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| Wednesday 9th January 2008 |
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| Criminal Justice and Immigration Bill, As Amended
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| | The Amendments have been arranged in accordance with the Criminal Justice |
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| | and Immigration Bill (Programme) (No. 3) [9th January]. |
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| New Clauses relating to section 127 of the criminal justice and public |
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| order act 1994 and related amendments |
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| | Amendment of section 127 of the Criminal Justice and Public Order Act 1994 |
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| To move the following Clause:— |
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| | ‘(1) | Section 127 of the Criminal Justice and Public Order Act 1994 (c. 33) |
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| | (inducements to prison officers to withhold services or breach discipline) is |
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| | (2) | In subsection (1), for paragraph (a) substitute— |
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5 | | “(a) | to take (or continue to take) any industrial action;”. |
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| | (3) | After subsection (1) insert— |
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| | “(1A) | In subsection (1) “industrial action” includes the withholding of services |
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| | as a prison officer and any other action likely to affect the normal |
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10 | | (4) | In subsection (4), after paragraph (a) insert— |
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| | “(aa) | holds any post, other than as a chaplain or assistant chaplain, to |
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| | which he has been appointed for the purposes of section 7 of the |
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| | Prison Act 1952 (appointment of prison staff),”.’. |
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| | As an Amendment to Secretary Jack Straw’s proposed New Clause (Amendment to |
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| | section 127 of the Criminal Justice and Public Order Act 1994) (NC36):— |
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| Line 8, leave out from ‘officer’ to end of line 9. |
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| | Power to suspend the operation of section 127 of the Criminal Justice and Public Order |
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| To move the following Clause:— |
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| | After section 127 of the Criminal Justice and Public Order Act 1994 (c. 33) |
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| | “127A | Power to suspend the operation of section 127 |
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| | (1) | The Secretary of State may make orders suspending, or later reviving, the |
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| | operation of section 127. |
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| | (2) | An order under this section may make different provision in relation to |
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| | different descriptions of prison officer. |
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| | (3) | The power to make orders under this section is exercisable by statutory |
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| | instrument subject to annulment in pursuance of a resolution of either |
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| Page 120, line 31 [Clause 175], at end insert— |
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| | ‘( ) | sections (Amendment of section 127 of the Criminal Justice and Public |
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| | Order Act 1994) and (Power to suspend the operation of section 127 of |
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| | the Criminal Justice and Public Order Act 1994).’ |
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| Title, line 9, after ‘criminality;’ insert ‘to amend section 127 of the Criminal Justice and |
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| Public Order Act 1994 and confer power to suspend the operation of that section;’. |
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| New Clauses relating to self-defence and related amendments |
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| | Reasonable force for purposes of self-defence etc. |
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| To move the following Clause:— |
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| | ‘(1) | This section applies where in proceedings for an offence— |
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| | (a) | an issue arises as to whether a person charged with the offence (“D”) is |
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| | entitled to rely on a defence within subsection (2), and |
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| | (b) | the question arises whether the degree of force used by D against a person |
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5 | | (“V”) was reasonable in the circumstances. |
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| | (a) | the common law defence of self-defence; and |
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| | (b) | the defences provided by section 3(1) of the Criminal Law Act 1967 |
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| | (c. 58) or section 3(1) of the Criminal Law Act (Northern Ireland) 1967 |
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10 | | (c. 18 (N.I.)) (use of force in prevention of crime or making arrest). |
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| | (3) | The question whether the degree of force used by D was reasonable in the |
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| | circumstances is to be decided by reference to the circumstances as D believed |
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| | them to be, and subsections (4) and (5) also apply in connection with deciding that |
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15 | | (4) | The degree of force used by D is not to be regarded as having been reasonable in |
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| | those circumstances if it was disproportionate in those circumstances. |
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| | (5) | In deciding the question the following considerations are to be taken into account |
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| | (so far as relevant in the circumstances of the case)— |
