Sentencing Act 2020

239 Period on remand etc: effect on term of detention and training order

(1) Subsection (2) applies where—

(a) a court proposes to make a detention and training order in respect of an offence, and

(b) the offender has been remanded—

(i) in custody, or

(ii) on bail subject to a qualifying curfew condition and an electronic monitoring condition,

in connection with the offence or any other offence the charge for which was founded on the same facts or evidence.

(2) In determining the term of the detention and training order, the court must take account of the period for which the offender was so remanded.

(3) If the court proposes to make two or more detention and training orders in respect of two or more offences—

(a) subsection (2) does not apply, but

(b) in determining the total term of those detention and training orders, the court must take account of the total period for which the offender has been remanded as mentioned in subsection (1)(b)(i) and (ii) in connection with—

(i) any of those offences, or

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

(4) A period of remand may be taken account of under this section only once.

(5) For the purposes of this section, an offender is remanded in custody when—

(a) in police detention for the purposes of the Police and Criminal Evidence Act 1984,

(b) detained under section 41 of the Terrorism Act 2000 (arrest without warrant),

(c) remanded in or committed to custody by an order of a court,

(d) remanded to youth detention accommodation under section 91(4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, or

(e) remanded, admitted or removed to hospital under section 35, 36, 38 or 48 of the Mental Health Act 1983.

(6) For the purposes of this section, “qualifying curfew condition” and “electronic monitoring condition” have the same meanings as in section 325 (direction for time on bail under certain conditions to count as time served): see section 326(3).