Minimum period before release from detention
121 Minimum period before release from detention
If a court sentences a young person to detention for 12 months or less, the offender is to remain in custody for 50% of the term to which the offender was sentenced before the offender can be released under a supervised release order.
When sentencing an offender to detention for more than 12 months, the court may set a minimum period for which the offender is to remain in custody before the offender can be released under a supervised release order.
The minimum period set by the court cannot be less than the period determined as follows —
where
“P” is the period to be determined (in months);
“T” is the term of custody (in months) to which the offender was sentenced.
If the court does not set a different minimum period, the offender is to remain in custody for 50% of the term to which the offender was sentenced before the offender can be released under a supervised release order.
[(5) deleted]
This section does not apply in respect of a sentence imposed by a special order.
[Section 121 amended: No. 29 of 1998 s. 23.]
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