16Time held in custody before trial, &c., to be taken into account

16 Time held in custody before trial, &c., to be taken into account

(1)  [Section 16 Subsection (1) substituted by No. 17 of 1999, s. 4, Applied:14 May 1999] A court that is sentencing an offender to a term of imprisonment for an offence –

(a) must take into account any period of time during which the offender was held in custody in relation to proceedings for, or arising from, that offence; and

(b) may order that the sentence of imprisonment is to commence on a day earlier than the day on which it is imposed.

(2)  Subsection (1) does not apply to –

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

(b) a sentence of imprisonment of less than one day; or

(c) [Section 16 Subsection (2) amended by No. 31 of 2004, s. 8, Applied:27 Oct 2004] a sentence of imprisonment that has been wholly suspended or the suspended part of a partly suspended sentence of imprisonment.

(d) [Section 16 Subsection (2) amended by No. 31 of 2004, s. 8, Applied:27 Oct 2004] .  .  .  .  .  .  .  .