Time in immigration detention counts for sentencing etc
236C Time in immigration detention counts for sentencing etc
This section applies to the court when imposing a sentence on, or setting a non‑parole period for, a person convicted of an offence against this Subdivision.
The court must take into account any period that the person has spent in immigration detention during the period:
starting when the offence was committed; and
ending when the person is sentenced for the offence.
This enables the court to take into account time spent while not in punitive detention.
Neither section 236B nor this section prevents section 16E of the Crimes Act 1914 from applying to the imposition of the sentence or the setting of the non‑parole period.
Section 16E of the Crimes Act 1914 applies State law to aspects of sentencing for federal offences, subject to specified exceptions.
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