Criminal Justice Act 2003

240A Time remanded on bail to count towards time served: terms of imprisonment or detention and detention and training orders

(1) Subsection (2) applies where— (a) a court sentences an offender to imprisonment for a term in respect of an offence of which the offender was convicted before 1 December 2020 ... , (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”). (2) Subject to subsections (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. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3ZA) 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. (3ZAA) Subsection (3ZB) also applies where— (a) a court, on or after the day on which Schedule 16 to the Police, Crime, Sentencing and Courts Act 2022 came into force, makes a detention and training order in respect of an offender for 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 order. (3ZAB) In this section any reference to a “sentence”, in relation to an offender, is to— (a) a term of imprisonment being served by the offender as mentioned in subsection (3ZA)(a), or (b) a detention and training order made in respect of the offender as mentioned in subsection (3ZAA)(a). (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 automatic release period served by the offender (see section 255B(1) or 255BA(1)). (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (11) Subsections (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 the PCC(S)A 2000 relates; (ii) in paragraph (a) after “Schedule 12” there were inserted or section 119(1)(a) or (b) of the PCC(S)A 2000; and (b) in subsection (9) the references to subsections (3) and (5) of section 240ZA are to be read as a reference to subsections (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— “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; ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .