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Remand Prisoners: Time In Custody

Volume 477: debated on Wednesday 25 June 1986

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asked Her Majesty's Government:To what extent it is normal practice for courts imposing custodial sentences to take into account time in custody spent on remand by those sentenced; whether time on remand can be disregarded and whether guidance has ever been issued on these matters and if so what.

By virtue of Section 67 of the Criminal Justice Act 1967, as amended, time spent in custody on remand automatically counts towards a custodial sentence imposed on conviction. There are certain minor exceptions to this general rule (which is operated administratively, not by the courts), chiefly relating to terms of custody ordered subsequently by the court for breaches of certain orders, or in default of payment of a fine. The full rules are set out in Home Office Circulars 150/1967, 108/1982 and 42/1983.