TREATMENT OF OFFENDERS ACT (NORTHERN IRELAND) 1968

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TREATMENT OF OFFENDERS ACT (NORTHERN IRELAND) 1968 - SECT 26

Duration of sentence.

26.Subs.(1) rep. by 1978 c.23 s.122(2) sch.7

(2) The length of any sentence of imprisonment or term of detention in a
young offenders centre imposed on or ordered in relation to an offender by a
court shall be treated as reduced by any period during which he was in custody
by reason only of having been committed in custody by an order of the court
made in connection with any proceedings ... relating to that sentence or
order for detention or the offence for which it was passed or made or any
proceedings from which those proceedings arose, but where the offender was
previously subject to a probation order [, a community service order], an
order for conditional discharge or a suspended sentence or order for detention
in respect of that offence, any such period falling before the order was made
or the suspended sentence or order for detention was passed or made shall be
disregarded for the purposes of this section.

(3) For the purpose of this section a
suspended sentence or order for detention shall be treated as a sentence of
imprisonment or, as the case may be, an order for detention in a
young offenders centre when it takes effect under section 19 and as being
imposed or made by the order under which it takes effect.

(4) No period of custody shall be taken into account for the purpose of
reducing a term of imprisonment under this section unless the whole of that
period begins after the commencement of this Act.

(5) Any reference in this Act or any other enactment (whether passed before or
after the commencement of this Act) to the length of any sentence of
imprisonment or order for detention in a young offenders centre shall, unless
the context otherwise requires, be construed as a reference to the sentence or
order pronounced by the court and not the sentence or order as reduced by this
section.

S.27 amends s.41 of 1953 c.18 (NI)

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Northern Irish Legislation

TREATMENT OF OFFENDERS ACT (NORTHERN IRELAND) 1968 - SECT 26