Part V CUSTODIAL SENTENCES ETC.

Chapter IGeneral provisions

Meaning of “custodial sentence”

76 Meaning of “custodial sentence”.

1

In this Act “custodial sentence” means—

a

a sentence of imprisonment (as to which, see section 89(1)(a) below);

b

a sentence of detention under section 90 or 91 below;

F27bb

a sentence of detention for public protection under section 226 of the Criminal Justice Act 2003;

bc

a sentence of detention under section F86226B or 228 of that Act;

c

a sentence of custody for life under section 93 or 94 below;

d

a sentence of detention in a young offender institution (under section 96 below or otherwise); or

e

a detention and training order (under section 100 below).

2

In subsection (1) above “sentence of imprisonment” does not include a committal for contempt of court or any kindred offence.

Liability to imprisonment on conviction on indictment

77 Liability to imprisonment on conviction on indictment.

Where a person is convicted on indictment of an offence against any enactment and is for that offence liable to be sentenced to imprisonment, but the sentence is not by any enactment either limited to a specified term or expressed to extend to imprisonment for life, the person so convicted shall be liable to imprisonment for not more than two years.

General limit on magistrates’ courts’ powers

78 General limit on magistrates’ court’s power to impose imprisonment or detention in a young offender institution.

F251

A magistrates’ court shall not have power to impose imprisonment, or detention in a young offender institution, for more than six months in respect of any one offence.

2

Unless expressly excluded, subsection (1) above shall apply even if the offence in question is one for which a person would otherwise be liable on summary conviction to imprisonment or detention in a young offender institution for more than six months.

3

Subsection (1) above is without prejudice to section 133 of the M1Magistrates’ Courts Act 1980 (consecutive terms of imprisonment).

4

Any power of a magistrates’ court to impose a term of imprisonment for non-payment of a fine, or for want of sufficient F116goods to satisfy a fine, shall not be limited by virtue of subsection (1) above.

F1154A

In subsection (4) the reference to want of sufficient goods to satisfy a fine is a reference to circumstances where—

a

there is power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 to recover the fine from a person, but

b

it appears, after an attempt has been made to exercise the power, that the person's goods are insufficient to pay the amount outstanding (as defined by paragraph 50(3) of that Schedule).

5

In subsection (4) above “fine” includes a pecuniary penalty but does not include a pecuniary forfeiture or pecuniary compensation.

6

In this section “impose imprisonment” means pass a sentence of imprisonment or fix a term of imprisonment for failure to pay any sum of money, or for want of sufficient distress to satisfy any sum of money, or for failure to do or abstain from doing anything required to be done or left undone.

7

Section 132 of the M2Magistrates’ Courts Act 1980 contains provision about the minimum term of imprisonment which may be imposed by a magistrates’ court.

General restrictions on discretionary custodial sentences

F2579 General restrictions on imposing discretionary custodial sentences.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2580 Length of discretionary custodial sentences: general provision.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedural requirements for imposing discretionary custodial sentences

F2581 Pre-sentence reports and other requirements.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2582 Additional requirements in case of mentally disordered offender.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 Life sentences

Annotations:
Amendments (Textual)
F2

S. 82A and cross-heading inserted (30.11.2000) by 2000 c. 43, ss. 60(1), 80(3)

F1C182A Determination of tariffs.

1

This section applies if a court passes a life sentence in circumstances F7where the sentence is not fixed by law.

2

The court shall, unless it makes an order under subsection (4) below, order that the provisions of section 28(5) to (8) of the M3Crime (Sentences) Act 1997 (referred to in this section as the “early release provisions”) shall apply to the offender as soon as he has served the part of his sentence which is specified in the order.

3

The part of his sentence shall be such as the court considers appropriate taking into account—

a

the seriousness of the offence, or of the combination of the offence and one or more offences associated with it;

F127b

the effect that the following would have if the court had sentenced the offender to a term of imprisonment—

i

section 240ZA of the Criminal Justice Act 2003 (crediting periods of remand in custody);

ii

section 246 of the Armed Forces Act 2006 (equivalent provision for service courts);

iii

any direction which the court would have given under section 240A of the Criminal Justice Act 2003 (crediting periods of remand on bail subject to certain types of condition);

c

the early release provisions as compared with F8section 244(1) of the Criminal Justice Act 2003 .

4

If F9the offender was aged 21 or over when he committed the offence and the court is of the opinion that, because of the seriousness of the offence or of the combination of the offence and one or more offences associated with it, no order should be made under subsection (2) above, the court shall order that, F10..., the early release provisions shall not apply to the offender.

F874A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F115

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F116

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

In this section—

  • court” includes F70the Court Martial;

  • F88life sentence” means a sentence mentioned in subsection (2) of section 34 of the Crime (Sentences) Act 1997 other than a sentence mentioned in paragraph (d) or (e) of that subsection.

8

So far as this section relates to sentences passed by F71the Court Martial, section 167(1) below does not apply.

Other restrictions

83 Restriction on imposing custodial sentences on persons not legally represented.

1

A magistrates’ court on summary conviction, or the Crown Court on committal for sentence or on conviction on indictment, shall not pass a sentence of imprisonment on a person who—

a

is not legally represented in that court, and

b

has not been previously sentenced to that punishment by a court in any part of the United Kingdom,

unless he is a person to whom subsection (3) below applies.

2

A magistrates’ court on summary conviction, or the Crown Court on committal for sentence or on conviction on indictment, shall not—

a

pass a sentence of detention under section 90 or 91 below,

b

pass a sentence of custody for life under section 93 or 94 below,

c

pass a sentence of detention in a young offender institution, or

d

make a detention and training order,

on or in respect of a person who is not legally represented in that court unless he is a person to whom subsection (3) below applies.

3

This subsection applies to a person if either—

a

F111representation was made available to him for the purposes of the proceedings under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 but was withdrawn because of his conduct F44or because it appeared that his financial resources were such that he was not eligible F112for such representation;

F45aa

he applied for such representation and the application was refused because it appeared that his financial resources were such that he was not eligible F110for such representation; or

b

having been informed of his right to apply for such representation and having had the opportunity to do so, he refused or failed to apply.

4

For the purposes of this section a person is to be treated as legally represented in a court if, but only if, he has the assistance of counsel or a solicitor to represent him in the proceedings in that court at some time after he is found guilty and before he is sentenced.

