18Time held in custody before trial etc. to be deducted from sentence[[12]](#endnote-13)

18 Time held in custody before trial etc. to be deducted from sentence[[12]](#endnote-13)

S. 18(1) amended by Nos 48/1997 s. 11(1), 69/1997 s. 6(1)(a)(b), 10/1999 s. 18(1), substituted by No. 82/2006 s. 3(1), amended by No. 26/2012 ss 28, 431(1), substituted by No. 32/2013 s. 10(1).

(1) If an offender is in respect of an offence sentenced to a term of imprisonment or to a period of detention in an approved mental health service under a hospital security order, any period during which he or she was held in custody in relation to—

(a) proceedings for the offence; or

(b) proceedings arising from those proceedings including any period pending the determination of an appeal—

must be reckoned as a period of imprisonment or detention already served under the sentence unless the sentencing court or the court fixing a non-parole period in respect of the sentence otherwise orders.

S. 18(1A) inserted by No. 10/1999 s. 18(2), repealed by No. 1/2000 s. 8(a), new s. 18(1A) inserted by No. 53/2003 s. 4(1), repealed by No. 30/2010 s. 7(a).

S. 18(1B) inserted by No. 10/1999 s. 18(2), repealed by No. 1/2000 s. 8(a).

S. 18(2) amended by Nos 53/2003 s. 4(2), 30/2010 s. 7(b).

(a) to a period of custody of less than one day; or

S. 18(2)(b) amended by Nos 69/1997 s. 6(2)(a), 26/2014 s. 431(2).

(b) to a sentence of imprisonment or period of detention in a designated mental health service of less than one day; or

S. 18(2)(ba) inserted by No. 48/1997 s. 11(2)(a), repealed by No. 65/2011 s. 9.

S. 18(2)(bb) inserted by No. 30/2010 s. 7(c), repealed by No. 48/2011 s. 15.

S. 18(2)(c) amended by No. 48/1997 s. 11(2)(b), repealed by No. 32/2013 s. 10(2).

S. 18(2)(ca) inserted by No. 10/1999 s. 18(3), repealed by No. 1/2000 s. 8(b).

S. 18(2)(d) inserted by No. 48/1997 s. 11(2)(b), amended by Nos 69/1997 s. 6(2)(b), 82/2006 s. 3(2), 26/2014 s. 431(3).

(d) to a period of custody previously declared under this section or section 35 as reckoned to be a period of imprisonment or detention already served under another sentence of imprisonment or detention or Court Secure Treatment Order imposed on the offender.

S. 18(3) amended by Nos 53/2003 s. 4(3), 30/2010 s. 7(b).

(3) If an offender was held in custody in circumstances to which subsection (1) applies, then—

(a) the informant or person who arrested the offender must, if present before the court, inform it, whether from his or her own knowledge or from inquiries made by him or her, of the length of the period of custody; or

S. 18(3)(b) amended by No. 6/2018 s. 68(Sch. 2 item 115.2).