40 Convictions during currency of original sentences.E+W
(1)This section applies to a short-term or long-term prisoner who is released under this Part if—
(a)before the date on which he would (but for his release) have served his sentence in full, he commits an offence punishable with imprisonment; and
(b)whether before or after that date, he is convicted of that offence (“the new offence”).
(2)Subject to subsection (3) below, the court by or before which a person to whom this section applies is convicted of the new offence may, whether or not it passes any other sentence on him, order him to be returned to prison for the whole or any part of the period which—
(a)begins with the date of the order; and
(b)is equal in length to the period between the date on which the new offence was committed and the date mentioned in subsection (1) above.
(3)A magistrates’ court—
(a)shall not have power to order a person to whom this section applies to be returned to prison for a period of more than six months; but
(b)[F1subject to section 25 of the Criminal Justice and Public Order Act 1994,]may commit him in custody or on bail to the Crown Court [F2to be dealt with under subsection (3A) below.]
[F3(3A)Where a person is committed to the Crown Court under subsection (3) above, the Crown Court may order him to be returned to prison for the whole or any part of the period which—
(a)begins with the date of the order; and
(b)is equal in length to the period between the date on which the new offence was committed and the date mentioned in subsection (1) above.
(3B)Subsection (3)(b) above shall not be taken to confer on the magistrates’ court a power to commit the person to the Crown Court for sentence for the new offence, but this is without prejudice to any such power conferred on the magistrates’ court by any other enactment.]
(4)The period for which a person to whom this section applies is ordered under [F4subsection (2) or (3A)]above to be returned to prison—
(a)shall be taken to be a sentence of imprisonment for the purposes of this Part;
(b)shall, as the court may direct, either be served before and be followed by, or be served concurrently with, the sentence imposed for the new offence; and
(c)in either case, shall be disregarded in determining the appropriate length of that sentence.
[F5(5)Where the new offence is found to have been committed over a period of two or more days, or at some time during a period of two or more days, it shall be taken for the purposes of this section to have been committed on the last of those days.
(6)For the purposes of [F6sections 9 and 10 of the M1Criminal Appeal Act 1968, any order made by the Crown Court under subsection (2) above, or made under subsection (3A) above,] with regard to any person shall be treated as a sentence passed on him for the offence for which the sentence referred to in subsection (1) above was passed.]
Textual Amendments
F1Words in s. 40(3)(b) inserted (10.4.1995) by 1994 c. 33, s. 168(1), Sch. 10 para. 67; S.I. 1995/721, art. 2, Sch. 1, Appendix A.
F2Words in s. 40(3) substituted (30.9.1998) by virtue of 1998 c. 37, s.106, Sch. 7 para. 43(1); S.I. 1998/2327, art. 2(1)(w).
F3S. 40(3A)(3B) inserted (30.9.1998) by 1998 c. 37, s.106, Sch. 7 para. 43(2); S.I. 1998/2327, art. 2(1)(w).
F4Words in s. 40(4) substituted (30.9.1998) by 1998 c. 37, s.106, Sch. 7 para. 43(3); S.I. 1998/2327, art. 2(1)(w).
F5S. 40(5)(6) inserted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 85; S.I. 1998/2327, art. 2(1)(y)(2)(aa).
F6Words in s. 40(6) substituted (27.7.1999) by 1999 c. 22, ss. 58(1), 108(3)(with s. 107, Sch. 14 para. 7(2))
Modifications etc. (not altering text)
C1Ss. 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
I1Pt. 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