Where a defendant was to be re-sentenced following a breach of a probation order, the court should acknowledge that time spent in custody awaiting the hearing would not be set off against the new sentence as ‘time served’. Accordingly there was a clear duty on counsel to inform the court of periods spent in custody so that the court could, if it felt appropriate, make an allowance for that period when sentencing.
Citations:
Times 19-Dec-2000
Statutes:
Jurisdiction:
England and Wales
Criminal Sentencing
Updated: 13 September 2022; Ref: scu.88414
