C1Part 9Sentencing: Principles and Procedures

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Chapter 1Principles and Procedures applying to Service Courts and Summary Hearings

Service detention and custodial sentences

I1I2C2I3246Crediting of time in service custody: terms of imprisonment and detention

1

This section applies where—

a

a court or officer sentences an offender to a term of imprisonment or service detention in respect of a service offence (“the offence in question”); and

b

the offender has been kept in service custody, in connection with the offence in question or any related offence, for any period since being charged with the offence in question or any related offence.

F12

The number of days for which the offender was kept in service custody in connection with the offence in question or any related offence since being so charged is to count as time served by the offender as part of the sentence.

2A

If, on any day on which the offender was kept in service custody, the offender was also detained in connection with any other matter, that day is not to count as time served.

2B

A day counts as time served—

a

in relation to only one sentence, and

b

only once in relation to that sentence.

2C

A day is not to count as time served as part of any F6automatic release period served by the offender (see section 255B(1) of the 2003 Act).

6

This section applies to—

a

a determinate sentence of detention under section 209, F2...

b

a sentence of detention under section F4226B or 228 of the 2003 Act passed as a result of section F5221A or 222 of this Act F3,

F7ba

an extended sentence of detention under section 254 of the Sentencing Code passed as a result of section 221A of this Act, and

c

a determinate sentence of detention in a young offender institution,

as it applies to an equivalent sentence of imprisonment.

7

References in this section to “the court” are to the court or officer mentioned in subsection (1).