Criminal Procedure Code 2010 · 2020 Revised Edition · Part 16 · Sentences
318. Date that sentence begins
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Subject to this Code and any other written law, a sentence of imprisonment, a sentence of corrective training, a sentence of preventive detention, a sentence for public protection or a sentence for enhanced public protection takes effect beginning on the date it was passed, unless the court passing the sentence or, when there has been an appeal, the appellate court, otherwise directs.
subject
“subject” means a person who enters into a DPA with the Public Prosecutor.
A sentence of reformative training takes effect beginning on the date it was passed or at such later date as the court may determine.
court
“court” means the Court of Appeal, the General Division of the High Court, a Family Court, a Youth Court, a District Court or a Magistrate’s Court (as the case may be) which exercises criminal jurisdiction;
To avoid doubt, where a court has directed under subsection (1) that a sentence of imprisonment, a sentence of corrective training, a sentence of preventive detention, a sentence for public protection or a sentence for enhanced public protection is to take effect on a date later than the date the sentence was passed —
the court may under that subsection further direct that the sentence is to take effect on another date; and
the court may release the offender, during the period before the sentence is to take effect, on bail or on the offender’s personal bond.
To avoid doubt, a court may under subsection (1) direct that a sentence of imprisonment, a sentence of corrective training, a sentence of preventive detention, a sentence for public protection or a sentence for enhanced public protection is to take effect on a date earlier than the date the sentence is passed.
Where an offender has been remanded in custody, or remanded in a psychiatric institution (whether for observation or otherwise) under Division 5 of Part 13, for an offence, a court must consider directing that a sentence of imprisonment, a sentence of corrective training, a sentence of preventive detention, a sentence for public protection or a sentence for enhanced public protection, which is to be imposed for that offence, is to take effect on a date earlier than the date the sentence is passed.
psychiatric institution
“psychiatric institution” has the meaning given by the Mental Health (Care and Treatment) Act 2008.
Before directing the date on which a sentence of imprisonment, a sentence of corrective training, a sentence of preventive detention, a sentence for public protection or a sentence for enhanced public protection, which is to be imposed for an offence, is to take effect, a court must consider all the circumstances of the case, including the following matters:
the date on which the offender was arrested for the offence;
the length of the period (if any) during which the offender was remanded in custody in relation to the offence;
the length of the period (if any) during which the offender was remanded in a psychiatric institution (whether for observation or otherwise) under Division 5 of Part 13 in relation to the offence;
the length of the period (if any), after the offender was arrested for the offence, during which the offender was not in custody.