Sentencing Process - Step six

Step 6: Consider time spent in custody

This step applies only where:
the court is imposing a custodial sentence (a sentence of imprisonment or detention), and
any of the circumstances in section 210 of the Criminal Procedure (Scotland) Act 1995 apply: most commonly that the offender was in custody on remand awaiting trial or sentence.

In these circumstances the court must, in deciding on the length and commencement date of the custodial sentence, have regard to the period of time spent in custody.

Step 7: Consider ancillary orders