Criminal Justice Act 2003, section 240ZA

Time remanded in custody to count as time served: terms of imprisonment or detention and detention and training orders

Part 12 Sentencing

(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.

[F218 (1A)This section also applies where—

(a)a court, on or after the day on which Schedule 16 to the Police, Crime, Sentencing and Courts Act 2022 came into force, makes a detention and training order in respect of an offender for an offence, and

(b)the offender concerned has been remanded in custody in connection with the offence or a related offence.

(1B) In this section any reference to a “sentence”, in relation to an offender, is to—

(a)a term of imprisonment being served by the offender as mentioned in subsection (1)(a), or

(b)a detention and training order made in respect of the offender as mentioned in subsection (1A)(a).F218]

(2)It is immaterial for [F219 the purposes of subsection (1)(b) or (1A)(b)F219] 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 [F220 automatic release period served by the offenderF220] (see section 255B(1) [F221 or 255BA(1)F221] ).

[F222 (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.F222]

(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 [F223 paragraph 13(1)(a) or (b) of Schedule 16 to the Sentencing CodeF223] , 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.

[F224 (8A)Subsection (9) applies in relation to an offender who is sentenced to two or more consecutive sentences or sentences which are wholly or partly concurrent if—

(a)the sentences were imposed on the same occasion, or

(b)where they were imposed on different occasions, the offender has not been released during the period beginning with the first and ending with the last of those occasions.

(9)For the purposes of subsections (3) and (5), the sentences are to be treated as a single sentence.F224]

(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 [F225 of the PCC(S)A 2000, under section 250, [F226 252A,F226] 254, 262, 265 [F227 , 266 or 268AF227] of the Sentencing Code or underF225] section [F228 226A, 226B,F228] 227[F229 , 228 or 236AF229] of this Act as it applies to an equivalent sentence of imprisonment.F216]

Definitions used in section 240ZA 8

court

“court” (without more), except in Chapter 7, does not include a service court , but this does not apply where a contrary intention appears from any provision of the Armed Forces Act 2006 ;

Defined in s.305(1) · see it in the full Act
the court

(2) In relation to such an application or reference, any reference to “the court” in section 269(2) to (5) and Schedule 21 is to be read as a reference to the High Court.

Defined in Sch.22 para.11(2) · see it in the full Act
detention and training order

(3) In sections 240ZA and 240A, “detention and training order” has the meaning given by section 233 of the Sentencing Code.

Defined in s.242(2) · see it in the full Act
suspended sentence

“suspended sentence” and “suspended sentence order” have the meaning given by section 286 of the Sentencing Code ;

Defined in s.305(1) · see it in the full Act
sentence of imprisonment

“sentence of imprisonment” does not include a committal—

(a)

in default of payment of any sum of money,

(b)

for want of sufficient distress to satisfy any sum of money, or

(c)

for failure to do or abstain from doing anything required to be done or left undone ,

and references to sentencing an offender to imprisonment are to be read accordingly;

Defined in s.305(1) · see it in the full Act
offence A

15 (1) A reference in any of the preceding paragraphs of this Schedule to an offence (“offence A”) includes—

(a)a reference to an offence under section 70 of the Army Act 1955 or section 70 of the Air Force Act 1955 as respects which the corresponding civil offence (within the meaning of that Act) is offence A,

(b)a reference to an offence under section 42 of the Naval Discipline Act 1957 as respects which the civil offence (within the meaning given by that section) is offence A, and

(c)a reference to an offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is offence A.

Defined in Sch.19ZB para.15(1) · see it in the full Act
custodial sentence

“custodial sentence” has the meaning given by section 222 of the Sentencing Code ;

Defined in s.305(1) · see it in the full Act
the PCC(S)A 2000

“the PCC(S)A 2000” means the Powers of Criminal Courts (Sentencing) Act 2000 ;

Defined in s.305(1) · see it in the full Act

Cases considering section 240ZA 39

R v Robert Wayne Worrell

[2026] EWCA Crim 893 · 26 June 2026Interprets

Interprets the remand-credit provision as making subsection (3)’s general rule subject to subsections (4) to (6). The court therefore treated the statutory exceptions as controlling where custody for the offence overlapped detention for another matter. (see paras [36], [40]) Interprets subsection (3) as providing that remand in custody in connection with the offence or a related offence counts as time served, subject to subsections (4) to (6). Its operation was therefore qualified by the overlapping-custody rules. (see para [36]) Applies subsection (4) to exclude days on which the offender was remanded for the index offence but also detained in connection with another matter. The overlapping recall, remand and later sentence meant the usual statutory credit did not arise. (see paras [36], [39]-[41]) Applies subsection (5) so that a day counts towards only one sentence and only once. This supported the conclusion that overlapping custody could not be credited towards the index sentence absent exercise of the residual discretion. (see paras [36], [40]-[41])

R v Lee James Thorpe

[2025] EWCA Crim 1334 · 5 September 2025

The court applied section 240ZA to conclude that custody following recall did not also count as remand time to be deducted from the sentence. Together with the limited delay and reasonable progress of the prosecution, this justified refusing any sentencing reduction. (see paras [31]–[32])

R v Michael Costin

[2025] EWCA Crim 729 · 21 May 2025

The court explained by analogy that custody after recall while awaiting sentence is not remand time and does not count towards the new sentence. That reinforced the conclusion that custody under the appellant’s IPP sentence could not be treated as time on remand. (see paras [23]-[24]; [28])

19 more judgments, and what each says about section 240ZA, are in the case-law panel in the full Act.

Amendments and notes

14 notes from legislation.gov.uk

Amendments

  1. F216S. 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)
  2. F217Words in s. 240ZA heading substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(s), Sch. 16 para. 2(2)
  3. F218S. 240ZA(1A)(1B) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(s), Sch. 16 para. 2(3)
  4. F219Words in s. 240ZA(2) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(s), Sch. 16 para. 2(4)
  5. F220Words 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)
  6. F221Words in s. 240ZA(6) inserted (31.3.2026 for specified purposes and otherwise coming into force in accordance with reg. 4 of the commencing S.I.) by Sentencing Act 2026 (c. 2), ss. 33(3), 49(1) (with s. 33(14)); S.I. 2026/86, regs. 3(b)(iv), 4 text inserted for certain specified purposes only, see the commentary.
  7. F222S. 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
  8. F223Words 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
  9. F224S. 240ZA(8A)(9) substituted for s. 240ZA(9) (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(s), Sch. 16 para. 2(5)
  10. F225Words 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
  11. F226Word in s. 240ZA(11) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 21(3)
  12. F227Words in s. 240ZA(11) substituted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 9(3)
  13. F228Words 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)
  14. F229Words 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