Subject to this Code and any other written law, a sentence of imprisonment shall take effect from the date it was passed, unless the court passing the sentence or, when there has been an appeal, the appellate court, otherwise directs.
Section history
Section 318 — Date that sentence begins
Consolidated view is experimental and may be broken for certain provisions.
Amendments
Section 318 — Original text to 31 October 2018superseded
Section 318 — From 31 October 2018 (current)rewritten (not yet redlined) — Criminal Justice Reform Act 2018, Criminal Procedure Code (Amendment of Second Schedule) Order 2018
(1)Subject to this Code and any other written law, a sentence of imprisonment, reformative training, 2019corrective training or preventive detention2026a sentence of corrective training, a sentence of preventive detention, a sentence for public protection or a sentence for enhanced public protection2026 shall take2021takes2021 effect from2019beginning on2019 the date it was passed, unless the court passing the sentence or, when there has been an appeal, the appellate court, otherwise directs.
(1A)A sentence of reformative training takes effect beginning on the date it was passed or at such later date as the court may determine.
(2)To avoid doubt, where a court has directed under subsection (1) that a sentence of imprisonment, reformative training, 2019corrective training or preventive detention2026a sentence of corrective training, a sentence of preventive detention, a sentence for public protection or a sentence for enhanced public protection2026 is to take effect on a date later than the date the sentence was passed —
(a)the court may under that subsection further direct that the sentence is to take effect on another date; and
(b)the court may release the offender, during the period before the sentence is to take effect, on bail or on the offender’s personal bond.
(3)To avoid doubt, a court may under subsection (1) direct that a sentence of imprisonment, reformative training, 2019corrective training or preventive detention2026a sentence of corrective training, a sentence of preventive detention, a sentence for public protection or a sentence for enhanced public protection2026 is to take effect on a date earlier than the date the sentence is passed.
(4)Where an offender has been remanded in custody, or remanded in a psychiatric institution (whether for observation or otherwise) under Division 5 of Part XIII,202113,2021 for an offence, a court must consider directing that a sentence of imprisonment, reformative training, 2019corrective training or preventive detention2026a sentence of corrective training, a sentence of preventive detention, a sentence for public protection or a sentence for enhanced public protection2026, which is to be imposed for that offence, is to take effect on a date earlier than the date the sentence is passed.
(5)Before directing the date on which a sentence of imprisonment, reformative training, 2019corrective training or preventive detention2026a sentence of corrective training, a sentence of preventive detention, a sentence for public protection or a sentence for enhanced public protection2026, which is to be imposed for an offence, is to take effect, a court must consider all the circumstances of the case, including the following matters:
(a)the date on which the offender was arrested for the offence;
(b)the length of the period (if any) during which the offender was remanded in custody in relation to the offence;
(c)the length of the period (if any) during which the offender was remanded in a psychiatric institution (whether for observation or otherwise) under Division 5 of Part XIII2021132021 in relation to the offence;
(d)the length of the period (if any), after the offender was arrested for the offence, during which the offender was not in custody.