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)  [*\[Section 16 Subsection (1) substituted by No. 17 of 1999, s. 4, Applied:14 May 1999\]*](/view/html/inforce/1999-05-14/act-1999-017#GS4@EN) 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)](#GS16@Gs1@EN) 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) [*\[Section 16 Subsection (2) amended by No. 31 of 2004, s. 8, Applied:27 Oct 2004\]*](/view/html/inforce/2004-10-27/act-2004-031#GS8@Hpa@EN) a sentence of imprisonment that has been wholly suspended or the suspended part of a partly suspended sentence of imprisonment. > > > > > > > (d) [*\[Section 16 Subsection (2) amended by No. 31 of 2004, s. 8, Applied:27 Oct 2004\]*](/view/html/inforce/2004-10-27/act-2004-031#GS8@Hpb@EN) .  .  .  .  .  .  .  .