Criminal Justice Act 2003, section 242

Interpretation of sections 240ZA , 240A and 241

Part 12 Sentencing

(1) For the purposes of [F262 sections 240ZA F262][F263 , 240A F263] 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 [F262sections 240ZAF262] 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 [F264to youth detention accommodation under section 91(4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012F264] , or

(c)remanded, admitted or removed to hospital under section 35, 36, 38 or 48 of the Mental Health Act 1983 (c. 20).

[F265 (3) In sections 240ZA and 240A, “detention and training order” has the meaning given by section 233 of the Sentencing Code. F265]

F266(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Definitions used in section 242 3

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
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

Cases considering section 242 9

Shields-MckInley v The Secretary of State for Justice the Lord Chancellor & Anor

[2019] EWCA Civ 1954 · 14 November 2019Interprets

Section 242 provides the interpretative framework for section 240 ZA. It did not support a reading that extended ordinary remand credit to foreign detention without the specific mechanism in section 243. (see paras [48]–[49]) The reference to custody by order of a court did not extend section 240 ZA to foreign remand periods in a way that rendered section 243 unnecessary. Clearer language would have been required for that construction. (see paras [48]–[49])

A, R. v

[2019] EWCA Crim 106 · 6 February 2019Interprets

The definition of remand in custody includes a remand to youth detention accommodation under section 91(4), but not a remand to local authority accommodation under section 91(3). That distinction was decisive on automatic credit. (see paras [49]-[50])

Anderson, R. v

[2017] EWCA Crim 2604 · 20 December 2017Interprets

The court held that the statutory definition of remand in custody includes a remand to youth detention accommodation under section 91(4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, but not a remand to local authority accommodation under section 91(3). That distinction prevented automatic credit for the 28-week local-authority remand (see paras [30]-[32]).

What each judgment says about section 242 is in the case-law panel in the full Act.

Explanatory note

572.This section defines the sentences to which the crediting of remand time applies, and provides definitions of the term ‘remanded in custody’ used within sections 240 and 241. Time spent in police detention will not count as time spent on remand for the purposes of section 240. This is because there is a qualitative difference between time spent on remand and time spent in police custody, the former being preventative and imposed by the courts whereas the latter is an unavoidable feature of the investigation of crime.

All the explanatory notes for the Act

Amendments and notes

9 notes from legislation.gov.uk

Amendments

  1. F262Words 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)
  2. F263Words 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)
  3. F264Words 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))
  4. F265S. 242(3) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(s), Sch. 16 para. 4
  5. F266S. 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

  1. C27S. 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))
  2. C28S. 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
  3. C29S. 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

  1. I100S. 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)