Powers of Criminal Courts (Sentencing) Act 2000

Conversion of sentence of detention or custody to sentence of imprisonment

99 Conversion of sentence of detention or custody to sentence of imprisonment

(1) Subject to the following provisions of this section, where an offender has been sentenced to a term of detention in a young offender institution 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 board of visitors 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) An offender who by virtue of this section falls to be treated as if he had been sentenced to imprisonment instead of detention in a young offender institution shall not be so treated for the purposes of section 65 of the [1991 c. 53.] Criminal Justice Act 1991 (supervision of young offenders after release).

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

(4) Rules under section 47 of the [1952 c. 52.] Prison Act 1952 may provide that any award for an offence against discipline made in respect of an offender serving a sentence of detention in a young offender institution shall continue to have effect after a direction under subsection (1) above has been given in relation to him.

(5) This section applies to a person—

(a) who is detained under section 90 or 91 above, or

(b) who is serving a sentence of custody for life,

as it applies to a person serving a sentence of detention in a young offender institution.