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| | (a) | that a person acting for a legitimate purpose may not be able to weigh to |
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20 | | a nicety the exact measure of any necessary action; and |
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| | (b) | that evidence of a person’s having only done what the person honestly |
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| | and instinctively thought was necessary for a legitimate purpose |
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| | constitutes strong evidence that only reasonable action was taken by that |
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25 | | (6) | Subsection (5) is not to be read as preventing other matters from being taken into |
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| | account where they are relevant to deciding the question mentioned in subsection |
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| | (7) | This section is intended to clarify the operation of the existing defences |
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| | mentioned in subsection (2). |
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30 | | (8) | For the purposes of references in this section to what D believed, it is immaterial |
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| | (a) | any belief of D’s was mistaken, or |
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| | (b) | (if it was mistaken) the mistake was reasonable. |
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| | (9) | But subsection (3) does not enable D to rely on any mistaken belief attributable |
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35 | | to intoxication that was voluntarily induced. |
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| | (a) | “legitimate purpose” means— |
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| | (i) | the purpose of self-defence under the common law, or |
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| | (ii) | the prevention of crime or effecting or assisting in the lawful |
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40 | | arrest of persons mentioned in the provisions referred to in |
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| | (b) | references to self-defence include acting in defence of another person; |
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| | (c) | references to the degree of force used are to the type and amount of force |
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| | As an Amendment to Secretary Jack Straw’s proposed New Clause (Reasonable force |
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| | for purposes of self-defence etc.) (NC6):— |
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| Line 32, leave out from ‘mistaken’ to end of line 33. |
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| | Amendment of the Criminal Law Act 1967 |
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| To move the following Clause:— |
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| | ‘(1) | The Criminal Law Act 1967 (c. 58) is amended as follows. |
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| | (2) | In section 3 (use of force in making arrest, etc.), after subsection (1), insert— |
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| | “(1A) | Where a person uses force in the prevention of crime or in the defence of |
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| | persons or property on another who is in any building or part of a building |
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| | having entered as a trespasser or is attempting so to enter, that person |
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| | shall not be guilty of any offence in respect of the use of that force |
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| | (a) | the degree of force used was grossly disproportionate, and |
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| | (b) | this was or ought to have been apparent to the person using such |
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| | (1B) | No prosecution shall be brought against a person subject to subsection |
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| | (1A) without the leave of the Attorney General. |
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| | (1C) | In this section “building or part of a building” shall have the same |
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| | meaning as in section 9 of the Theft Act 1968 (c. 60) (burglary).”.’. |
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| | Amendment of the Criminal Law Act (Northern Ireland) 1967 |
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| To move the following Clause:— |
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| | ‘(1) | The Criminal Law Act (Northern Ireland) 1967 (c. 18 NI)) is amended as follows. |
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| | (2) | In section 3 (use of force in making arrest, etc.), after subsection (1), insert— |
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| | “(1A) | Where a person uses force in the prevention of crime or in the defence of |
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| | persons or property on another who is in any building or part of a building |
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| | having entered as a trespasser or is attempting so to enter, that person |
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| | shall not be guilty of any offence in respect of the use of that force |
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| | (a) | the degree of force used was grossly disproportionate, and |
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| | (b) | this was or ought to have been apparent to the person using such |
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| | (1B) | No prosecution shall be brought against a person subject to subsection |
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| | (1A) without the leave of the Attorney General. |
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| | (1C) | In this section “building or part of a building” shall have the same |
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| | meaning as in section 9 of the Theft Act (Northern Ireland) 1969 (c. 16 |
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| Page 119, line 46 [Clause 174], at end insert— |
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| | ‘(da) | section (Reasonable force for purposes of self-defence etc.);’. |
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| Page 120, line 2 [Clause 174], at end insert— |
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| | ‘(aa) | section [Amendment of the Criminal Law Act (Northern Ireland) 1967];’. |
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| Page 120, line 22 [Clause 174], at end insert— |
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| | ‘(10) | Nothing in this section restricts the operation of section (Reasonable force for |
