UK Parliament / Open data

Remand in Custody (Effect of Concurrent and Consecutive Sentences of Imprisonment) Rules 2005

My Lords, I thank the noble Lord for his comments. At this stage I shall deal with his concerns as simply as possible and then write to him in detail, particularly if he would like to explore with me further the examples that we have discussed briefly so that the position can be clarified. Essentially, the principle set out in the rules is that a day of shared remand time shall be counted only once.   The effect of being sentenced for two offences committed at different times may be different if the sentences are consecutive or concurrent. In the example cited by the noble Lord it would not necessarily count in relation to both. It might count in   relation to one dependent on concurrence, or consecutively. However, I can better deal with the detail of the point in written form because of the complexities of trying to track it through. On the Act itself, noble Lords will know that guidance was issued to courts in April via a Home Office circular. Therefore the courts have already been adopting the principles set out in these rules and their implementation merely formalises in statute what is current practice. I know that the noble Lord has commented on the maximum time spent on remand. However, although it is not set out formally in the rules, tagging can take place in relation to an adult offender, if the court believes that course as regards bail to be appropriate. There are many issues in this area that noble Lords are anxious to debate and I am sure that we will find time to do so, but perhaps not on this order. However, I am again happy to write to the noble Lord on this point. On Question, Motion agreed to.

About this proceeding contribution

Reference

672 c1092-3 

Session

2005-06

Chamber / Committee

House of Lords chamber
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