5

For the purposes of subsection (1)(b) above a previous sentence of imprisonment which has been suspended and which has not taken effect under section 119 below or under section 19 of the M4Treatment of Offenders Act (Northern Ireland) 1968 shall be disregarded.

6

In this section “sentence of imprisonment” does not include a committal for contempt of court or any kindred offence.

F2884 Restriction on consecutive sentences for released prisoners.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sexual and violent offences: licences etc.

F2985 Sexual or violent offences: extension of certain custodial sentences for licence purposes.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8986 Sexual offences committed before 30th September 1998.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Crediting of periods of remand in custody

F2187 Crediting of periods of remand in custody: terms of imprisonment and detention.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2288 Meaning of “remand in custody”.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C2 Chapter IIDetention and custody of young offenders

Annotations:
Modifications etc. (not altering text)
C2

Pt. 5 Ch. 2 power to modify, amend or repeal conferred (30.9.2003) by Armed Forces Act 2001 (c. 19), ss. 31(1)(a)(3)(6)(7), 39(2); S.I. 2003/2268, art. 2

Restriction on imposing imprisonment on persons under 21

89 Restriction on imposing imprisonment on persons under 21.

1

Subject to subsection (2) below, no court shall—

a

pass a sentence of imprisonment on a person for an offence if he is aged under 21 when convicted of the offence; or

b

commit a person aged under 21 to prison for any reason.

2

Nothing in subsection (1) above shall prevent the committal to prison of a person aged under 21 who is—

a

remanded in custody;

b

committed in custody for F113trial or sentence; or

c

sent in custody for trial under section 51 F114or 51A of the M5Crime and Disorder Act 1998.

Detention at Her Majesty’s pleasure or for specified period

90 Offenders who commit murder F3etc. when under 18: duty to detain at Her Majesty’s pleasure.

Where a person convicted of murder F3or any other offence the sentence for which is fixed by law as life imprisonment appears to the court to have been aged under 18 at the time the offence was committed, the court shall (notwithstanding anything in this or any other Act) sentence him to be detained during Her Majesty’s pleasure.

Annotations:
Amendments (Textual)
F3

Words in s. 90 and the sidenote inserted (30.11.2000) by 2000 c. 43, s. 60(2)(3)

C3C491 Offenders under 18 convicted of certain serious offences: power to detain for specified period.

1

Subsection (3) below applies where a person aged under 18 is convicted on indictment of—

a

an offence punishable in the case of a person aged 21 or over with imprisonment for 14 years or more, not being an offence the sentence for which is fixed by law; or

F15b

an offence under section 3 of the Sexual Offences Act 2003 (in this section, “the 2003 Act”) (sexual assault); or

c

an offence under section 13 of the 2003 Act (child sex offences committed by children or young persons); or

d

an offence under section 25 of the 2003 Act (sexual activity with a child family member); or

e

an offence under section 26 of the 2003 Act (inciting a child family member to engage in sexual activity).

F121A

Subsection (3) below also applies where—

a

a person aged under 18 is convicted on indictment of an offence—

i

under subsection (1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c) of section 5 of the Firearms Act 1968 (prohibited weapons), or

ii

under subsection (1A)(a) of that section,

b

the offence was committed after the commencement of section 51A of that Act and F49for the purposes of subsection (3) of that section at a time when he was aged 16 or over, and

c

the court is of the opinion mentioned in section 51A(2) of that Act (exceptional circumstances which justify its not imposing required custodial sentence).

F471B

Subsection (3) below also applies where—

a

a person aged under 18 is convicted on indictment of an offence under the Firearms Act 1968 that is listed in section 51A(1A)(b), (e) or (f) of that Act and was committed in respect of a firearm or ammunition specified in section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c) or section 5(1A)(a) of that Act;

b

the offence was committed after the commencement of section 30 of the Violent Crime Reduction Act 2006 and for the purposes of section 51A(3) of the Firearms Act 1968 at a time when he was aged 16 or over; and

c

the court is of the opinion mentioned in section 51A(2) of the Firearms Act 1968.

1C

Subsection (3) below also applies where—

a

a person aged under 18 is convicted of an offence under section 28 of the Violent Crime Reduction Act 2006 (using someone to mind a weapon);

b

section 29(3) of that Act applies (minimum sentences in certain cases); and

c

the court is of the opinion mentioned in section 29(6) of that Act (exceptional circumstances which justify not imposing the minimum sentence).

F142

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

If the court is of the opinion that F30neither F74 a youth rehabilitation order nor a detention and training order is suitable, the court may sentence the offender to be detained for such period, not exceeding the maximum term of imprisonment with which the offence is punishable in the case of a person aged 21 or over, as may be specified in the sentence.

4

Subsection (3) above is subject to (in particular) F31section 152 and 153 of the Criminal Justice Act 2003.

F135

Where

F48a

subsection (2) of section 51A of the Firearms Act 1968, or

b

subsection (6) of section 29 of the Violent Crime Reduction Act 2006,

requires the imposition of a sentence of detention under this section for a term of at least the term provided for in that section, the court shall sentence the offender to be detained for such period, of at least the term so provided for but not exceeding the maximum term of imprisonment with which the offence is punishable in the case of a person aged 18 or over, as may be specified in the sentence.

92 Detention under sections 90 and 91: place of detention etc.

1

A person sentenced to be detained under section 90 or 91 above shall be liable to be detained in such place and under such conditions—

a

as the Secretary of State may direct; or

b

as the Secretary of State may arrange with any person.

2

A person detained pursuant to the directions or arrangements made by the Secretary of State under this section shall be deemed to be in legal custody.

F613

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Custody for life

93 Duty to impose custody for life in certain cases where offender under 21.

Where a person aged under 21 is convicted of murder or any other offence the sentence for which is fixed by law as imprisonment for life, the court shall sentence him to custody for life unless he is liable to be detained under section 90 above.

94 Power to impose custody for life in certain other cases where offender at least 18 but under 21.

1

Where a person aged at least 18 but under 21 is convicted of an offence—

a

for which the sentence is not fixed by law, but

b

for which a person aged 21 or over would be liable to imprisonment for life,

the court shall, if it considers that a sentence for life would be appropriate, sentence him to custody for life.

2

Subsection (1) above is subject to (in particular) sections 79 and 80 above, but this subsection does not apply in relation to a sentence which falls to be imposed under section 109(2) below.

95 Custody for life: place of detention.

1

Subject to section 22(2)(b) of the M6Prison Act 1952 (removal to hospital etc.), an offender sentenced to custody for life shall be detained in a young offender institution unless a direction under subsection (2) below is in force in relation to him.

2

The Secretary of State may from time to time direct that an offender sentenced to custody for life shall be detained in a prison or remand centre instead of a young offender institution.

Detention in a young offender institution

96 Detention in a young offender institution for other cases where offender at least 18 but under 21.

Subject to sections 90, 93 and 94 above, where—

a

a person aged at least 18 but under 21 is convicted of an offence which is punishable with imprisonment in the case of a person aged 21 or over, and

b

the court is of the opinion that either or both of paragraphs (a) and (b) of section 79(2) above apply or the case falls within section 79(3),

the sentence that the court is to pass is a sentence of detention in a young offender institution.

97 Term of detention in a young offender institution, and consecutive sentences.

C91

The maximum term of detention in a young offender institution that a court may impose for an offence is the same as the maximum term of imprisonment that it may impose for that offence.

C92

F129... a court shall not pass a sentence for an offender’s detention in a young offender institution for less than 21 days.

F1283

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

Where—

a

an offender is convicted of more than one offence for which he is liable to a sentence of detention in a young offender institution, or

b

an offender who is serving a sentence of detention in a young offender institution is convicted of one or more further offences for which he is liable to such a sentence,

the court shall have the same power to pass consecutive sentences of detention in a young offender institution as if they were sentences of imprisonment.

5

Subject to section 84 above (restriction on consecutive sentences for released prisoners), where an offender who—

a

is serving a sentence of detention in a young offender institution, and

b

is aged 21 or over,

is convicted of one or more further offences for which he is liable to imprisonment, the court shall have the power to pass one or more sentences of imprisonment to run consecutively upon the sentence of detention in a young offender institution.

98 Detention in a young offender institution: place of detention.

1

Subject to section 22(2)(b) of the M7Prison Act 1952 (removal to hospital etc.), an offender sentenced to detention in a young offender institution shall be detained in such an institution unless a direction under subsection (2) below is in force in relation to him.

2

The Secretary of State may from time to time direct that an offender sentenced to detention in a young offender institution shall be detained in a prison or remand centre instead of a young offender institution.

F23Conversion of sentence of detention to sentence of imprisonment

Annotations:
Amendments (Textual)
F23

S. 99 and cross-heading substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 236, 336(3)(4); S.I. 2005/950, art. 2(1), Sch. 1 para. 18 (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

99 Conversion of sentence of detention to sentence of imprisonment

1

Subject to the following provisions of this section, where an offender has been sentenced by a relevant sentence of detention to a term of detention and either—

a

he has attained the age of 21, or

b

he has attained the age of 18 and has been reported to the Secretary of State by the F51independent monitoring board of the institution in which he is detained as exercising a bad influence on the other inmates of the institution or as behaving in a disruptive manner to the detriment of those inmates,

the Secretary of State may direct that he shall be treated as if he had been sentenced to imprisonment for the same term.

2

Where the Secretary of State gives a direction under subsection (1) above in relation to an offender, the portion of the term of detention imposed under the relevant sentence of detention which he has already served shall be deemed to have been a portion of a term of imprisonment.

3

Where the Secretary of State gives a direction under subsection (1) above in relation to an offender serving a sentence of detention for public protection under section 226 of the Criminal Justice Act 2003 the offender shall be treated as if he had been sentenced under section 225 of that ActF95....

F923A

Where the Secretary of State gives a direction under subsection (1) above in relation to an offender serving an extended sentence of detention imposed under Chapter 5 of Part 12 of the Criminal Justice Act 2003—

a

if the sentence was imposed under section 226B of that Act, the offender shall be treated as if the offender had been sentenced under section 226A of that Act, and

b

if the sentence was imposed under section 228 of that Act, the offender shall be treated as if the offender had been sentenced under section 227 of that Act.

4

Rules under section 47 of the Prison Act 1952 may provide that any award for an offence against discipline made in respect of an offender serving a relevant sentence of detention shall continue to have effect after a direction under subsection (1) has been given in relation to him.

5

In this section “relevant sentence of detention” means—

a

a sentence of detention under section 90 or 91 above,

C6F65aa

a sentence of detention under section 209 or 218 of the Armed Forces Act 2006,

b

a sentence of detention for public protection under section 226 of the Criminal Justice Act 2003, or

c

an extended sentence of detention under section F96226B or 228 of that Act.

F666

References in this section to a sentence under section 226 F93, 226B or 228 of the Criminal Justice Act 2003 include such a sentence passed as a result of section 221 F94, 221A or 222 of the Armed Forces Act 2006.

Detention and training orders

100 Offenders under 18: detention and training orders.

1

F32Subject to sections 90 and 91 above, sections 226 and F91226B of the Criminal Justice Act 2003, and subsection (2) below, where—

a

a child or young person (that is to say, any person aged under 18) is convicted of an offence which is punishable with imprisonment in the case of a person aged 21 or over, and

F33b

the court is of the opinion that subsection (2) of section 152 of the Criminal Justice Act 2003 applies or the case falls within subsection (3) of that section,

the sentence that the court is to pass is a detention and training order.

F901A

Subsection (1) applies with the omission of paragraph (b) in the case of an offence the sentence for which falls to be imposed under these provisions—

a

section 1A(5) of the Prevention of Crime Act 1953 (minimum sentence for offence of threatening with offensive weapon in public);

b

section 139AA(7) of the Criminal Justice Act 1988 (minimum sentence for offence of threatening with article with blade or point or offensive weapon).

2

A court shall not make a detention and training order—

a

in the case of an offender under the age of 15 at the time of the conviction, unless it is of the opinion that he is a persistent offender;

b

in the case of an offender under the age of 12 at that time, unless—

i

it is of the opinion that only a custodial sentence would be adequate to protect the public from further offending by him; and

ii

the offence was committed on or after such date as the Secretary of State may by order appoint.

3

A detention and training order is an order that the offender in respect of whom it is made shall be subject, for the term specified in the order, to a period of detention and training followed by a period of supervision.

F344

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

101 Term of order, consecutive terms and taking account of remands.

1

Subject to subsection (2) below, the term of a detention and training order made in respect of an offence (whether by a magistrates’ court or otherwise) shall be 4, 6, 8, 10, 12, 18 or 24 months.

2

The term of a detention and training order may not exceed the maximum term of imprisonment that the Crown Court could (in the case of an offender aged 21 or over) impose for the offence.

C13C53

Subject to subsections (4) and (6) below, a court making a detention and training order may order that its term shall commence on the expiry of the term of any other detention and training order made by that or any other court.

C13C54

A court shall not make in respect of an offender a detention and training order the effect of which would be that he would be subject to detention and training orders for a term which exceeds 24 months.

C13C55

Where the term of the detention and training orders to which an offender would otherwise be subject exceeds 24 months, the excess shall be treated as remitted.

C13C56

A court making a detention and training order shall not order that its term shall commence on the expiry of the term of a detention and training order under which the period of supervision has already begun (under section 103(1) below).

C13C57

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

C16C138

In determining the term of a detention and training order for an offence, the court shall take account of any period for which the offender has been remanded F63

a

in custody, or

b

on bail subject to a qualifying curfew condition and an electronic monitoring condition (within the meaning of section 240A of the Criminal Justice Act 2003),

in connection with the offence, or any other offence the charge for which was founded on the same facts or evidence.

C17C139

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

a

subsection (8) 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 (if any) for which he has been remanded F64as mentioned in that subsection in connection with any of those offences, or any other offence the charge for which was founded on the same facts or evidence.

C1310

Once a period of remand has, under subsection (8) or (9) 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.

C1811

Any reference in subsection (8) or (9) above to an offender’s being remanded in custody is a reference to his being—

a

held in police detention;

b

remanded in or committed to custody by an order of a court;

F99c

remanded to youth detention accommodation under section 91(4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012; or

d

remanded, admitted or removed to hospital under section 35, 36, 38 or 48 of the M8Mental Health Act 1983.

C1912

A person is in police detention for the purposes of subsection (11) above—

a

at any time when he is in police detention for the purposes of the M9Police and Criminal Evidence Act 1984; and

b

at any time when he is detained under F4section 41 of the Terrorism Act 2000;

F97...

F4612A

Section 243 of the Criminal Justice Act 2003 (persons extradited to the United Kingdom) applies in relation to a person sentenced to a detention and training order as it applies in relation to a fixed-term prisoner, with F98the reference in subsection (2A) of that section to section 240ZA being read as a reference to subsection (8) above.

C20C1413

For the purpose of any reference in sections 102 to 105 F118and 106B below to the term of a detention and training order, consecutive terms of such orders and terms of such orders which are wholly or partly concurrent shall be treated as a single term if—

a

the orders were made on the same occasion; or

b

where they were made on different occasions, the offender has not been released (by virtue of subsection (2), (3), (4) or (5) of section 102 below) at any time during the period beginning with the first and ending with the last of those occasions.

C11102 The period of detention and training.

1

An offender shall serve the period of detention and training under a detention and training order in such F52youth detention accommodation as may be determined by the Secretary of State F53....

2

Subject to subsections (3) to (5) below, the period of detention and training under a detention and training order shall be one-half of the term of the order.

3

The Secretary of State may at any time release the offender if he is satisfied that exceptional circumstances exist which justify the offender’s release on compassionate grounds.

4

The Secretary of State may release the offender—

a

in the case of an order for a term of 8 months or more but less than 18 months, F54at any time during the period of one month ending with the half-way point of the term of the order; and

b

in the case of an order for a term of 18 months or more, F55at any time during the period of two months ending with that point.

5

If a youth court so orders on an application made by the Secretary of State for the purpose, the Secretary of State shall release the offender—

a

in the case of an order for a term of 8 months or more but less than 18 months, one month after the half-way point of the term of the order; and

b

in the case of an order for a term of 18 months or more, one month or two months after that point.

6

An offender detained in pursuance of a detention and training order shall be deemed to be in legal custody.

C11103 The period of supervision.

1

The period of supervision of an offender who is subject to a detention and training order—

a

shall begin with the offender’s release, whether at the half-way point of the term of the order or otherwise; and

b

subject to subsection (2) below, shall end when the term of the order ends.

2

F122Subject to subsection (2A), The Secretary of State may by order provide that the period of supervision shall end at such point during the term of a detention and training order as may be specified in the order under this subsection.

F1192A

An order under subsection (2) may not include provision about cases in which—

a

the offender is aged 18 or over at the half-way point of the term of the detention and training order, and

b

the order was imposed in respect of an offence committed on or after the day on which section 6(4) of the Offender Rehabilitation Act 2014 came into force.

3

During the period of supervision, the offender shall be under the supervision of—

a

F5an officer of a local probation board;

F120b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

a member of a youth offending team;

and the category of person to supervise the offender shall be determined from time to time by the Secretary of State.

4

Where the supervision is to be provided by F5an officer of a local probation board, F5the officer of a local probation board shall be an officer appointed for or assigned to the F18local justice area within which the offender resides for the time being.

5

Where the supervision is to be provided by—

F123a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

a member of a youth offending team,

the F121... member shall be F121... a member of a youth offending team established by, the local authority within whose area the offender resides for the time being.

6

The offender shall be given a notice from the Secretary of State specifying—

a

the category of person for the time being responsible for his supervision; and

b

any requirements with which he must for the time being comply.

7

A notice under subsection (6) above shall be given to the offender—

a

before the commencement of the period of supervision; and

b

before any alteration in the matters specified in subsection (6)(a) or (b) above comes into effect.

C11104 Breach of supervision requirements.

1

Where a detention and training order is in force in respect of an offender and it appears on information to a justice of the peace F19... that the offender has failed to comply with requirements under section 103(6)(b) above, the justice—

a

may issue a summons requiring the offender to appear at the place and time specified in the summons F20... or

b

if the information is in writing and on oath, may issue a warrant for the offender’s arrest F17....

F162

Any summons or warrant issued under this section shall direct the offender to appear or be brought—

a

before a youth court acting in the local justice which the offender resides; or

b

if it is not known where the offender resides, before a youth court acting in the same local justice area as the justice who issued the summons or warrant.

3

If it is proved to the satisfaction of the youth court before which an offender appears or is brought under this section that he has failed to comply with requirements under section 103(6)(b) above, that court may—

F103a

order the offender to be detained, in such youth detention accommodation as the Secretary of State may determine, for such period, not exceeding the maximum period found under subsection (3A) below, as the court may specify;

aa

order the offender to be subject to such period of supervision, not exceeding the maximum period found under subsection (3A) below, as the court may specify; or

b

impose on the offender a fine not exceeding level 3 on the standard scale.

