- Latest available (Revised)
- Point in Time (01/12/2020)
- Original (As enacted)
Version Superseded: 30/04/2021
Point in time view as at 01/12/2020.
Criminal Justice Act 2003, Cross Heading: Effect of remand in custodyor on bail subject to certain types of condition is up to date with all changes known to be in force on or before 14 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Textual Amendments
F1Words 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)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2S. 240 omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 108(1), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
Modifications etc. (not altering text)
C1Pt. 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)
(1)This section applies where—
(a)an offender is serving a term of imprisonment in respect of an offence, and
(b)the offender has been remanded in custody (within the meaning given by section 242) in connection with the offence or a related offence.
(2)It is immaterial for that purpose whether, for all or part of the period during which the offender was remanded in custody, the offender was also remanded in custody in connection with other offences (but see subsection (5)).
(3)The number of days for which the offender was remanded in custody in connection with the offence or a related offence is to count as time served by the offender as part of the sentence.
But this is subject to subsections (4) to (6).
(4)If, on any day on which the offender was remanded in custody, the offender was also detained in connection with any other matter, that day is not to count as time served.
(5)A day counts as time served—
(a)in relation to only one sentence, and
(b)only once in relation to that sentence.
(6)A day is not to count as time served as part of any [F4automatic release period served by the offender] (see section 255B(1)).
[F5(6A)Where a court has made a declaration under section 327 of the Sentencing Code in relation to the offender in respect of the offence, this section applies to days specified under subsection (3) of that section as if they were days for which the offender was remanded in custody in connection with the offence or a related offence.]
(7)For the purposes of this section a suspended sentence—
(a)is to be treated as a sentence of imprisonment when it takes effect under [F6paragraph 13(1)(a) or (b) of Schedule 16 to the Sentencing Code], and
(b)is to be treated as being imposed by the order under which it takes effect.
(8)In this section “related offence” means an offence, other than the offence for which the sentence is imposed (“offence A”), with which the offender was charged and the charge for which was founded on the same facts or evidence as offence A.
(9)For the purposes of the references in subsections (3) and (5) to the term of imprisonment to which a person has been sentenced (that is to say, the reference to the offender's “sentence”), consecutive terms and terms which are wholly or partly concurrent are to be treated as a single term if—
(a)the sentences were passed on the same occasion, or
(b)where they were passed on different occasions, the person has not been released at any time during the period beginning with the first and ending with the last of those occasions.
(10)The reference in subsection (4) to detention in connection with any other matter does not include remand in custody in connection with another offence but includes—
(a)detention pursuant to any custodial sentence;
(b)committal in default of payment of any sum of money;
(c)committal for want of sufficient distress to satisfy any sum of money;
(d)committal for failure to do or abstain from doing anything required to be done or left undone.
(11)This section applies to a determinate sentence of detention under section 91 or 96 [F7of the PCC(S)A 2000, under section 250, 254, 262, 265 or 266 of the Sentencing Code or under] section [F8226A, 226B,] 227[F9, 228 or 236A] of this Act as it applies to an equivalent sentence of imprisonment.]
Textual Amendments
F3S. 240ZA inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 108(2), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
F4Words in s. 240ZA(6) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 9(6), 22(1) (with Sch. 7 para. 5); S.I. 2015/40, art. 2(i)
F5S. 240ZA(6A) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 219(2) (with Sch. 27); S.I. 2020/1236, reg. 2
F6Words in s. 240ZA(7)(a) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 219(3) (with Sch. 27); S.I. 2020/1236, reg. 2
F7Words in s. 240ZA(11) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 219(4) (with Sch. 27); S.I. 2020/1236, reg. 2
F8Words in s. 240ZA(11) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 20 para. 4; S.I. 2012/2906, art. 2(r)
F9Words in s. 240ZA(11) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 1 para. 16; S.I. 2015/778, art. 3, Sch. 1 para. 72
(1)[F12Subsection (2) applies] where—
(a)a court sentences an offender to imprisonment for a term in respect of an offence [F13of which the offender was convicted before 1 December 2020] F14... ,
(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”).
(2)Subject to [F15subsections (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.
F16[F17(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F18(3ZA)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.
(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 [F19automatic release period served by the offender] (see section 255B(1)).]
F20(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F21(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F21(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11)[F22Subsections (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 [F23the PCC(S)A 2000] relates;
(ii)in paragraph (a) after “Schedule 12” there were inserted or section 119(1)(a) or (b) of [F24the PCC(S)A 2000]; and
(b)[F25in subsection (9) the references to subsections (3) and (5) of section 240ZA are] to be read as a reference to [F26subsections (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—
[F27“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; F28...
F28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]
Textual Amendments
F10S. 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)
F11Words 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)
F12Words 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
F13Words 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
F14Words 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)
F15Words 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)
F16S. 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
F17S. 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)
F18S. 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
F19Words 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)
F20S. 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
F21S. 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)
F22Words 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)
F23Words 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
F24Words 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
F25Words 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)
F26Words 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
F27Words 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)
F28Words 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)
Modifications etc. (not altering text)
C4S. 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
C5S. 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
C6S. 240A(2) excluded (3.11.2008) by The Remand on Bail (Disapplication of Credit Period) Rules 2008 (S.I. 2008/2793), art. 2
C7S. 240A(2) excluded (3.11.2008) by The Remand on Bail (Disapplication of Credit Period) Rules 2008 (S.I. 2008/2793), art. 3
C8S. 240A(2) excluded (3.11.2008) by The Remand on Bail (Disapplication of Credit Period) Rules 2008 (S.I. 2008/2793), art. 4
(1)In determining for the purposes of this Chapter F31... whether a person [F32to whom section 240ZA applies or a direction under section 240A ] [F33or under section 325 of the Sentencing Code] relates —
(a)has served, or would (but for his release) have served, a particular proportion of his sentence, or
(b)has served a particular period,
the number of days [F34specified in section 240ZA or in the direction under section 240A] [F35or under section 325 of the Sentencing Code] are to be treated as having been served by him as part of that sentence or period.
