FIFTH GROUP OF PARTSSentencing: miscellaneous provision and interpretation

PART 12Miscellaneous provision about sentencing

CHAPTER 2Commencement and alteration of sentence

384Commencement of sentence

(1)

A sentence imposed by a court when dealing with an offender takes effect from the beginning of the day on which it is imposed, unless the court otherwise directs.

(2)

The power to give a direction under subsection (1) is subject to section 225 (restriction on consecutive sentences for released prisoners).

(3)

This section is subject to—

(a)

section 198 (when a youth rehabilitation order is in force);

(b)

sections 237, 253, 257 and 270 (interaction of detention and training order with other sentences);

(c)

section 334 (duration of criminal behaviour order);

(d)

section 385(5) (alteration of Crown Court sentence);

(e)

section 142(5) of the Magistrates’ Courts Act 1980 (power of magistrates’ court to re-open cases to rectify mistakes etc).

(4)

In this section—

“sentence” has the meaning given by section 401, but—

(a)

also includes a recommendation for deportation made when dealing with an offender, and

(b)

does not include an order relating to a requirement to make a payment under regulations under section 23 or 24 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (legal aid: payment for services and enforcement);

“imposed” includes made.