F1003A

The maximum period referred to in subsection (3)(a) and (aa) above is the shorter of—

a

three months, and

b

the period beginning with the date of the offender's failure and ending with the last day of the term of the detention and training order.

3B

For the purposes of subsection (3A) above a failure that is found to have occurred over two or more days is to be taken to have occurred on the first of those days.

3C

A court may order a period of detention or supervision, or impose a fine, under subsection (3) above before or after the end of the term of the detention and training order.

3D

A period of detention or supervision ordered under subsection (3) above—

a

begins on the date the order is made, and

b

may overlap to any extent with the period of supervision under the detention and training order.

4

An offender detained in pursuance of an order under subsection (3)(a) above shall be deemed to be in legal custody.

C23F1014A

Where an order under subsection (3)(a) above is made in the case of a person who has attained the age of 18, the order has effect to require the person to be detained in prison for the period specified by the court.

5

A fine imposed under subsection (3)(b) above shall be deemed, for the purposes of any enactment, to be a sum adjudged to be paid by a conviction.

F1025A

Sections 104A and 104B below make further provision about the operation of orders under subsection (3) above.

6

An offender may appeal to the Crown Court against any order made under subsection (3)(a) F104, (aa) or (b) above.

104AF85Application of sections 103 to 105 in relation to orders under section 104(3)(aa)

1

Subsections (3) to (7) of section 103 above apply in relation to a period of supervision to which an offender is subject by virtue of an order under section 104(3)(aa) above as they apply to the period of supervision under a detention and training order.

2

In the application of section 103 above by virtue of subsection (1) above, subsection (7)(a) of that section is to be read as requiring a notice to be given to the offender as soon as is reasonably practicable after the order under section 104(3)(aa) above is made.

3

Section 104 above and section 105 below apply where an offender is subject to a period of supervision under section 104(3)(aa) above as they apply where a detention and training order is in force in respect of an offender.

4

In the application of section 104 above by virtue of subsection (3) above—

a

the references in that section to section 103(6)(b) above are to be read as references to that provision as applied by subsection (1) above,

b

the references in subsections (3A)(b) and (3C) of that section to the term of the detention and training order are to be read as references to the term of the period of supervision under section 104(3)(aa) above, and

c

the reference in subsection (3D)(b) of that section to the period of supervision under the detention and training order is to be read as including a reference to the period of supervision under section 104(3)(aa) above.

5

In the application of section 105 below by virtue of subsection (3) above—

a

paragraph (a) of subsection (1) of that section is to be read as if the words “after his release and” were omitted, and

b

the reference in that paragraph to the date on which the term of the detention and training order ends is to be read as a reference to the date on which the period of supervision under section 104(3)(aa) ends.

104BInteraction of orders under section 104(3)(a) with other sentences

1

Where a court makes a detention and training order in the case of an offender who is subject to a period of detention under section 104(3)(a) above, the detention and training order takes effect—

a

at the beginning of the day on which it is made, or

b

if the court so orders, at the time when the period of detention under section 104(3)(a) above ends.

2

Where a court orders an offender who is subject to a detention and training order to be subject to a period of detention under section 104(3)(a) above for a failure to comply with requirements under a different detention and training order, the period of detention takes effect as follows—

a

if the offender has been released by virtue of subsection (2), (3), (4) or (5) of section 102 above, at the beginning of the day on which the order for the period of detention is made, and

b

if not, either as mentioned in paragraph (a) above or, if the court so orders, at the time when the offender would otherwise be released by virtue of subsection (2), (3), (4) or (5) of section 102 above.

3

Subject to subsection (4) below, where at any time an offender is subject concurrently—

a

to a detention and training order, and

b

to a period of detention under section 104(3)(a) above,

the offender is to be treated for the purposes of sections 102 to 105 of this Act as if the offender were subject only to the detention and training order.

4

Nothing in subsection (3) above requires the offender to be released in respect of either the order or the period of detention unless and until the offender is required to be released in respect of each of them.

5

The Secretary of State may by regulations make provision about the interaction between a period of detention under section 104(3)(a) above and a custodial sentence in a case where—

a

an offender who is subject to such a period of detention becomes subject to a custodial sentence, or

b

an offender who is subject to a custodial sentence becomes subject to such a period of detention.

6

The provision that may be made by regulations under subsection (5) above includes—

a

provision as to the time at which the period of detention under section 104(3)(a) above or the custodial sentence is to take effect;

b

provision for the offender to be treated, for the purposes of the enactments specified in the regulations, as subject only to the period of detention or the custodial sentence;

c

provision about the effect of enactments relating to the person's release from detention or imprisonment in a case where that release is not to take effect immediately by virtue of provision in the regulations.

7

The power of the Secretary of State to make regulations under subsection (5) above—

a

is exercisable by statutory instrument;

b

includes power to make supplementary, incidental, transitional, transitory or saving provision.

8

A statutory instrument containing regulations under subsection (5) above is subject to annulment in pursuance of a resolution of either House of Parliament.

C11105 Offences during currency of order.

1

This section applies to a person subject to a detention and training order if—

a

after his release and before the date on which the term of the order ends, he commits an offence punishable with imprisonment in the case of a person aged 21 or over (“the new offence”); and

b

whether before or after that date, he is convicted of the new offence.

2

Subject to section 8(6) above (duty of adult magistrates’ court to remit young offenders to youth court for sentence), the court by or before which a person to whom this section applies is convicted of the new offence may, whether or not it passes any other sentence on him, order him to be detained in such F56youth detention accommodation as the Secretary of State may determine for the whole or any part of the period which—

a

begins with the date of the court’s order; and

b

is equal in length to the period between the date on which the new offence was committed and the date mentioned in subsection (1) above.

3

The period for which a person to whom this section applies is ordered under subsection (2) above to be detained in F57youth detention accommodation—

a

shall, as the court may direct, either be served before and be followed by, or be served concurrently with, any sentence imposed for the new offence; and

b

in either case, shall be disregarded in determining the appropriate length of that sentence.

4

Where the new offence is found to have been committed over a period of two or more days, or at some time during a period of two or more days, it shall be taken for the purposes of this section to have been committed on the last of those days.

