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Youth Justice and Criminal Evidence Act 1999

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This is the original version (as it was originally enacted).

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6(1)Section 74 (duties and powers of court in relation to detention and training orders) is amended as follows.

(2)For subsection (2) substitute—

(2)Subject to subsections (3) and (4A) below, a court making a detention and training order may order that its term shall commence on the expiration of the term of any other detention and training order made by that or any other court.

(3)After subsection (4) insert—

(4A)A court making a detention and training order shall not order that its term shall commence on the expiration of the term of a detention and training order under which the period of supervision has already begun (under section 76(1) below).

(4B)Where a detention and training order (“the new order”) is made in respect of an offender who is subject to a detention and training order under which the period of supervision has begun (“the old order”), the old order shall be disregarded in determining—

(a)for the purposes of subsection (3) above whether the effect of the new order would be that the offender would be subject to detention and training orders for a term which exceeds 24 months; and

(b)for the purposes of subsection (4) above whether the term of the detention and training orders to which the offender would (apart from that subsection) be subject exceeds 24 months.

(4)After subsection (5) insert—

(5A)Where a court proposes to make detention and training orders in respect of an offender for two or more offences—

(a)subsection (5) above shall not apply, but

(b)in determining the total term of the detention and training orders it proposes to make in respect of the offender, the court shall take account of the total period for which he has been remanded in custody in connection with any of those offences, or any other offence the charge for which was founded on the same facts or evidence.

(5B)Once a period of remand has, under subsection (5) or (5A) above, been taken account of in relation to a detention and training order made in respect of an offender for any offence or offences, it shall not subsequently be taken account of (under either of those subsections) in relation to such an order made in respect of the offender for any other offence or offences.

(5)In subsection (6), for “The reference in subsection (5) above” substitute “Any reference in subsection (5) or (5A) above”.

(6)In subsection (8), omit “this section or”.

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