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The Remand in Custody (Effect of Concurrent and Consecutive Sentences of Imprisonment) Rules 2005

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Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Remand in Custody (Effect of Concurrent and Consecutive Sentences of Imprisonment) Rules 2005 No. 2054

EXPLANATORY NOTE

(This note is not part of the Order)

These Rules provide for the cases in which a court is not required to direct under section 240(3) of the Criminal Justice Act 2003 (c.44) that the number of days spent by an offender remanded in custody is to count as time served by him as part of his sentence.

Under Rule 2 (a), no direction should be made if, while on remand, the offender was also serving another sentence of imprisonment and was not released on licence. Rule 2(b) provides that no direction is to be made where a court imposes a sentence to be served consecutively on a sentence to which section 67 of the Criminal Justice Act 1967(c.80) applies.

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