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Linked periods in legal detention
When calculating the length of stay in legal detention, individual periods shorter than 28 days can be added together to form one 28 day period. For legal detention, periods with fewer than one year between them can be linked together in this way (Scottish Adult DLA regs, reg. 25(4)).
Example: linked periods in legal detention
Greg is remanded in custody on 3 June and stays there until his trial on 27 June. He is then released on bail pending his sentencing hearing which takes place on 6 August. He receives a non-custodial sentence and can therefore continue to receive Scottish Adult DLA. However, on 12 December Greg is arrested and remanded in custody again. Greg has already received 23 days’ payment of Scottish Adult DLA whilst on remand in June – as there is less than a year between the two periods in detention, they are linked. Greg can therefore receive a further 5 days’ payment and his payment will stop from 18 December for as long as he remains in legal detention.