C11C10Part 12Sentencing

Annotations:
Modifications etc. (not altering text)
C11

Pt. 12 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 183(4), 383 (as amended (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 23(2)(b)); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

C10

Pt. 12 (ss. 142-305) modified (4.4.2005) by The Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 (S.I. 2005/643), art. 3 (as amended (E.W.) (3.12.2012) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential and Saving Provisions) Regulations 2012 (S.I. 2012/2824), regs. 1, 3(1) (with reg. 3(2)) and as amended (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), s. 5(2)(3), Sch. 2 para. 139; S.I. 2012/1236, reg. 2)

C4C6C9C5Chapter 6F14 Release, licencesF18, supervision and recall

Annotations:
Amendments (Textual)
F18

Word in Pt. 12 Ch. 6 heading inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 15 (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u)

Modifications etc. (not altering text)
C4

Pt. 12 Ch. 6 applied to any person serving a sentence for an offence committed before 4 April 2005 (whenever that sentence was or is imposed) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 121(1), 151(1); S.I. 2012/2906, art. 2(d)

Effect of remand in custodyF1or on bail subject to certain types of condition

Annotations:
Amendments (Textual)
F1

Words in s. 240 cross-heading inserted (3.11.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 21(3), 153; S.I. 2008/2712, art. 2, Sch. para. 1 (subject to arts. 3, 4)

C9C5C8C7240AC9C5F2F22Time remanded on bail to count towards time served: terms of imprisonment and detention

1

F3Subsection (2) applies where—

a

a court sentences an offender to imprisonment for a term in respect of an offence F11of which the offender was convicted before 1 December 2020F5... ,

b

the offender was remanded on bail by a court in course of or in connection with proceedings for the offence, or any related offence, after the coming into force of section 21 of the Criminal Justice and Immigration Act 2008, and

c

the offender's bail was subject to a qualifying curfew condition and an electronic monitoring condition (“the relevant conditions”).

C1C2C32

Subject to F21subsections (3A) and (3B), the court must direct that the credit period is to count as time served by the offender as part of the sentence.

F9F123

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F133ZA

Subsection (3ZB) applies where—

a

an offender is serving a term of imprisonment in respect of an offence, and

b

the court has made a declaration under section 325 of the Sentencing Code specifying a credit period in relation to the sentence.

3ZB

Subject to subsections (3A) and (3B), the credit period is to count as time served by the offender as part of the sentence.

3A

A day of the credit period counts as time served—

a

in relation to only one sentence, and

b

only once in relation to that sentence.

3B

A day of the credit period is not to count as time served as part of any F15automatic release period served by the offender (see section 255B(1)).

F68

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F179

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1710

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

F8Subsections (7) to (9) and (11) of section 240ZA apply for the purposes of this section as they apply for the purposes of that section but as if—

a

in subsection (7)—

i

the reference to a suspended sentence is to be read as including a reference to a sentence to which an order under section 118(1) of F10the PCC(S)A 2000 relates;

ii

in paragraph (a) after “Schedule 12” there were inserted or section 119(1)(a) or (b) of F7the PCC(S)A 2000; and

b

F16in subsection (9) the references to subsections (3) and (5) of section 240ZA are to be read as a reference to F20subsections (2) and (3ZB) of this section and, in paragraph (b), after “Chapter” there were inserted or Part 2 of the Criminal Justice Act 1991.

12

In this section—

  • F4“curfew requirement” means a requirement (however described) to remain at one or more specified places for a specified number of hours in any given day, provided that the requirement is imposed by a court or the Secretary of State and arises as a result of a conviction;

  • “electronic monitoring condition” means any electronic monitoring requirements imposed under section 3(6ZAA) of the Bail Act 1976 for the purpose of securing the electronic monitoring of a person's compliance with a qualifying curfew condition;

  • “qualifying curfew condition” means a condition of bail which requires the person granted bail to remain at one or more specified places for a total of not less than 9 hours in any given day; F19...

  • F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .