OpenLegislation

Section 240A Time remanded on bail to count towards time served: terms of imprisonment or detention and detention and training ordersC1C2F1F21F22C3C4

England and Wales

(1)

F2Subsection (2) applies where—

(a)

a court sentences an offender to imprisonment for a term in respect of an offence F3of which the offender was convicted before 1 December 2020 F4... ,

(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”).

C5C6C7(2)

Subject to F5subsections (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.

F6(F73)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(F83ZA)

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.

(F93ZAA)

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 F10automatic release period served by the offender (see section 255B(1) F11or 255BA(1)).

F12(8)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13(9)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11)

F14Subsections (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 F15the PCC(S)A 2000 relates;

(ii)

in paragraph (a) after “Schedule 12” there were inserted or section 119(1)(a) or (b) of F16the PCC(S)A 2000; and

(b)

F17in subsection (9) the references to subsections (3) and (5) of section 240ZA are to be read as a reference to F18subsections (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—

  • F19“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; F20...

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1

S. 240A inserted (3.11.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 21(4), 153; S.I. 2008/2712, art. 2, Sch. para. 1 (subject to arts. 3, 4)

F2

Words in s. 240A(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 220(2)(a) (with Sch. 27); S.I. 2020/1236, reg. 2

F3

Words in s. 240A(1)(a) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 220(2)(b) (with Sch. 27) (as amended by S.I. 2020/1236, regs. 1, 4(7)(b)); S.I. 2020/1236, reg. 2

F4

Words in s. 240A(1)(a) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 16 para. 14; S.I. 2012/2906, art. 2(n)

F5

Words in s. 240A(2) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 109(2), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)

F6

S. 240A(3) repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F7

S. 240A(3)-(3B) substituted for s. 240A(3)-(8) (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 109(3), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)

F8

S. 240A(3ZA)(3ZB) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 220(3) (with Sch. 27); S.I. 2020/1236, reg. 2

F9

S. 240A(3ZAA)(3ZAB) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(s), Sch. 16 para. 3(3)

F10

Words in s. 240A(3B) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 9(7), 22(1) (with Sch. 7 para. 5); S.I. 2015/40, art. 2(i)

F11

Words in s. 240A(3B) inserted (31.3.2026 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(4), 49(1) (with s. 33(14)); S.I. 2026/86, regs. 3(b)(iv), 4

F12

S. 240A(8) repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F13

S. 240A(9)(10) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 109(5), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)

F14

Words in s. 240A(11) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 109(6)(a), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)

F15

Words in s. 240A(11)(a)(i) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 220(4) (with Sch. 27); S.I. 2020/1236, reg. 2

F16

Words in s. 240A(11)(a)(ii) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 220(4) (with Sch. 27); S.I. 2020/1236, reg. 2

F17

Words in s. 240A(11)(b) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 109(6)(b), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)

F18

Words in s. 240A(11)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 220(5) (with Sch. 27); S.I. 2020/1236, reg. 2

F19

Words in s. 240A(12) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 109(7)(a), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)

F20

Words in s. 240A(12) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 109(7)(b), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)

F21

Words in s. 240A heading substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 109(8), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)

F22

Words in s. 240A heading substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(s), Sch. 16 para. 3(2)

Modifications

C1

Pt. 12 Ch. 6 modified (1.12.2020) by Sentencing Act 2020 (c. 17), s. 245(1)(2)(c), 416(1) (with ss. 2, 245(3), 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2

C2

Pt. 12 Ch. 6 modified (1.12.2020) by Sentencing Act 2020 (c. 17), s. 244(1)(2)(c), 416(1) (with ss. 2, 244(3), 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2

C3

S. 240A modified in part (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 1, 5(2)(3); S.I. 2012/1236, reg. 2

C4

S. 240A applied (1.12.2020) by Sentencing Act 2020 (c. 17), ss. 325(2), 416(1) (with ss. 2, 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2

C5

S. 240A(2) excluded (3.11.2008) by The Remand on Bail (Disapplication of Credit Period) Rules 2008 (S.I. 2008/2793), art. 2

C6

S. 240A(2) excluded (3.11.2008) by The Remand on Bail (Disapplication of Credit Period) Rules 2008 (S.I. 2008/2793), art. 3

C7

S. 240A(2) excluded (3.11.2008) by The Remand on Bail (Disapplication of Credit Period) Rules 2008 (S.I. 2008/2793), art. 4

Notes on Part 12

Modifications

C1

Pt. 12 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 183(4), 383 (as amended (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 23(2)(b)); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

C2

Pt. 12 (ss. 142-305) modified (4.4.2005) by The Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 (S.I. 2005/643), art. 3 (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, 3(1) (with reg. 3(2)) and as amended (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), s. 5(2)(3), Sch. 2 para. 139; S.I. 2012/1236, reg. 2)

Notes on Chapter 6

Textual amendments

F1

Pt. 12 Ch. 6 heading substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 14 para. 16; S.I. 2012/2906, art. 2(l)

F2

Word in Pt. 12 Ch. 6 heading inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 15 (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u)

Modifications

C1

Pt. 12 Ch. 6 applied to any person serving a sentence for an offence committed before 4 April 2005 (whenever that sentence was or is imposed) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 121(1), 151(1); S.I. 2012/2906, art. 2(d)

C2

Pt. 12 Ch. 6 applied (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 7 para. 2(a); S.I. 2015/40, art. 2(x)

C5

Pt. 12 Ch. 6 applied (29.6.2021) by 1984 c. 47, Sch. para. 2(3B) (as inserted by Counter Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(r), Sch. 11 para. 2)

C6

Pt. 12 Ch. 6 modified (22.3.2026) by 1984 c. 27, Sch. para. 2B(3) (as inserted by Sentencing Act 2026 (c. 2), ss. 41(1), 49(4) (with s. 41(3)(4)))

Notes on Effect of remand in custodyor on bail subject to certain types of condition

Textual amendments

F1

Words in s. 240 cross-heading inserted (3.11.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 21(3), 153; S.I. 2008/2712, art. 2, Sch. para. 1 (subject to arts. 3, 4)