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I1C1241C7Effect of F17section 240ZA or direction under section 240A on release on licence

1

In determining for the purposes of this Chapter F12... whether a person F23to whom section 240ZA applies or a direction under section 240A 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 F18specified in section 240ZA or in the direction under section 240A are to be treated as having been served by him as part of that sentence or period.

F31A

In subsection (1) the reference to F24section 240ZA includes section 246 of the Armed Forces Act 2006.

F282

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I2242Interpretation of F16sections 240ZAF6, 240A and 241

1

For the purposes of F16sections 240ZAF6, 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.

C62

References in F16sections 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 F8to 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).

F103

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I3C2243Persons extradited to the United Kingdom

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 F2or 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).

F272

In the case of an extradited prisoner, the court must specify in open court the number of days for which the prisoner was kept in custody while awaiting extradition.

2A

Section 240ZA applies to days specified under subsection (2) as if they were days for which the prisoner was remanded in custody in connection with the offence or a related offence.

F13

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