Criminal Justice Act 1991

Valid from 01/10/1992

Remand time and additional days E+W

Prospective

41 Remand time to count towards time served. E+W

[F1 (1) Where a person is sentenced to imprisonment for a term in respect of an offence, this section applies to him if the court directs under section 9 of the M1 Crime (Sentences) Act 1997 that the number of days for which he was remanded in custody in connection with—

(a) the offence; or

(b) any other offence the charge for which was founded on the same facts or evidence,

shall count as time served by him as part of the sentence.

(2) For the purpose of determining for the purposes of this Part whether a person to whom this section applies—

(a) has served, or would (but for his release) have served, a particular proportion of his sentence; or

(b) has served a particular period,

the number of days specified in the direction shall, subject to subsections (3) and (4) below, be treated as having been served by him as part of that sentence or period.]

(3) Nothing in subsection (2) above shall have the effect of reducing the period for which a licence granted under this Part to a short-term or long-term prisoner remains in force to a period which is less than—

(a) one-quarter of his sentence in the case of a short-term prisoner; or

(b) one-twelfth of his sentence in the case of a long-term prisoner.

[F2 (4) Where the period for which a licence granted under section 33A(2), 34A(3) or 36(1) above to a short-term prisoner remains in force cannot exceed one-quarter of his sentence, nothing in subsection (2) above shall have the effect of reducing that period.]

Textual Amendments

F1 S. 41(1)(2) substituted (prosp.) by 1998 c. 37, ss. 119, 121(2), Sch. 8 para. 86(1).

F2 S. 41(4) inserted (prosp.) by 1998 c. 37, ss. 119, 121(2), Sch. 8 para. 86(2).

Modifications etc. (not altering text)

C2 Ss. 41-46 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II para. 8(2), Sch. 5 para. 9(1)(a); S.I. 1997/2200, art. 2(1).

Ss. 35-46 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II para. 9(2), Sch. 5 para. 10(1)(b); S.I. 1997/2200, art. 2(1).

S. 41 modified (prosp.) by 1997 c. 43, ss. 56(1), 57(2), Sch. 5 para. 4 (by 1998 c. 37, s. 120(2), Sch. 10 the said Sch. 5 para. 4 was repealed (30.9.1998); S.I. 1998/2327, art. 2(1)(aa)(3)(x)).

Commencement Information

I2 Pt. II (ss. 32 - 51) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.

Marginal Citations

M1 1997 c.43.

F5 41 [Remand time to count towards time served. E+W

(1) This section applies to any person whose sentence falls to be reduced under section 67 of the M2 Criminal Justice Act 1967 (“the 1967 Act”) by any relevant period within the meaning of that section (“the relevant period”).

(2) For the purpose of determining for the purposes of this Part—

(a) whether a person to whom this section applies has served one-half or two-thirds of his sentence; or

(b) whether such a person would (but for his release) have served three-quarters of that sentence,

the relevant period shall, subject to subsection (3) below, be treated as having been served by him as part of that sentence.

(3) Nothing in subsection (2) above shall have the effect of reducing the period for which a licence granted under this Part to a short-term or long-term prisoner remains in force to a period which is less than—

(a) one-quarter of his sentence in the case of a short-term prisoner; or

(b) one-twelfth of his sentence in the case of a long-term prisoner.]

Textual Amendments

F5 S. 41 repealed (prosp.) by 1997 c. 43, ss. 56(2), 57(2), Sch.6 (subject to transitional provisions and savings in s. 56(1), Sch. 5 para. 1)( by 1998 c. 37, s. 120(2), Sch. 10 in the said Sch. 6 the entries relating to ss. 33-51 and 65 of this Act are repealed (30.9.1998); S.I. 1998/2327, art.2(1)(aa)(3)(x)).

Modifications etc. (not altering text)

C3 Ss. 41-46 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II para. 8(2), Sch. 5 para. 9(1)(a); S.I. 1997/2200, art. 2(1).

Ss. 35-46 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II para. 9(2), Sch. 5 para. 10(1)(b); S.I. 1997/2200, art. 2(1).

S. 41 modified (prosp.) by 1997 c. 43, ss. 56(1), 57(2), Sch. 5 para.4 ( by 1998 c. 37, s. 120(2), Sch.10, in the said Sch. 5 paras. 1-4 were repealed (30.9.1998); S.I. 1998/2327, art.2(1)(aa)(3)(x)).

Commencement Information

I4 Pt. II (ss. 32 - 51) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.

Marginal Citations

M2 1967 c. 80.

Prospective

[F3 F4 42 Additional days for disciplinary offences. E+W

(1) Prison rules, that is to say, rules made under section 47 of the 1952 Act, may include provision for the award of additional days—

(a) to short-term or long-term prisoners; or

(b) conditionally on their subsequently becoming such prisoners, to persons on remand,

who (in either case) are guilty of disciplinary offences.

(2) Where additional days are awarded to a short-term or long-term prisoner, or to a person on remand who subsequently becomes such a prisoner, and are not remitted in accordance with prison rules—

(a) any period which he must serve before becoming entitled to or eligible for release under this Part; and

(b) any period for which a licence granted to him under this Part remains in force,

shall be extended by the aggregate of those additional days.]

Textual Amendments

F3 S. 42 repealed (prosp.) by 1997 c. 43, ss. 56(2), 57(2), Sch.6 (subject to transitional provisions and savings in s. 56(1), Sch. 5 para. 1) (and by 1998 c. 37, s. 120(2), Sch.10 in the said Sch. 6 the entries relating to ss. 33-51 and 65 of this Act are repealed (30.9.1998); S.I. 1998/2327, art.2(1)(aa)(3)(x))

F4 Ss. 41-46 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II para. 8(2), Sch. 5 para. 9(1)(a); S.I. 1997/2200, art. 2(1).

Ss. 35-46 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II para. 9(2), Sch. 5 para. 10(1)(b); S.I. 1997/2200, art. 2(1).

Commencement Information

I3 Pt. II (ss. 32 - 51) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.