Justice Bill
Clause 15: Consideration of time spent on remand in custody
Clause 15 requires that any time a child has spent in custody on remand should be considered as part of sentencing if convicted.
Clause 15
Consideration of time spent on remand in custody
15. After Article 32 of the Criminal Justice (Children) (Northern Ireland) Order 1998, insert—
“Consideration of time spent on remand in custody
32A.—(1) This Article applies where a child has been found guilty of an offence and a court is deciding—
(a) whether to impose a sentence or order other than a custodial sentence, or
(b) where the court has a discretion to impose a custodial sentence, whether a sentence of that kind is justified.
(2) Before making the decision, the court must consider any period for which the child has been remanded in custody in connection with the offence.
(3) If the court decides that a custodial sentence is justified, nothing in this Article affects the court’s power to determine the length of that sentence.”.