5

A person detained in pursuance of an order under subsection (2) above shall be deemed to be in legal custody.

106 Interaction with sentences of detention in a young offender institution.

C101

Where a court passes a sentence of detention in a young offender institution in the case of an offender who is subject to a detention and training order, the sentence shall take effect as follows—

a

if the offender has been released by virtue of subsection (2), (3), (4) or (5) of section 102 above, at the beginning of the day on which it is passed;

b

if not, either as mentioned in paragraph (a) above or, if the court so orders, at the time when the offender would otherwise be released by virtue of subsection (2), (3), (4) or (5) of section 102.

F352

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F353

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

Subject to subsection (5) below, where at any time an offender is subject concurrently—

a

to a detention and training order, and

b

to a sentence of detention in a young offender institution,

he shall be treated for the purposes of sections 102 to 105 above and of section 98 above (place of detention), Chapter IV of this Part (return to detention) and F130Chapter 6 of Part 12 of the Criminal Justice Act 2003 (release, licences, supervision and recall) as if he were subject only to the one of them that was imposed on the later occasion.

5

Nothing in subsection (4) above shall require the offender to be released in respect of either the order or the sentence unless and until he is required to be released in respect of each of them.

6

Where, by virtue of any enactment giving a court power to deal with a person in a way in which a court on a previous occasion could have dealt with him, a detention and training order for any term is made in the case of a person who has attained the age of 18, the person shall be treated as if he had been sentenced to detention in a young offender institution for the same term.

C15C7106AF26Interaction with sentences of detention

1

In this section—

  • the 2003 Act” means the Criminal Justice Act 2003;

  • sentence of detention” means—

    1. a

      a sentence of detention under section 91 above F67or section 209 of the Armed Forces Act 2006 , or

    2. b

      a sentence of detention under section F105226B or 228 of the 2003 Act (extended sentence for certain violent or sexual offences: persons under 18).

F68and references in this section to a sentence of detention under section F106226B or 228 of the 2003 Act include such a sentence passed as a result of section F107221A or 222 of the Armed Forces Act 2006.

2

Where a court passes a sentence of detention in the case of an offender who is subject to a detention and training order, the sentence shall take effect as follows—

a

if the offender has at any time been released by virtue of subsection (2), (3), (4) or (5) of section 102 above, at the beginning of the day on which the sentence is passed, and

b

if not, either as mentioned in paragraph (a) above or, if the court so orders, at the time when the offender would otherwise be released by virtue of subsection (2), (3), (4) or (5) of section 102.

3

Where a court makes a detention and training order in the case of an offender who is subject to a sentence of detention, the order shall take effect as follows—

a

if the offender has at any time been released under Chapter 6 of Part 12 of the 2003 Act (release on licence of fixed-term prisoners), at the beginning of the day on which the order is made, and

b

if not, either as mentioned in paragraph (a) above or, if the court so orders, at the time when the offender would otherwise be released under that Chapter.

4

Where an order under section 102(5) above is made in the case of a person in respect of whom a sentence of detention is to take effect as mentioned in subsection (2)(b) above, the order is to be expressed as an order that the period of detention attributable to the detention and training order is to end at the time determined under section 102(5)(a) or (b) above.

5

In determining for the purposes of subsection (3)(b) the time when an offender would otherwise be released under Chapter 6 of Part 12 of the 2003 Act, section 246 of that Act (power of Secretary of State to release prisoners on licence before he is required to do so) is to be disregarded.

6

Where by virtue of subsection (3)(b) above a detention and training order made in the case of a person who is subject to a sentence of detention under section F108226B or 228 of the 2003 Act is to take effect at the time when he would otherwise be released under Chapter 6 of Part 12 of that Act, any direction by the Parole Board under F109subsection (5)(b) of section 246A or (as the case may be) subsection (2)(b) of section 247 of that Act in respect of him is to be expressed as a direction that the Board would, but for the detention and training order, have directed his release under that section.

7

Subject to subsection (9) below, where at any time an offender is subject concurrently—

a

to a detention and training order, and

b

to a sentence of detention,

he shall be treated for the purposes of the provisions specified in subsection (8) below as if he were subject only to the sentence of detention.

8

Those provisions are—

a

sections 102 to 105 above,

b

section 92 above F72, section 235 of the 2003 Act and section 210 of the Armed Forces Act 2006 (place of detention etc), and

c

Chapter 6 of Part 12 of the 2003 Act.F69, and

d

section 214 of the Armed Forces Act 2006 (offences committed during a detention and training order under that Act).

9

Nothing in subsection (7) above shall require the offender to be released in respect of either the order or the sentence unless and until he is required to be released in respect of each of them.

C27C26C25C24106BF117Further supervision after end of term of detention and training order

1

This section applies where a detention and training order is made in respect of an offender if—

a

the offender is aged 18 or over at the half-way point of the term of the order,

b

the term of the order is less than 24 months, and

c

the order was imposed in respect of an offence committed on or after the day on which section 6(4) of the Offender Rehabilitation Act 2014 came into force.

2

The following provisions of the Criminal Justice Act 2003 (which relate to supervision after end of sentence) apply as they apply in cases described in section 256AA(1) of that Act—

a

sections 256AA (2) to (11), 256AB and 256AC,

b

sections 256D and 256E, and

c

Schedule 19A,

but with the following modifications.

3

The supervision period”, in relation to the offender, is the period which—

a

begins on the expiry of the term of the detention and training order, and

b

ends on the expiry of the period of 12 months beginning immediately after the half-way point of the term of the order.

4

The supervisor”, in relation to the offender, must be—

a

an officer of a provider of probation services, or

b

a member of the youth offending team established by the local authority in whose area the offender resides for the time being.

5

The power under section 256AB(4) includes power to make provision about the supervision requirements that may be imposed under section 256AA as applied by this section and to amend this Act.

6

Subsection (7) applies where the term of the detention and training order is determined by section 101(13) (consecutive and concurrent orders).

7

The offender is subject to supervision under section 256AA (as applied by this section) if that section (as applied) so requires in respect of one or more of the consecutive or concurrent orders.

C12107 Meaning of “ F50youth detention accommodation” and references to terms.

