CREDIT FOR TIME SERVED

December 20, 2013

Following directions from the Lord Chief Justice on the disproportionate use of the judiciary’s scarce resources on hearing sentencing appeals based on a failure to take into account time served on remand, it was clear that that issue should be raised at the sentencing hearing and time limits for such appeals would be applied strictly in future. In an exceptional case, an offender’s sentence for rape was reduced to take account of time when he was subject to a qualified curfew, in fairness to him and where the error had arisen before the guidance, but the guidance would not be departed from in future.

APPEALS AGAINST SENTENCE APPLICATION OF GUIDANCE LIMITING SENTENCING APPEALS BASED ON ERRORS IN RESPECT OF TIME SERVED CREDIT FOR TIME SERVED CRIMINAL JUSTICE ACT 2003 s.240A CRIMINAL PROCEDURE CURFEW CONDITIONS QUALIFIED CURFEW RAPE REDUCTION OF SENTENCE TO TAKE ACCOUNT OF TIME SERVED ON REMAND UNDER QUALIFIED CURFEW SENTENCING

January 31, 2013

In calculating the time to be served pursuant to an order under the Powers of Criminal Courts (Sentencing) Act 2000 s.116, justice required account to be taken of time spent in prison between recall to custody to serve the balance of a licence period for a previous offence and sentencing for a new offence committed while on licence.

CHILD SEX OFFENCES CREDIT FOR TIME SERVED EXTENDED SENTENCES INDECENT PHOTOGRAPHS OF CHILDREN OFFENDING ON LICENCE ORDER UNDER S.116 POWERS OF THE CRIMINAL COURTS (SENTENCING) ACT 2000 PERIOD BETWEEN RECALL TO CUSTODY AND SENTENCING FOR NEW OFFENCE POSSESSION OF EXTREME PORNOGRAPHIC IMAGES POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.116 RETURN TO CUSTODY s.116(1) s.116(2) s.116(2)(a) s.116(6)(b) s.85 s.85(1) SENTENCE LENGTH SENTENCING SENTENCING POWERS

January 14, 2009

A sentence of imprisonment for public protection imposed following a plea of guilty to sexual offences was upheld where, having regard to the facts of the case and the offender’s previous convictions, the judge had been justified in concluding that he posed a significant risk of causing serious personal injury. However, the specified minimum term of two years was modified to take into account time the offender had already spent in custody.

CREDIT FOR TIME SERVED CRIMINAL JUSTICE ACT 2003 s.240 EFFECT OF PREVIOUS TIME SPENT IN CUSTODY ON LENGTH OF MINIMUM TERM IMPRISONMENT FOR PUBLIC PROTECTION INDECENT PHOTOGRAPHS OF CHILDREN MINIMUM TERM RISK OF CAUSING SERIOUS PERSONAL INJURY TO ADOLESCENT GIRLS RISK OF REOFFENDING s.225 SENTENCE LENGTH SENTENCING SEXUAL OFFENCES VOYEURISM

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