Section 135: Deduction of time spent in custody

135. Deduction of time spent in custody (1) Subject to subsections (2) and (3), the Court shall, in determining the term of imprisonment or penal 80 Acts 2018 servitude to be served by an accused, give him full credit for the time he spent in custody by deducting that time from the term of imprisonment or penal servitude imposed. (2) The time spent in custody by an accused shall – (a) in the case of terms of imprisonment or penal servitude imposed under different counts of an information and ordered by the Court to run concurrently, be deducted from the highest term of imprisonment or penal servitude imposed; (b) in the case of terms of imprisonment or penal servitude imposed under different counts of an information and ordered by the Court to run consecutively, be deducted from the aggregate of the terms of imprisonment and penal servitude imposed; (c) in case the accused was, during that time, serving sentence for another offence, not be deducted from the term of imprisonment or penal servitude imposed; (d) in case the accused was, during that time, in custody for more than one offence, be deducted from the term of imprisonment or penal servitude imposed for only one sentence and only once in relation to that sentence. (3) No accused shall qualify for credit for the time he spent in custody where, in default of payment of any fine or costs imposed, he is sentenced to imprisonment. (4) In this section – “time spent in custody” includes the time during which an accused has been – (a) in police detention; (b) on remand; Acts 2018 81 (c) detained pursuant to the Juvenile Offenders Act, the Mental Health Care Act or the Reform Institutions Act. (d) by inserting, after section 135, the following new section –