Part IIEffect of custodial sentences

Chapter IDeterminate sentences

Additional days

15Provisional additional days for remand prisoners

1

This section applies where an accused is remanded in custody in connection with one or more offences—

a

which are alleged to have been committed after the commencement of this Chapter; and

b

in respect of which he would be liable, if convicted, to a life sentence or to imprisonment for a term of more than two months.

2

For the purpose of enabling additional days to be awarded on a provisional basis, prison rules made by virtue of section 14(1) above shall have effect as if the accused—

a

had been convicted of, or of an offence related to, the offence or any of the offences; and

b

had been sentenced to imprisonment for a term of more than two months, on the day on which he was remanded in custody.

3

Subsections (4) and (5) below shall apply if, and only if, each of the following conditions is fulfilled, namely—

a

the accused is convicted of, or of an offence related to, the offence or any of the offences;

b

he is sentenced to imprisonment for a term of more than two months; and

c

a direction is given under section 9 above.

4

For the purposes of section 14(2) and (3) above, any additional days provisionally awarded under subsection (2) above shall be treated as additional days awarded on the day on which the direction under section 9 above is given.

5

If the direction under section 9 above is given in relation to a number of days less than that for which the accused was remanded in custody, subsection (4) above shall have effect as if the reference to any additional days provisionally awarded under subsection (2) above were a reference to the appropriate proportion of those days (rounded up to the nearest whole day).

6

In this section—

  • “the appropriate proportion” has the same meaning as in section 13 above;

  • “life sentence” has the same meaning as in section 34 below;

  • “related”, in relation to an offence, has the same meaning as in section 9 above;

and subsections (2), (9) and (10) of section 9 above shall apply for the purposes of this section as they apply for the purposes of that section.