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| | purposes of self-defence etc.) and paragraph 20A of Schedule 33 in their |
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| | application in relation to service offences (within the meaning of that |
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| Page 299, line 17 [Schedule 33], at end insert— |
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| | ‘Reasonable force for purposes of self-defence etc. |
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| | 20A(1) | Section (Reasonable force for purposes of self-defence etc.) applies whether |
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| | the alleged offence took place before, or on or after, the date on which that |
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| | section comes into force. |
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| | (2) | But that section does not apply in relation to— |
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| | (a) | any trial on indictment where the arraignment took place before that |
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| | (b) | any summary trial which began before that date, |
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| | | or in relation to any proceedings in respect of any trial within paragraph (a) or |
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| | (3) | Where the alleged offence is a service offence, that section similarly does not |
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| | (a) | any proceedings before a court where the arraignment took place |
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| | (b) | any summary proceedings which began before that date, |
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| | | or in relation to any proceedings in respect of any proceedings within |
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| | (4) | For the purposes of sub-paragraph (3) summary proceedings are to be regarded |
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| | as beginning when the hearing of the charge, or (as the case may be) the |
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| | summary trial of the charge, begins. |
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| | (a) | any offence against any provision of Part 2 of the Army Act 1955 |
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| | (3 & 4 Eliz. 2 c. 18), Part 2 of the Air Force Act 1955 |
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| | (3 & 4 Eliz. 2 c. 19) or Part 1 of the Naval Discipline Act 1957 |
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| | (b) | any offence under Part 1 of the Armed Forces Act 2006 (c. 52); |
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| | “summary proceedings” means summary proceedings conducted by a |
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| | commanding officer or appropriate superior authority.’. |
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| New Clauses AND NEW SCHEDULES standing in the name of a minister of the |
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| crown relating to sentencing, the release or recall of prisoners, or bail, |
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| except those relating to the repatriation of prisoners act 1984 and |
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| | Bail conditions: electronic monitoring |
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| To move the following Clause:— |
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| | ‘Schedule (Electronic monitoring of persons released on bail subject to |
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| | conditions) makes provision in connection with the electronic monitoring of |
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| | persons released on bail subject to conditions.’ |
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| | Credit for period of remand on bail: terms of imprisonment and detention |
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| To move the following Clause:— |
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| | ‘(1) | The Criminal Justice Act 2003 (c. 44) is amended as follows. |
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| | (2) | In section 237 (meaning of “fixed term prisoner”), in subsection (1B), after |
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| | “Armed Forces Act 2006)” insert “or section 240A”. |
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| | (3) | In the italic heading before section 240, after “custody” insert “or on bail subject |
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| | to certain types of condition”. |
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| | (4) | After section 240 insert— |
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| | “240A | Crediting periods of remand on bail: terms of imprisonment and |
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| | (1) | This section applies where— |
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| | (a) | a court sentences an offender to imprisonment for a term in |
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| | respect of an offence committed on or after 4th April 2005, |
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| | (b) | the offender was remanded on bail by a court in course of or in |
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| | connection with proceedings for the offence, or any related |
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| | offence, after the coming into force of section (Credit for period |
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| | of remand on bail: terms of imprisonment and detention) of the |
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| | Criminal Justice and Immigration Act 2008, and |
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| | (c) | the offender’s bail was subject to a qualifying curfew condition |
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| | and an electronic monitoring condition (“the relevant |
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| | (2) | Subject to subsection (4), the court must direct that the credit period is to |
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| | count as time served by the offender as part of the sentence. |
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| | (3) | The “credit period” is the number of days represented by half of the sum |
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| | (a) | the day on which the offender’s bail was first subject to |
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| | conditions that, had they applied throughout the day in question, |
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| | would have been relevant conditions, and |
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