Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

MIGRATION ACT 1958 - SECT 236C

Time in immigration detention counts for sentencing etc.

  (1)   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.

  (2)   The court must take into account any period that the person has spent in immigration detention during the period:

  (a)   starting when the offence was committed; and

  (b)   ending when the person is sentenced for the offence.

Note:   This enables the court to take into account time spent while not in punitive detention.

  (3)   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.

Note:   Section   16E of the Crimes Act 1914 applies State law to aspects of sentencing for federal offences, subject to specified exceptions.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback