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 of a court 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 Part V or section 69, 70, 71 or 118 of the M3Mental Health (Scotland) Act 1984.
(2)This sub-paragraph applies to the following courts—
(a)a court in the United Kingdom; and
(b)a Standing Civilian Court established under the M4Armed Forces Act 1976.
(3)If a person—
(a)is temporarily discharged under section 28 of the M5Prison Act 1952, or temporarily released under rules under section 47(5) of that Act; or
(b)is temporarily discharged under section 27 of the M6Prisons (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 M7Magistrates’ Courts Act 1980, or [F1section 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 M8Criminal 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 imprisoned, detained or in custody under the M9Army Act 1955, the M10Air Force Act 1955 or the M11Naval Discipline Act 1957; and
(b)such conditions as may be prescribed by the order are fulfilled.
Textual Amendments
F1Words in Sch. 1 para. 1(4)(b) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 152
Marginal Citations