http://www.legislation.gov.uk/ukpga/2003/44/section/240ZACriminal Justice Act 2003An Act to make provision about criminal justice (including the powers and duties of the police) and about dealing with offenders; to amend the law relating to jury service; to amend Chapter 1 of Part 1 of the Crime and Disorder Act 1998 and Part 5 of the Police Act 1997; to make provision about civil proceedings brought by offenders; and for connected purposes.texttext/xmlenStatute Law Database2026-05-12Expert Participation2026-05-11 Part 12SentencingChapter 6 <Substitution ChangeId="key-65c5e657ebfe88bf0b6d18f161e3347b-1493737989497" CommentaryRef="key-65c5e657ebfe88bf0b6d18f161e3347b"> Release, licences </Substitution><Substitution ChangeId="key-65c5e657ebfe88bf0b6d18f161e3347b-1493737989497" CommentaryRef="key-65c5e657ebfe88bf0b6d18f161e3347b"><Addition ChangeId="key-a6706511f2568575b2e8ff6b14b4096f-1543596559491" CommentaryRef="key-a6706511f2568575b2e8ff6b14b4096f">, supervision</Addition></Substitution><Substitution ChangeId="key-65c5e657ebfe88bf0b6d18f161e3347b-1493737989497" CommentaryRef="key-65c5e657ebfe88bf0b6d18f161e3347b"> and recall</Substitution><Emphasis>Effect of remand in custody</Emphasis><Emphasis><Addition ChangeId="d29p21008" CommentaryRef="c20116471">or on bail subject to certain types of condition</Addition></Emphasis><CommentaryRef Ref="key-ad9c2bc53516bdc69645a8f71e932e46"/><CommentaryRef Ref="key-155c0f69a8116c840c0366b45e57112f"/><Addition ChangeId="key-95e5e4f59b6ae8a22d3c5512a9ccc6ed-1494585353576" CommentaryRef="key-95e5e4f59b6ae8a22d3c5512a9ccc6ed">Time remanded in custody to count as time served: terms of imprisonment </Addition><Addition ChangeId="key-95e5e4f59b6ae8a22d3c5512a9ccc6ed-1494585353576" CommentaryRef="key-95e5e4f59b6ae8a22d3c5512a9ccc6ed"><Substitution ChangeId="key-46bd9d291b668f346c84a324d76c0a16-1657624105232" CommentaryRef="key-46bd9d291b668f346c84a324d76c0a16">or detention and detention and training orders</Substitution></Addition>240ZA1This section applies where—aan offender is serving a term of imprisonment in respect of an offence, andbthe offender has been remanded in custody (within the meaning given by section 242) in connection with the offence or a related offence.1AThis section also applies where—aa 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, andbthe offender concerned has been remanded in custody in connection with the offence or a related offence.1BIn this section any reference to a “sentence”, in relation to an offender, is to—aa term of imprisonment being served by the offender as mentioned in subsection (1)(a), orba detention and training order made in respect of the offender as mentioned in subsection (1A)(a).2It is immaterial for the 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)).3The 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).4If, 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.5A day counts as time served—ain relation to only one sentence, andbonly once in relation to that sentence.6A day is not to count as time served as part of any automatic release period served by the offender (see section 255B(1) or 255BA(1)).6AWhere 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.7For the purposes of this section a suspended sentence—ais to be treated as a sentence of imprisonment when it takes effect under paragraph 13(1)(a) or (b) of Schedule 16 to the Sentencing Code, andbis to be treated as being imposed by the order under which it takes effect.8In 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.8ASubsection (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—athe sentences were imposed on the same occasion, orbwhere 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.9For the purposes of subsections (3) and (5), the sentences are to be treated as a single sentence.10The 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—adetention pursuant to any custodial sentence;bcommittal in default of payment of any sum of money;ccommittal for want of sufficient distress to satisfy any sum of money;dcommittal for failure to do or abstain from doing anything required to be done or left undone.11This section applies to a determinate sentence of detention under section 91 or 96 of the PCC(S)A 2000, under section 250, 252A, 254, 262, 265 , 266 or 268A of the Sentencing Code or under section 226A, 226B, 227, 228 or 236A of this Act as it applies to an equivalent sentence of imprisonment.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)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)Pt. 12 Ch. 6 modified (1.12.2020) by Sentencing Act 2020 (c. 17), s. 244(1)(2)(c), 416(1) (with ss. 2, 244(3), 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2Pt. 12 Ch. 6 applied (29.6.2021) by 1984 c. 47, Sch. para. 2(3B) (as inserted by Counter Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(r), Sch. 11 para. 2)S. 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)S. 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)Pt. 12 Ch. 6 applied (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 7 para. 2(a); S.I. 2015/40, art. 2(x)Word 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)Words 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)Words 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. 2Words 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)Words 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. 72Pt. 12 Ch. 6 heading substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 14 para. 16; S.I. 2012/2906, art. 2(l)S. 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)Word 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)Pt. 12 Ch. 6 modified (1.12.2020) by Sentencing Act 2020 (c. 17), s. 245(1)(2)(c), 416(1) (with ss. 2, 245(3), 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2S. 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. 2Words 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)Words 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)Words 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)Words 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. 2Pt. 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)) and as amended (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. 139; S.I. 2012/1236, reg. 2)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. 4Pt. 12 Ch. 6 modified (22.3.2026) by 1984 c. 27, Sch. para. 2B(3) (as inserted by Sentencing Act 2026 (c. 2), ss. 41(1), 49(4) (with s. 41(3)(4)))Words in s. 240ZA(6) inserted (31.3.2026 for specified purposes and otherwise coming into force in accordance with reg. 4 of the commencing S.I.) by Sentencing Act 2026 (c. 2), ss. 33(3), 49(1) (with s. 33(14)); S.I. 2026/86, regs. 3(b)(iv), 4