After an offender has been convicted, the process of imprisonment begins at the time that the court orders the term of imprisonment. From that point on and for the remainder of the sentence the prisoner is legally in the custody of the Chief Executive of the Department for Correctional Services [see Correctional Services Act 1982 s 24].
In most cases, time already spent in custody awaiting trial or sentence is taken into account when the sentence is finally imposed, or the sentence may be 'back dated' to the date the person was taken into custody.
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.