Sections 158 and 161 of the Penalties and Sentences Act 1992 (Qld) provide three options for dealing with pre-sentence custody: (1) prospective sentencing with appropriate discount and an order that pre-sentence custody is not to be taken as time served; (2) under s 158, backdating to the date of arrest where the offender has been continuously or substantially in custody since arrest; or (3) under s 161, automatic deemed backdating where the court does not otherwise order. The traditional 'doubling' exercise for pre-sentence custody is mathematically flawed and should generally be avoided. For armed robbery in company where offenders did not intend to harm the occupier and the victim was not seriously injured, a starting point of 12 years before discount was too high.
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