OpenLegislation

Section 246 Crediting of time in service custody: terms of imprisonment and detentionI1I2C1I3

United Kingdom

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This section applies where—

(a)

a court or officer sentences an offender to a term of imprisonment or service detention in respect of a service offence (“the offence in question”); and

(b)

the offender has been kept in service custody, in connection with the offence in question or any related offence, for any period since being charged with the offence in question or any related offence.

(2)

F1The number of days for which the offender was kept in service custody in connection with the offence in question or any related offence since being so charged is to count as time served by the offender as part of the sentence.

(2A)

If, on any day on which the offender was kept in service custody, the offender was also detained in connection with any other matter, that day is not to count as time served.

(2B)

A day counts as time served—

(a)

in relation to only one sentence, and

(b)

only once in relation to that sentence.

(2C)

A day is not to count as time served as part of any F2automatic release period served by the offender (see section 255B(1) F3or 255BA(1) of the 2003 Act).

(6)

This section applies to—

(a)

a determinate sentence of detention under section 209, F4...

(b)

a sentence of detention under section F5226B or 228 of the 2003 Act passed as a result of section F6221A or 222 of this Act F7,

(ba)

F8an extended sentence of detention under section 254 of the Sentencing Code passed as a result of section 221A of this Act, and

(c)

a determinate sentence of detention in a young offender institution,

as it applies to an equivalent sentence of imprisonment.

(7)

References in this section to “the court” are to the court or officer mentioned in subsection (1).

Annotations

Textual amendments

F1

S. 246(2)-(2C) substituted for s. 246(2)-(5) (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 13 para. 2(2); S.I. 2012/2906, art. 2(k)

F2

Words in s. 246(2C) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 6 para. 3 (with s. 23(4), Sch. 7 para. 5); S.I. 2015/40, art. 2(w)

F3

Words in s. 246(2C) inserted (for specified purposes and otherwise coming into force in accordance with reg. 4 of the commencing S.I.) by Sentencing Act 2026 (c. 2), ss. 33(12), 49(1) (with s. 33(14)); S.I. 2026/86, regs. 3(b)(iv), 4

F4

Word in s. 246(6)(a) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 13 para. 2(3)(a); S.I. 2012/2906, art. 2(k)

F5

Words in s. 246(6)(b) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 22 para. 32(a); S.I. 2012/2906, art. 2(t)

F6

Words in s. 246(6)(b) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 22 para. 32(b); S.I. 2012/2906, art. 2(t)

F7

S. 246(6)(c) and word inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 13 para. 2(3)(b); S.I. 2012/2906, art. 2(k)

F8

S. 246(6)(ba) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 55 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

Modifications

C1

S. 246 modified by 1968 c. 20, Sch. 1 para. 4 (as substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 54; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059, Sch. 2 para. 13 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, 5(3)); S.I. 2009/1167, art. 4

Commencement

I1

S. 246 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059, Sch. 2 para. 13 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, 5(3)); S.I. 2009/1167, art. 4

I2

S. 246 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

I3

S. 246 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059, Sch. 2 para. 13 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, 5(3)); S.I. 2009/1167, art. 4

Notes on the whole Act

Textual amendments

F1

Act expires on 15.12.2022 by virtue of s. 382 (as substituted (15.12.2021) by Armed Forces Act 2021 (c. 35), ss. 1(1), 24(2)(a)) (subject to power to continue in s. 382(2)(3) as so substituted)