s. 35 including any period pending the determination of an appeal, must be reckoned as a period of detention already served under the sentence or restored sentence unless the sentencing court or the court making the order under section 83AR otherwise orders. (2) Subsection (1) does not apply— (a) to a period of custody of less than one day; or (b) to a sentence of detention of less than one S. 35(2)(b) amended by day; or No. 48/1997 s. 11(5). (c) to a period of custody previously declared S. 35(2)(c) inserted by under this section or section 18 as reckoned No. 48/1997 to be a period of detention or imprisonment s. 11(5), amended by already served under another sentence of Nos 69/1997 detention or imprisonment or hospital s. 6(4), 82/2006 security order imposed on the offender. s. 3(4). S. 35(3) (3) If a young offender was held in custody in amended by circumstances to which subsection (1) applies, No. 48/1997 s. 16(4). then— (a) the informant or person who arrested the S. 35(3)(a) amended by young offender must, if present before the No. 48/1997 court, inform it, whether from his or her own s. 16(6). knowledge or from inquiries made by him or her, of the length of the period of custody; or (b) if that person is not present before the court, it may take and receive other evidence (whether oral or written and whether on oath or otherwise) of the length of the period of custody.
including any period pending the determination of an appeal, must be reckoned as a period of detention already served under the sentence or restored sentence unless the sentencing court or the court making the order under section 83AR otherwise orders. (2) Subsection (1) does not apply— (a) to a period of custody of less than one day; or S. 35(2)(b) amended by No. 48/1997 s. 11(5). (b) to a sentence of detention of less than one day; or S. 35(2)(c) inserted by No. 48/1997 s. 11(5), amended by Nos 69/1997 s. 6(4), 82/2006 s. 3(4). (c) to a period of custody previously declared under this section or section 18 as reckoned to be a period of detention or imprisonment already served under another sentence of detention or imprisonment or hospital security order imposed on the offender. s. 35 S. 35(3) amended by No. 48/1997 s. 16(4). (3) If a young offender was held in custody in circumstances to which subsection (1) applies, then— S. 35(3)(a) amended by No. 48/1997 s. 16(6). (a) the informant or person who arrested the young offender must, if present before the court, inform it, whether from his or her own knowledge or from inquiries made by him or her, of the length of the period of custody; or (b) if that person is not present before the court, it may take and receive other evidence (whether oral or written and whether on oath or otherwise) of the length of the period of custody.
91-49a154.docx