External
If a client is in prison on remand while awaiting trial, S23(2) should not be applied because the imprisonment at that stage is not 'in connection with ... conviction of an offence'.
However, if a conviction is later recorded against the client, S23(2) should be applied retrospectively from the date first detained on remand for that offence. In many cases, this will result in an overpayment of compensation.
Note the following special cases:
- S23(2) would not apply during any period on remand when the client was released from prison
- S23(2) should be still be applied and backdated to the date of first imprisonment on remand in cases where the Court records a conviction but does not impose any term of imprisonment
- S23(2) should be applied and backdated to the date of first imprisonment on remand in cases where the Court orders a term of imprisonment corresponding to the period in detention with the result that the offender is immediately released from the dock having already served their sentence of imprisonment
- the charges giving rise to the imprisonment on remand must be related to the offences for which the client is convicted. While it is not necessary for convictions to be recorded in respect of all of the charges, at least one charge must result in a conviction.
If doubt exists in the application of this policy on remands, the assessor should contact National Office for guidance.
Where a client is imprisoned on remand delegates should write to the client advising the future, possible effects of 23(2) i.e. if convicted. See also 20.27.9.