THIRD GROUP OF PARTSDisposals
PART 9Community sentences
CHAPTER 2Community orders
Exercise of power to make community order
I1205Community order: effect of remand in custody
1
In determining the restrictions on liberty to be imposed by a community order in respect of an offence, the court may have regard to any period for which the offender has been remanded in custody in connection with—
a
the offence, or
b
any other offence the charge for which was founded on the same facts or evidence.
2
For this purpose, a person is remanded in custody if—
a
remanded in or committed to custody by order of a court,
b
remanded to youth detention accommodation (see subsection (3)), or
c
remanded, admitted or removed to hospital under section 35, 36, 38 or 48 of the Mental Health Act 1983.
3
The reference in subsection (2)(b) to being remanded to youth detention accommodation—
a
has the same meaning as in Chapter 3 of Part 3 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (remands of children otherwise than on bail): see, in particular, section 91 of that Act, but
b
also includes a reference to being remanded or committed before 3 December 2012 to local authority accommodation under section 23 of the Children and Young Persons Act 1969 and—
i
kept in secure accommodation (within the meaning of that section), or
ii
detained in a secure training centre pursuant to arrangements under subsection (7A) of that section.