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SENTENCING ACT 1995 - SECT 87

SENTENCING ACT 1995 - SECT 87

87 .         Time on remand may be taken into account

        (1)         If when an offender is being sentenced to imprisonment for an offence —

            (a)         the offender has previously spent time —

                  (i)         in custody in respect of the offence for which the offender is being sentenced; or

                  (ii)         in custody in respect of another offence, while on bail for the offence for which the offender is being sentenced;

                and

            (b)         the sentencing court decides that that time should be taken into account,

                the court may take that time into account —

            (c)         if it imposes a fixed term, by reducing that term by an appropriate period; or

            (d)         by ordering that the term it imposes is to be taken to have begun on a specified day being the day when that custody began or on some later date that is not later than the date of the sentence.

        (2)         Subsection (1)(a)(i) does not apply if the time in custody has already been taken into account in sentencing for another offence under subsection (1)(a)(ii).

        [Section 87 amended: No. 3 of 2008 s. 20; No. 45 of 2016 s. 74.]