Part 12U.K.Sentencing

Modifications etc. (not altering text)

C2Pt. 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)))

Chapter 6E+W [F1 Release, licences[F2, supervision] and recall ]

Textual Amendments

F2Word in Pt. 12 Ch. 6 heading inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 15 (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u)

Modifications etc. (not altering text)

C3Pt. 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 custody[F3or on bail subject to certain types of condition]E+W

Textual Amendments

F3Words 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)

[F4240A [F5Time remanded on bail to count towards time served]: terms of imprisonment and detentionE+W

(1)This section applies where—

(a)a court sentences an offender to imprisonment for a term in respect of an offence 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(3)The credit period is calculated by taking the following steps.

  • Step 1 Add—

    (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

    (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—

    (a)

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

    (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 [F9automatic release period served by the offender] (see section 255B(1)).]

(8)Where the court gives a direction under subsection (2) F10... it shall state in open court—

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

[F11(b)the number of days (if any) which it deducted under each of steps 2 and 3.]

F12(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11)[F13Subsections (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)[F14in 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—

  • [F15“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; F16...

  • F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]

Textual Amendments

F8S. 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)

F9Words 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)

Modifications etc. (not altering text)

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