1

In sections 102, 104 and 105 above F58 youth detention accommodation means—

a

a secure training centre;

F126aa

a secure college;

b

a young offender institution;

c

accommodation provided by F59or on behalf of a local authority for the purpose of restricting the liberty of children and young persons;

d

accommodation provided for that purpose under subsection (5) of section 82 of the M10Children Act 1989 (financial support by the Secretary of State); or

F60e

such other accommodation or descriptions of accommodation as the Secretary of State may by order specify.

2

In sections 102 to 105 F125and 106B above references to the term of a detention and training order shall be construed in accordance with section 101(13) above.

F1243

For the purposes of sections 103(2A) and 106B(1), where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken to have been committed on the last of those days.

Detention of persons aged at least 18 but under 21 for default or contempt

108 Detention of persons aged at least 18 but under 21 for default or contempt.

1

In any case where, but for section 89(1) above, a court would have power—

a

to commit a person aged at least 18 but under 21 to prison for default in payment of a fine or any other sum of money, or

b

to make an order fixing a term of imprisonment in the event of such a default by such a person, or

c

to commit such a person to prison for contempt of court or any kindred offence,

the court shall have power, subject to subsection (3) below, to commit him to be detained under this section or, as the case may be, to make an order fixing a term of detention under this section in the event of default, for a term not exceeding the term of imprisonment.

2

For the purposes of subsection (1) above, the power of a court to order a person to be imprisoned under section 23 of the M11Attachment of Earnings Act 1971 shall be taken to be a power to commit him to prison.

3

No court shall commit a person to be detained under this section unless it is of the opinion that no other method of dealing with him is appropriate; and in forming any such opinion, the court—

a

shall take into account all such information about the circumstances of the default or contempt (including any aggravating or mitigating factors) as is available to it; and

b

may take into account any information about that person which is before it.

4

Where a magistrates’ court commits a person to be detained under this section, it shall—

a

state in open court the reason for its opinion that no other method of dealing with him is appropriate; and

b

cause that reason to be specified in the warrant of commitment and to be entered in the register.

5

Subject to section 22(2)(b) of the M12Prison Act 1952 (removal to hospital etc.), a person in respect of whom an order has been made under this section is to be detained—

a

in a remand centre,

b

in a young offender institution, or

c

in any place in which a person aged 21 or over could be imprisoned or detained for default in payment of a fine or any other sum of money,

as the Secretary of State may from time to time direct.

Chapter IIIRequired custodial sentences for certain offences

F36109 Life sentence for second serious offence.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

110 Minimum of seven years for third class A drug trafficking offence.

1

This section applies where—

a

a person is convicted of a class A drug trafficking offence committed after 30th September 1997;

b

at the time when that offence was committed, he was 18 or over and had F762 relevant drug convictions; and

c

one of those other offences was committed after he had been convicted of the other.

C212

The court shall impose an appropriate custodial sentence for a term of at least seven years except where the court is of the opinion that there are particular circumstances which—

a

relate to any of the offences or to the offender; and

b

would make it unjust to do so in all the circumstances.

F752A

For the purposes of subsection (1)—

a

a “relevant drug conviction” means—

i

a conviction in any part of the United Kingdom of a class A drug trafficking offence, or

ii

a conviction in another member State of an offence which was committed after the relevant date and would, if done in the United Kingdom at the time of the conviction, have constituted a class A drug trafficking offence; and

b

the relevant date” means the date on which this subsection comes into force.

F373

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

Where—

a

a person is charged with a class A drug trafficking offence (which, apart from this subsection, would be triable either way), and

b

the circumstances are such that, if he were convicted of the offence, he could be sentenced for it under subsection (2) above,

the offence shall be triable only on indictment.

5

In this section “class A drug trafficking offence” means a drug trafficking offence committed in respect of a class A drug; and for this purpose—

  • class A drug” has the same meaning as in the M13Misuse of Drugs Act 1971;

  • F6 drug trafficking offence ” means an offence which is specified in—

    1. a

      paragraph 1 of Schedule 2 to the Proceeds of Crime Act 2002 (drug trafficking offences), or

    2. b

      so far as it relates to that paragraph, paragraph 10 of that Schedule.

6

In this section “an appropriate custodial sentence” means—

a

in relation to a person who is 21 or over when convicted of the offence mentioned in subsection (1)(a) above, a sentence of imprisonment;

b

in relation to a person who is under 21 at that time, a sentence of detention in a young offender institution.

111 Minimum of three years for third domestic burglary.

1

This section applies where—

a

a person is convicted of a domestic burglary committed after 30th November 1999;

b

at the time when that burglary was committed, he was 18 or over and had F782 relevant domestic burglary convictions; and

c

one of those other burglaries was committed after he had been convicted of the other, and both of them were committed after F79the relevant date.

C222

The court shall impose an appropriate custodial sentence for a term of at least three years except where the court is of the opinion that there are particular circumstances which—

a

relate to any of the offences or to the offender; and

b

would make it unjust to do so in all the circumstances.

F772A

For the purposes of subsection (1)—

a

a “relevant domestic burglary conviction” means—

i

a conviction in England and Wales of a domestic burglary, or

ii

a conviction in any other part of the United Kingdom or any other member State of an offence which would, if done in England and Wales at the time of the conviction, have constituted domestic burglary;

b

the relevant date”, in relation to a relevant domestic burglary conviction, means—

i

in respect of a conviction in England and Wales, 30 November 1999, and

ii

in any other case, the day on which this subsection comes into force.

F383

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

Where—

a

a person is charged with a domestic burglary which, apart from this subsection, would be triable either way, and

b

the circumstances are such that, if he were convicted of the burglary, he could be sentenced for it under subsection (2) above,

the burglary shall be triable only on indictment.

5

In this section “domestic burglary” means a burglary committed in respect of a building or part of a building which is a dwelling.

6

In this section “an appropriate custodial sentence” means—

a

in relation to a person who is 21 or over when convicted of the offence mentioned in subsection (1)(a) above, a sentence of imprisonment;

b

in relation to a person who is under 21 at that time, a sentence of detention in a young offender institution.

112 Appeals where previous convictions set aside.

1

This section applies where—

a

a sentence has been imposed on any person under subsection (2) of section F39... 110 or 111 above; and

b

any previous conviction of his without which that section would not have applied has been subsequently set aside on appeal.

2

Notwithstanding anything in section 18 of the M14Criminal Appeal Act 1968, notice of appeal against the sentence may be given at any time within 28 days from the date on which the previous conviction was set aside.

