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The Remand in Custody (Effect of Concurrent and Consecutive Sentences of Imprisonment) Rules 2005

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2005, ISBN 0110723198

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Rules laid before Parliament under section 330(5)(d) of the Criminal Justice Act 2003, for approval by resolution of each House of Parliament.

CRIMINAL LAW, ENGLAND AND WALES

Made 2005

Coming into force 2005

The Secretary of State, in exercise of the powers conferred upon him by section 240(4)(a) of the Criminal Justice Act 2003f1 hereby makes the following Rules, a draft of which has been laid before and approved by resolution of each House of Parliament:

Annotations to the whole text

Footnotes

f1

2003 c.44.

Contents

  1. 1Article 1
  2. 2Article 2
  3. Signature
  4. Explanatory note

1

(1)

These Rules may be cited as the Remand in Custody (Effect of Concurrent and Consecutive Sentences of Imprisonment) Rules 2005 and shall come into force on the day after the day on which they are made.

(2)

In these Rules “the 2003 Act” means the Criminal Justice Act 2003.

2

Section 240(3) of the 2003 Act does not apply in relation to a day for which an offender was remanded in custody—

(a)

if on that day he was serving a sentence of imprisonment (and it was not a day on which he was on licence under Chapter 6 of Part 12 of the 2003 Act or Part 2 of the Criminal Justice Act 1991f1);or

(b)

where the term of imprisonment referred to in subsection (1) of that section is ordered to be served consecutively on another term of imprisonment, if the length of that other term falls to be reduced by the same day by virtue of section 67 of the Criminal Justice Act 1967f2.

Signature

Minister of State

Home Office

2005

Explanatory note

(This note is not part of the Order)

These Rules provide for the cases in which a court is not required to direct under section 240(3) of the Criminal Justice Act 2003 (c.44) that the number of days spent by an offender remanded in custody is to count as time served by him as part of his sentence.

Under Rule 2 (a), no direction should be made if, while on remand, the offender was also serving another sentence of imprisonment and was not released on licence. Rule 2(b) provides that no direction is to be made where a court imposes a sentence to be served consecutively on a sentence to which section 67 of the Criminal Justice Act 1967(c.80) applies.