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Part 3Sentencing and Punishment of Offenders

CHAPTER 4Release on licence etc

Calculation of days to be served

109Crediting of periods of remand on bail

(1)Section 240A of the Criminal Justice Act 2003 (crediting periods of remand on bail: terms of imprisonment and detention) is amended as follows.

(2)In subsection (2), for “subsection (4)” substitute “subsections (3A) and (3B)”.

(3)For subsections (3) to (7) substitute—

(3)The credit period is calculated by taking the following steps.

(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)).

(4)In subsection (8)—

(a)omit “or (5)”;

(b)for paragraph (b) substitute—

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

(5)Omit subsections (9) and (10).

(6)In subsection (11)—

(a)for “Subsections (7) to (10) of section 240” substitute “Subsections (7) to (9) and (11) of section 240ZA”;

(b)in paragraph (b), for “in subsection (8) the reference to subsection (3) of section 240 is” substitute “in subsection (9) the references to subsections (3) and (5) of section 240ZA are”.

(7)In subsection (12)—

(a)before the definition of “electronic monitoring condition” insert—

(b)omit the definition of “related offence” and the “and” preceding it.

(8)In the heading of the section, for “Crediting periods of remand on bail” substitute “Time remanded on bail to count towards time served”.