Remand time and additional daysE+W
41 Remand time to count towards time served.E+W
(1)This section applies to any person whose sentence falls to be reduced under section 67 of the M1Criminal Justice Act 1967 (“the 1967 Act”) by any relevant period within the meaning of that section (“the relevant period”).
(2)For the purpose of determining for the purposes of this Part—
(a)whether a person to whom this section applies has served one-half or two-thirds of his sentence; or
(b)whether such a person would (but for his release) have served three-quarters of that sentence,
the relevant period shall, subject to subsection (3) below, be treated as having been served by him as part of that sentence.
(3)Nothing in subsection (2) above shall have the effect of reducing the period for which a licence granted under this Part to a short-term or long-term prisoner remains in force to a period which is less than—
(a)one-quarter of his sentence in the case of a short-term prisoner; or
(b)one-twelfth of his sentence in the case of a long-term prisoner.
Modifications etc. (not altering text)
C1Ss. 41-46 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II para. 8(2), Sch. 5 para. 9(1)(a); S.I. 1997/2200, art. 2(1).
Ss. 35-46 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II para. 9(2), Sch. 5 para. 10(1)(b); S.I. 1997/2200, art. 2(1).
S. 41 modified (prosp.) by 1997 c. 43, ss. 56(1), 57(2), Sch. 5 para.4 (by 1998 c. 37, s. 120(2), Sch. 10 and S.I. 1998/2327, art. 2(1)(aa)(3)(x) the said Sch. 5 paras. 1-4 were repealed (30.9.1998).
Commencement Information
I1Pt. II (ss. 32-51) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
Marginal Citations
42 Additional days for disciplinary offences.E+W
(1)Prison rules, that is to say, rules made under section 47 of the 1952 Act, may include provision for the award of additional days—
(a)to short-term or long-term prisoners; or
(b)conditionally on their subsequently becoming such prisoners, to persons on remand,
who (in either case) are guilty of disciplinary offences.
(2)Where additional days are awarded to a short-term or long-term prisoner, or to a person on remand who subsequently becomes such a prisoner, and are not remitted in accordance with prison rules—
(a)any period which he must serve before becoming entitled to or eligible for release under this Part; and
(b)any period for which a licence granted to him under this Part remains in force,
shall be extended by the aggregate of those additional days.
Modifications etc. (not altering text)
C2Ss. 41-46 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II para. 8(2), Sch. 5 para. 9(1)(a); S.I. 1997/2200, art. 2(1).
Ss. 35-46 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II para. 9(2), Sch. 5 para. 10(1)(b); S.I. 1997/2200, art. 2(1).
Commencement Information
I2Pt. II (ss. 32-51) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.