THIRD GROUP OF PARTSDisposals

PART 9Community sentences

CHAPTER 2Community orders

Exercise of power to make community order

I1205Community order: effect of remand in custody

1

In determining the restrictions on liberty to be imposed by a community order in respect of an offence, the court may have regard to any period for which the offender has been remanded in custody in connection with—

a

the offence, or

b

any other offence the charge for which was founded on the same facts or evidence.

2

For this purpose, a person is remanded in custody if—

a

remanded in or committed to custody by order of a court,

b

remanded to youth detention accommodation (see subsection (3)), or

c

remanded, admitted or removed to hospital under section 35, 36, 38 or 48 of the Mental Health Act 1983.

3

The reference in subsection (2)(b) to being remanded to youth detention accommodation—

a

has the same meaning as in Chapter 3 of Part 3 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (remands of children otherwise than on bail): see, in particular, section 91 of that Act, but

b

also includes a reference to being remanded or committed before 3 December 2012 to local authority accommodation under section 23 of the Children and Young Persons Act 1969 and—

i

kept in secure accommodation (within the meaning of that section), or

ii

detained in a secure training centre pursuant to arrangements under subsection (7A) of that section.