[F36(1A)In subsection (1) the reference to [F37section 240ZA includes] section 246 of the Armed Forces Act 2006.]
F38(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F29Words in s. 241 heading substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 110(6), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
F30Words in s. 241 heading inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 221(2) (with Sch. 27); S.I. 2020/1236, reg. 2
F31Words in s. 241(1) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 20(a); S.I. 2012/2906, art. 2(h)
F32Words in s. 241(1) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 110(4)(a), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
F33Words in s. 241(1) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 221(3)(a) (with Sch. 27); S.I. 2020/1236, reg. 2
F34Words in s. 241(1) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 110(4)(b), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
F35Words in s. 241(1) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 221(3)(b) (with Sch. 27); S.I. 2020/1236, reg. 2
F36S. 241(1A) inserted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c.52), ss. 378(1), 383, Sch. 16 para. 220; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F37Words in s. 241(1A) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 110(5), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
F38S. 241(2) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 20(b); S.I. 2012/2906, art. 2(h)
Modifications etc. (not altering text)
C9S. 241 modified (26.1.2004) by The Intermittent Custody (Transitory Provisions) Order 2003 (S.I. 2003/3283), art. 3
Commencement Information
I1S. 241 wholly in force 4.4.2005; s. 241 not in force at Royal Assent, see s. 336(3); s. 241 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 241 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject to art. 2(2), Sch. 2)
(1)For the purposes of [F39sections 240ZA][F40, 240A] and 241, the definition of “sentence of imprisonment” in section 305 applies as if for the words from the beginning of the definition to the end of paragraph (a) there were substituted—
““sentence of imprisonment” does not include a committal—
(a)in default of payment of any sum of money, other than one adjudged to be paid on a conviction,”;
and references in those sections to sentencing an offender to imprisonment, and to an offender’s sentence, are to be read accordingly.
(2)References in [F39sections 240ZA] and 241 to an offender’s being remanded in custody are references to his being—
(a)remanded in or committed to custody by order of a court,
(b)remanded [F41to youth detention accommodation under section 91(4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012], or
(c)remanded, admitted or removed to hospital under section 35, 36, 38 or 48 of the Mental Health Act 1983 (c. 20).
F42(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F39Words in s. 242 substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 110(7), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
F40Words in s. 242 inserted (3.11.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 21(6), 153; S.I. 2008/2712, art. 2, Sch. para. 1 (subject to arts. 3, 4)
F41Words in s. 242(2)(b) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 12 para. 51(a); S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
F42S. 242(3) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 12 para. 51(b); S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
Modifications etc. (not altering text)
C10S. 242(2) applied (1.12.2008) by The Criminal Justice Act 1988 (c. 33), s. 133B(8) (as inserted by Criminal Justice and Immigration Act 2008 (c. 4), ss. 61(7), 153; S.I. 2008/2993, art. 2 (subject to art. 3))
C11S. 242(2)(b) modification to saving for effects of 2012 c. 10, Sch. 12 para. 51(a) by S.I. 2012/2906, art. 7(2)(3) (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. 138; S.I. 2012/1236, reg. 2
C12S. 242(3) modification to saving for effects of 2012 c. 10, Sch. 12 para. 51(b) by S.I. 2012/2906, art. 7(2)(3) (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. 138; S.I. 2012/1236, reg. 2
Commencement Information
I2S. 242 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject to art. 2(2), Sch. 2)
(1)A fixed-term prisoner is an extradited prisoner for the purposes of this section if—
(a)he was tried for the offence in respect of which his sentence was imposed [F43or he received that sentence]—
(i)after having been extradited to the United Kingdom, and
(ii)without having first been restored or had an opportunity of leaving the United Kingdom, and
(b)he was for any period kept in custody while awaiting his extradition to the United Kingdom as mentioned in paragraph (a)[F44, and
(c)the court has specified under section 327(3) of the Sentencing Code the number of days for which the prisoner was so kept in custody.]
F45[F46(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2A)Section 240ZA applies to days specified under [F47section 327(3) of the Sentencing Code] as if they were days for which the prisoner was remanded in custody in connection with the offence or a related offence.]
F48(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F43Words in s. 243(1) inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 31; S.I. 2006/3364, art. 2
F44S. 243(1)(c) and word inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 222(2) (with Sch. 27); S.I. 2020/1236, reg. 2
F45S. 243(2) omitted (1.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 222(3) (with Sch. 27); S.I. 2020/1236, reg. 2
F46S. 243(2)(2A) substituted for s. 243(2) (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 110(8), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
F47Words in s. 243(2A) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 222(4) (with Sch. 27); S.I. 2020/1236, reg. 2
F48S. 243(3) repealed (27.7.2004) by The Extradition Act 2003 (Repeals) Order 2004 (S.I. 2004/1897), art. 3
Modifications etc. (not altering text)
C13S. 243 applied (15.1.2007) by Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), s. 101(12A) (as inserted by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 32; S.I. 2006/3364, art. 2)
Commencement Information
I3S. 243 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject to art. 2(2), Sch. 2)
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