34Commencement of sentences[[16]](#endnote-17)

34 Commencement of sentences[[16]](#endnote-17) S. 34(1) amended by No. 48/1997 s. 17(7). (1) Subject to sections 33 and 35, a sentence of detention commences— S. 34(1)(a) amended by No. 48/1997 s. 16(1). (a) if the young offender is immediately detained in custody under the sentence—on the day that it is imposed; or S. 34(1)(b) amended by No. 48/1997 s. 16(1). (b) if the young offender is serving a sentence of imprisonment which is cumulative on the sentence of detention—on the day the sentence of imprisonment is completed; or S. 34(1)(c) amended by Nos 48/1997 ss 16(1), 17(8), 48/2006 s. 42(Sch. item 32.6. (c) in any other case—on the day the young offender is apprehended under a warrant to detain in a youth justice centre or a youth residential centre issued in respect of the sentence. S. 34(2) amended by No. 48/1997 ss 16(4), 17(7). (2) If a young offender sentenced to a term of detention is allowed to be or to go at large for any reason, the period between then and the day on which he or she is taken into custody to undergo the sentence does not count in calculating the term to be served and service of the sentence is suspended during that period. S. 34(3) amended by No. 48/1997 ss 16(4), 17(7). (3) If a young offender lawfully detained under a sentence escapes or fails to return after an authorised absence, the period between then and the day on which he or she surrenders or is apprehended does not count in calculating the term to be served and service of the sentence is suspended during that period. S. 34(4) amended by No. 48/1997 s. 17(7). (4) Despite anything to the contrary in this or any other Act or in any rule of law or practice, a sentence of detention must be calculated exclusive of any time during which service of it is suspended under subsection (2) or (3). S. 34(5) amended by No. 48/1997 ss 16(4), 17(7). (5) If a young offender to whom subsection (3) applies is in the period during which service of the sentence is suspended under that subsection detained or imprisoned under another sentence, the unexpired portion of the suspended sentence takes effect— (a) if it is to be served cumulatively on the sentence or sentences he or she is then undergoing—on the day that sentence is, or those sentences are, completed; or (b) in any other case—at the end of the period of suspension. S. 34(6) amended by No. 48/1997 ss 16(4), 17(7). (6) If a young offender sentenced to a term of detention and allowed to be or to go at large pending an appeal or the consideration of any question of law reserved or case stated is detained or imprisoned under another sentence at the time when the appeal, question of law or case stated is finally determined, the first-mentioned sentence or the unexpired portion of it takes effect— (a) if it is to be served cumulatively on the sentence or sentences he or she is then undergoing—on the day that sentence is, or those sentences are, completed; or (b) in any other case—on the day on which the appeal, question of law or case stated is finally determined. (7) Subsection (6) applies unless the sentencing court or the court determining the appeal, question of law or case stated otherwise directs.