Northern Territory Consolidated Acts Northern Territory Consolidated Acts63. Calculation of term of imprisonment
(1) Notwithstanding anything to the contrary in this or any other Act or in a rule of law or practice, a sentence of imprisonment shall be calculated exclusive of any time during which service of the sentence is suspended under section 62(2) or (3).
(2) Where an offender lawfully imprisoned under a sentence escapes or fails to return after an authorised absence, the period between then and the day on which the person surrenders or is apprehended does not count in calculating the term to be served, and service of the sentence is suspended during that period.
(3) Where an offender serving a sentence of imprisonment is:
(a) subject to an order made under section 23 of the Mental Health Act as in force before the commencement of the Mental Health and Related Services Act ; or
(b) at a hospital outside the prison at which the sentence is being served in accordance with the Prisons (Correctional Services) Act ,
the time that the offender is subject to the order or at the hospital counts in calculating the term to be served.
(4) Except as expressly provided or expressly ordered, a sentence of imprisonment on conviction, takes effect from the day the court passes sentence on the offender and a sentence of imprisonment on summary conviction takes effect from the commencement of the offender's custody under the sentence.
(5) Where an offender has been in custody on account of his or her arrest for an offence and the offender is convicted of that offence and sentenced to imprisonment it may be ordered that such imprisonment shall be regarded as having commenced on the day on which the offender was arrested or on any other day between that day and the day on which the court passes sentence.
(6) A person who escapes from lawful custody while undergoing a sentence involving deprivation of liberty, on recapture, shall undergo the punishment that the person was undergoing at the time of his or her escape for a term equal to that during which the person was absent from prison after his or her escape and before the expiration of the term of his or her original sentence and whether at the time of his or her recapture the term of that sentence has or has not expired.