Section 161(1) of the Penalties and Sentences Act 1992 (Qld) does not exhaust the court's power to take account of pre-sentence custody. Where the mandatory provisions of s 161(1) do not effectively credit pre-sentence custody (for example, where it is credited only to a lesser concurrent sentence), the general sentencing discretion remains available to give credit by reducing the head sentence, accelerating the parole recommendation date, or otherwise. Sentencing courts should make plain in their remarks whether, to what extent, and in what manner allowance is being made for pre-sentence custody.
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