Section 38(4)

For the purposes of subsection (3) consecutive terms and terms which are wholly or partly concurrent must be treated as a single term and the following must be ignored— any sentence suspended under section 264 or 277 of the Sentencing Code (including by virtue of section 264A or 277A of that Code) which has not taken effect at the time the warrant is issued; in the case of a sentence of imprisonment passed with an order under section 47(1) of the Criminal Law Act 1977 (c. 45) (sentences of imprisonment partly served and partly suspended) any part of the sentence which the defendant has not at that time been required to serve in prison; any term of imprisonment or detention fixed under section 129(3) of the Sentencing Code (term to be served in default of payment of fine etc) for which a warrant committing the defendant to prison or detention has not been issued at that time.

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Source: legislation.gov.uk · retrieved 2026-09-04