Sentencing trends & issues

Number 32 — Pre-sentence custody and other constraints on liberty

Sentencing trends & issues
Date
May 2005
Authors
Andrea Hadaway

Pre-sentence custody and other constraints on liberty

This Sentencing Trends examines the sometimes difficult task of taking into account pre-sentence custody and other constraints on liberty. Two questions routinely arise for sentencers in this area of the law:

  1. What time should be taken into account?
  2. How should the time be taken into account or counted, given the sentencing option selected?