Time spent in immigration detention between arrest and sentence, while not declarable as pre-sentence detention under s 18 of the Sentencing Act 1991, must be reflected in the sentence in a broad and practical way, analogous to the Renzella approach. There is a qualitative difference between delay awaiting trial at liberty and delay in some form of custody or detention, and fairness requires the sentence to account for the accused being kept in suspense with charges hanging over their head while deprived of liberty. Where multiple sexual offences arise from a single transaction, substantial concurrency is called for even where the offender is sentenced as a serious sexual offender.
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