Mental Health Act 2016

Section 797A applies, and is taken always to have applied, as if the reference in section 797A(1) to a period included a reference to a period during the designated period.

If section 797A(2)(a) or (b), as applied under subsection (1), applies in relation to a person for a period during the designated period, the period is—

for the Penalties and Sentences Act 1992—taken to be, and to have always been, imprisonment already served by the person under the sentence for the offence; or

for the Corrective Services Act 2006 or the Youth Justice Act 1992—counted, and is taken to have always been counted, as part of the person’s period of imprisonment or period of detention for the offence.

In this section—