Practice and Procedure

R v RUDIE AARON MONAGHAN : R v ROBERT DOUGLAS TYLER : R v CHAY GILBERT : R v ASIM NASER : R v AQUIB KHAN : R v BEN CHAPMAN (2009)

PUBLISHED December 21, 2009
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[2009] EWCA Crim 2699

Under the Criminal Justice Act 2003 s.240A, where an offender had spent time on bail subject to a curfew of nine hours or more in any given day coupled with an electronic monitoring condition, he was generally entitled to an order to the effect that half the number of days spent on bail subject to those conditions should count as time served by the prisoner as part of his sentence. However, in passing sentence a trial judge should take no account of an electronically monitored curfew that fell short of those qualifying conditions.

CA (Crim Div) (Hooper LJ, Swift J DBE, Judge Morris QC)

21/12/2009

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