Office of Public Sector Information
Section 23
1 A period specified under paragraph 2 is to be treated as being a relevant period within the meaning of section 67 of the Criminal Justice Act 1967 (c. 80).
2 (1) This paragraph applies where—
(a) a court sentences an offender to a term of imprisonment for an offence that was committed before 4th April 2005,
(b) the offender was remanded on bail by a court in the course of or in connection with proceedings for the offence, or any related offence, after the coming into force of paragraph 1, and
(c) the offender’s bail was subject to a qualifying curfew condition and an electronic monitoring condition (“the relevant conditions”).
(2) Subject to sub-paragraph (4), the court must by order specify the credit period.
(3) The “credit period” is the number days represented by half of the sum of—
(a) the day on which the offender’s bail was first subject to conditions that, had they applied throughout the day in question, would have been relevant conditions, and
(b) the number of other days on which the offender’s bail was subject to those conditions (excluding the last day on which it was so subject),
rounded up to the nearest whole number.
(4) Sub-paragraph (2) does not apply if and to the extent that—
(a) rules made by the Secretary of State so provide, or
(b) it is in the opinion of the court just in all the circumstances not to give a direction under that subsection.
(5) Where as a result of paragraph (a) or (b) of sub-paragraph (4) the court does not specify the credit period under sub-paragraph (2), it may in accordance with either of those paragraphs by order specify a lesser period.
(6) Rules under sub-paragraph (4)(a) may, in particular, make provision in relation to—
(a) sentences of imprisonment for consecutive terms;
(b) sentences of imprisonment for terms which are wholly or partly concurrent;
(c) periods during which a person granted bail subject to the relevant conditions is also subject to electronic monitoring required by an order made by a court or the Secretary of State.
(7) In considering whether it is of the opinion mentioned in sub-paragraph (4)(b) the court must, in particular, take into account whether or not the offender has, at any time whilst on bail subject to the relevant conditions, broken either or both of them.
(8) Where the court specifies a period under sub-paragraph (2) or (5) it shall state in open court—
(a) the number of days on which the offender was subject to the relevant conditions, and
(b) the number of days in the period specified.
(9) Sub-paragraph (10) applies where the court—
(a) does not specify the credit period under sub-paragraph (2) but does specify a lesser period under sub-paragraph (5), or
(b) does not specify a period under either sub-paragraph (2) or (5).
(10) The court shall state in open court—
(a) that its decision is in accordance with rules made under paragraph (a) of sub-paragraph (4), or
(b) that it is of the opinion mentioned in paragraph (b) of that sub-paragraph and what the circumstances are.
(11) In this paragraph—
“electronic monitoring condition” means any electronic monitoring requirements imposed under section 3(6ZAA) of the Bail Act 1976 (c. 63) 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; and
“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.
Section 39(6)
1 Any reference to the offender is, in relation to a youth default order, to be read as a reference to the person in default; and any reference to the time when the offender is convicted is to be read as a reference to the time when the order is made.
2 (1) In its application to a youth default order, paragraph 10 of Schedule 1 (unpaid work requirement) is modified as follows.
(2) Sub-paragraph (2) has effect as if for paragraphs (a) and (b) there were substituted—
“(a) not less than 20, and
(b) in the case of an amount in default which is specified in the first column of the following Table, not more than the number of hours set out opposite that amount in the second column.
| Amount | Number of hours |
|---|---|
| An amount not exceeding £200 | 40 |
| An amount exceeding £200 but not exceeding £500 | 60 |
| An amount exceeding £500 | 100”. |
(3) Sub-paragraph (7) has effect as if after “Unless revoked” there were inserted “(or section 39(7)(a) applies)”.
3 (1) In its application to a youth default order, paragraph 12 of Schedule 1 (attendance centre requirement) is modified as follows.
(2) Sub-paragraph (2) has effect as if—
(a) in paragraph (a), for the words following “conviction” there were substituted “must be, in the case of an amount in default which is specified in the first column of the following Table, not more than the number of hours set out opposite that amount in the second column.
| Amount | Number of hours |
|---|---|
| An amount not exceeding £250 | 8 |
| An amount exceeding £250 but not exceeding £500 | 14 |
| An amount exceeding £500 | 24”, |
(b) in paragraph (b), for the words following “conviction” there were substituted “must be, in the case of an amount in default which is specified in the first column of the following Table, not more than the number of hours set out opposite that amount in the second column.
| Amount | Number of hours |
|---|---|
| An amount not exceeding £250 | 8 |
| An amount exceeding £250 but not exceeding £500 | 14 |
| An amount exceeding £500 | 24”, |
(c) in paragraph (c), for “must not be more than 12” there were substituted “must be, in the case of an amount in default which is specified in the first column of the following Table, not more than the number of hours set out opposite that amount in the second column.
| Amount | Number of hours |
|---|---|
| An amount not exceeding £250 | 8 |
| An amount exceeding £250 but not exceeding £500 | 10 |
| An amount exceeding £500 | 12”. |
4 (1) In its application to a youth default order, paragraph 14 of Schedule 1 (curfew requirement) is modified as follows.
(2) That paragraph has effect as if after sub-paragraph (2) there were inserted—
“(2A) In the case of an amount in default which is specified in the first column of the following Table, the number of days on which the person in default is subject to the curfew requirement must not exceed the number of days set out opposite that amount in the second column.
| Amount | Number of days |
|---|---|
| An amount not exceeding £200 | 20 |
| An amount exceeding £200 but not exceeding £500 | 30 |
| An amount exceeding £500 but not exceeding £1,000 | 60 |
| An amount exceeding £1,000 but not exceeding £2,000 | 90 |
| An amount exceeding £2,000 | 180”. |
5 (1) In its application to a youth default order, Schedule 2 (breach, revocation or amendment of youth rehabilitation orders) is modified as follows.
(2) Any reference to the offence in respect of which the youth rehabilitation order was made is to be read as a reference to the default in respect of which the youth default order was made.
(3) Accordingly, any power of the court to revoke a youth rehabilitation order and deal with the offender for the offence is to be taken to be a power to revoke the youth default order and deal with him in any way in which the court which made the youth default order could deal with him for his default in paying the sum in question.
(4) Paragraph 2 has effect as if for paragraphs (a) and (b) there were substituted “as having been made by a magistrates' court”.
(5) The following provisions are omitted—
(a) paragraph 6(2)(a) and (b)(i), (5) and (12) to (16),
(b) paragraph 11(5),
(c) paragraph 18(7), and
(d) paragraph 19(3).
6 The Secretary of State may by order amend paragraph 2, 3 or 4 by substituting for any reference to an amount of money or a number of hours or days there specified a reference to such other amount or number as may be specified in the order.
7 (1) In its application to a youth default order, Schedule 3 is modified as follows.
(2) Paragraph 9 has effect as if, after sub-paragraph (2) there were inserted—
“(3) Nothing in sub-paragraph (1) affects the application of section 39(7) to a youth default order made or amended in accordance with paragraph 1 or 2.”
(3) Paragraph 12 has effect as if, after paragraph (b) there were inserted—
“(bb) any power to impose a fine on the offender”.
Criminal Justice and Immigration Act 2008