113 Certificates of convictions for purposes of Chapter III.

1

Where—

a

on any date after 30th September 1997 a person is convicted in England and Wales of F40... a class A drug trafficking offence, or on any date after 30th November 1999 a person is convicted in England and Wales of a domestic burglary, and

b

the court by or before which he is so convicted states in open court that he has been convicted of such an offence on that date, and

c

that court subsequently certifies that fact,

the certificate shall be evidence, for the purposes of the relevant section of this Chapter, that he was convicted of such an offence on that date.

F801A

Where—

a

a person is convicted—

i

in any part of the United Kingdom other than England and Wales of a class A drug trafficking offence,

ii

in any member State other than the United Kingdom of a corresponding drug trafficking offence, or

iii

in any part of the United Kingdom other than England and Wales, or in any other member State, of a corresponding domestic burglary offence,

b

in the case of a conviction by or before a court in the United Kingdom, it is stated in open court that the person has been convicted of such an offence on that date, and

c

the court by or before which the person is convicted certifies, by way of a certificate signed by the proper officer of the court, the fact that the person has been convicted of such an offence on that date,

the certificate is evidence, for the purposes of the relevant section of this Chapter, that the person was convicted of such an offence on that date.

2

Where—

a

after 30th September 1997 a person is convicted in England and Wales of a class A drug trafficking offence or after 30th November 1999 a person is convicted in England and Wales of a domestic burglary, and

b

the court by or before which he is so convicted states in open court that the offence was committed on a particular day or over, or at some time during, a particular period, and

c

that court subsequently certifies that fact,

the certificate shall be evidence, for the purposes of the relevant section of this Chapter, that the offence was committed on that day or over, or at some time during, that period.

F812A

Where—

a

a person is convicted—

i

in any part of the United Kingdom other than England and Wales of a class A drug trafficking offence,

ii

in any member State other than the United Kingdom of a corresponding drug trafficking offence, or

iii

in any part of the United Kingdom other than England and Wales, or in any other member State, of a corresponding domestic burglary offence,

b

in the case of a conviction by or before a court in the United Kingdom, it is stated in open court that the offence was committed on a particular day or over, or at some time during, a particular period, and

c

the court by or before which the person is convicted certifies, by way of a certificate signed by the proper officer of the court, that the offence was committed on a particular day or over, or at some time during, a particular period,

the certificate is evidence, for the purposes of the relevant section of this Chapter, that the offence was committed on that day or over, or at some time during, that period.

3

In this section—

  • F82proper officer” means the clerk of the court, that clerk's deputy or any other person having custody of the court record;

  • F41... “class A drug trafficking offence” and “domestic burglary” have the same meanings as in sections F41... 110 and 111 respectively; F83...

  • F84corresponding drug trafficking offence” means an offence within section 110(2A)(a)(ii);

  • the relevant section of this Chapter”, in relation to any such offence, shall be construed accordingly.

C8F73114 Offences under service law.

1

Where—

a

a person has at any time been convicted of an offence under section 42 of the Armed Forces Act 2006, and

b

the corresponding offence under the law of England and Wales (within the meaning given by that section) was a class A drug trafficking offence or a domestic burglary,

the relevant section of this Chapter shall have effect as if he had at that time been convicted in England and Wales of that corresponding offence.

F1321A

Where—

a

a person has at any time been found guilty of a member State service offence committed after the relevant date, and

b

the corresponding UK offence was a class A drug trafficking offence or a domestic burglary,

the relevant section of this Chapter and subsection (1) above shall have effect as if the person had at that time been convicted in England and Wales of that corresponding UK offence.

1B

For the purposes of subsection (1A)—

a

member State service offence” means an offence which—

i

was the subject of proceedings under the service law of a member State other than the United Kingdom, and

ii

at the time it was done would have constituted an offence under the law of any part of the United Kingdom, or an offence under section 42 of the Armed Forces Act 2006, if it had been done in any part of the United Kingdom by a member of Her Majesty's forces (“the corresponding UK offence”);

b

relevant date” means—

i

where the corresponding UK offence was a class A drug trafficking offence, the relevant date referred to in section 110(2A)(b), and

ii

where the corresponding UK offence was a domestic burglary, the relevant date referred to in section 111(2A)(b)(ii);

c

Her Majesty's forces” has the same meaning as in the Armed Forces Act 2006;

d

service law”, in relation to a member State other than the United Kingdom, means the law governing all or any of the naval, military or air forces of that State.

2

Subsection (3) of section 113 applies for the purposes of this section as it applies for the purposes of that section.

3

Section 48 of the Armed Forces Act 2006 (attempts, conspiracy, F131encouragement and assistance and aiding and abetting outside England and Wales) applies for the purposes of this section as if the reference in subsection (3)(b) of that section to any of the following provisions of that Act were a reference to this section.

F1334

Where—

a

the corresponding UK offence is an offence under section 42 of the Armed Forces Act 2006 by reason of section 43, 45, 46 or 47 of that Act (attempting, conspiring to commit, inciting, aiding, abetting, counselling or procuring criminal conduct); and

b

the act to which it relates (“the contemplated act”) is not an act that is (or that if done would have been) punishable by the law of England and Wales;

for the purposes of subsections (1A) and (1B) it must be assumed that the contemplated act amounted to the offence under the law of England and Wales that it would have amounted to if it had been the equivalent act in England or Wales.

115 Determination of day when offence committed.

Where an offence is found to have been committed over a period of two or more days, or at some time during a period of two or more days, it shall be taken for the purposes of sections F42... 110 and 111 above to have been committed on the last of those days.

Chapter IVReturn to prison etc. where offence committed during original sentence

F62116 Power to order return to prison etc. where offence committed during original sentence.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F43117 Treatment for purposes of section 116(1) of person serving two or more sentences or extended sentence.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter VSuspended sentences of imprisonment

Suspended sentences of imprisonment

F24118 Suspended sentences of imprisonment.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F24119 Power of court on conviction of further offence to deal with suspended sentence.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F24120 Court by which suspended sentence may be dealt with.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F24121 Procedure where court convicting of further offence does not deal with suspended sentence.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Suspended sentence supervision orders

F24122 Suspended sentence supervision orders.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F24123 Breach of requirement of suspended sentence supervision order.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F24124 Suspended sentence supervision orders: revocation, amendment and cessation.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Suspended sentences: supplementary

F24125 Suspended sentences: supplementary.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .