Legal Aid, Sentencing and Punishment of Offenders Act 2012

109 Crediting of periods of remand on bail E+W

(1) Section 240A of the Criminal Justice Act 2003 (crediting periods of remand on bail: terms of imprisonment and detention) is amended as follows.

(2) In subsection (2), for “subsection (4)” substitute “ subsections (3A) and (3B) ”.

(3) For subsections (3) to (7) substitute—

“(3) The credit period is calculated by taking the following steps.

• Step 1 Add—

  (a)

  the day on which the offender's bail was first subject to the relevant conditions (and for this purpose a condition is not prevented from being a relevant condition by the fact that it does not apply for the whole of the day in question), and

  (b)

  the number of other days on which the offender's bail was subject to those conditions (but exclude the last of those days if the offender spends the last part of it in custody).

• Step 2 Deduct the number of days on which the offender, whilst on bail subject to the relevant conditions, was also—

  (a)

  subject to any requirement imposed for the purpose of securing the electronic monitoring of the offender's compliance with a curfew requirement, or

  (b)

  on temporary release under rules made under section 47 of the Prison Act 1952.

• Step 3 From the remainder, deduct the number of days during that remainder on which the offender has broken either or both of the relevant conditions.

• Step 4 Divide the result by 2.

• Step 5 If necessary, round up to the nearest whole number.

(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 period of 28 days served by the offender before automatic release (see section 255B(1)).”

(4) In subsection (8)—

(a) omit “or (5)”;

(b) for paragraph (b) substitute—

“(b) the number of days (if any) which it deducted under each of steps 2 and 3.”

(5) Omit subsections (9) and (10).

(6) In subsection (11)—

(a) for “Subsections (7) to (10) of section 240” substitute “ Subsections (7) to (9) and (11) of section 240ZA ”;

(b) in paragraph (b), for “in subsection (8) the reference to subsection (3) of section 240 is” substitute “ in subsection (9) the references to subsections (3) and (5) of section 240ZA are ”.

(7) In subsection (12)—

(a) before the definition of “electronic monitoring condition” insert—

““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;”;

(b) omit the definition of “related offence” and the “and” preceding it.

(8) In the heading of the section, for “Crediting periods of remand on bail” substitute “ Time remanded on bail to count towards time served ”.