Section 87 of the Sentencing Act 1995 (WA) is permissive in that it is not obligatory for a court to take into account the time spent in custody prior to sentencing. The provision enables the court to proceed in one of two ways when it decides to take the time spent on remand into account: by reducing the fixed term by an appropriate period (s 87(c)), or by ordering that the term is to be taken to have begun on a specified day (s 87(d)).
McKechnie J
Section 87 of the Sentencing Act 1995 (WA) is permissive, not obligatory, and a sentencing court may take pre-sentence custody into account by reducing the fixed term under s 87(c) without making precise mathematical calculations. Where an appellant is at fault, the court may allow a lesser period or no allowance at all. Best practice is to state the precise period taken into account at the time of sentencing.
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