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Paragraph 2 Provisions affecting length of sentence

United Kingdom

(1)

The following provisions of the law of England and Wales do not apply—

(a)

section 24 of the Prison Act 1952 (c. 52) (calculation of term of sentence: meaning of “month”);

(b)

section 49(2) of that Act (deduction of periods unlawfully at large);

(c)

section 23(3) F1and (3B) of the Criminal Justice Act 1961 (c. 39) (discharge at weekend F2, on a holiday or on a working day immediately before a non-working day);

F3(d)

F4sections 240ZA and 240A of the Criminal Justice Act 2003 F5and section 325 of the Sentencing Code (crediting of periods spent on remand in custody or on bail subject to certain types of condition: terms of imprisonment F6or detention and detention and training orders).

(2)

The following provisions of the law of Northern Ireland do not apply—

any provision of rules under section 13 of the Prisons (Northern Ireland) Act 1953 (c. 18 (N.I.)) (prison rules) as to—

(a)

remission, or

(b)

discharge at a weekend or on a holiday;

  • section 38(2) of that Act (deduction of periods unlawfully at large);

  • section 26(2) of the Treatment of Offenders Act (Northern Ireland) 1968 (c. 29 (N.I.)) (taking into account of time spent in custody).

Annotations

Textual amendments

F1

Words in Sch. 7 para. 2(1)(c) inserted (12.12.2023) by Offenders (Day of Release from Detention) Act 2023 (c. 25), ss. 2(a), 3(3); S.I. 2023/1329, reg. 2

F2

Words in Sch. 7 para. 2(1)(c) substituted (12.12.2023) by Offenders (Day of Release from Detention) Act 2023 (c. 25), ss. 2(b), 3(3); S.I. 2023/1329, reg. 2

F3

Sch. 7 para. 2(1)(d) substituted (3.11.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 22(7), 153(7); S.I. 2008/2712, art. 2, Sch. para. 2

F4

Words in Sch. 7 para. 2(1)(d) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 13 para. 13; S.I. 2012/2906, art. 2(k)

F5

Words in Sch. 7 para. 2(1)(d) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 179 (with Sch. 27); S.I. 2020/1236, reg. 2

F6

Words in Sch. 7 para. 2(1)(d) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(s), Sch. 16 para. 13