(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.
Commencement Information
I1S. 205 in force at 1.12.2020 by S.I. 2020/1236, reg. 2