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Police Tag whilst on Bail
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Hi there. Afew months ago i was charged and released on conditional bail. My conditions were a 7-7 curfew and to answer the door to any police officer or pcso. I attended my first court hearing which got adjourned for 1 week. When speaking with my solicitor i asked wether or not the police curfew would be counted and taken into consideration to my sentencing if found/plead guilty. He said that police curfew would not be counted however if i was electronically monitored (tagged) then this would be taken into consideration and knocked off the final sentence. He said something along the lines of each day in tag counts as half a day in custody. I asked the magistrates to put me on tag and they did so and i have been on for around 8 weeks without breaching my conditions.
I wondered if anybody on here knows wether this information is correct as to wether my electornic curfew would be taking into consideration?
thankyou......
I wondered if anybody on here knows wether this information is correct as to wether my electornic curfew would be taking into consideration?
thankyou......
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Your solicitor is (unsurprisingly) quite correct.
Section 240A of the Criminal Justice Bill 2003 requires courts when sentencing to make a direction that any time that the offender was remanded on bail whilst subject to an electronically monitored curfew will count as time served as part of any subsequent custodial sentence. To qualify for the credit, the offender must have been subject to an electronically monitored curfew for at least 9 hours per day. Each day of such a curfew will provide a potential credit against sentence of no more than half a day.
The court will have the discretion, if it considers it just in all the circumstances, not to count all or any of the available days. Curfew imposed as a result of police bail (which is not electronically monitored) does not count.
Section 240A of the Criminal Justice Bill 2003 requires courts when sentencing to make a direction that any time that the offender was remanded on bail whilst subject to an electronically monitored curfew will count as time served as part of any subsequent custodial sentence. To qualify for the credit, the offender must have been subject to an electronically monitored curfew for at least 9 hours per day. Each day of such a curfew will provide a potential credit against sentence of no more than half a day.
The court will have the discretion, if it considers it just in all the circumstances, not to count all or any of the available days. Curfew imposed as a result of police bail (which is not electronically monitored) does not count.
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