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Sentencing Act 1995
63Calculation of term of imprisonment
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63 Calculation of term of imprisonment
(1) Despite anything to the contrary in this or any other Act or in a rule
of law or practice, a sentence of imprisonment must be calculated
exclusive of any time during which service of the sentence is
suspended under section 62(2) or (3).
(3) Where an offender serving a sentence of imprisonment is subject to
an order made under section 23 of the Mental Health Act 1980 as in
force before the commencement of the Mental Health and Related
Services Act 1998, the time that the offender is subject to the order
or at the hospital counts in calculating the term to be served.
(4) Except as expressly provided or expressly ordered, a sentence of
imprisonment on conviction on indictment, takes effect from the day
the court passes sentence on the offender and a sentence of
imprisonment on summary conviction takes effect from the
commencement of the offender's custody under the sentence.
(5) Subject to section 45(5), if an offender has been in custody on
account of the offender's arrest for an offence and the offender is
convicted of that offence and sentenced to imprisonment it may be
ordered that such imprisonment must be regarded as having
commenced on the day on which the offender was arrested or on
any other day between that day and the day on which the court
passes sentence.