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Part VE+W CUSTODIAL SENTENCES ETC.

Chapter IIE+WDetention and custody of young offenders

Modifications etc. (not altering text)

C1Pt. 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

Detention and training ordersE+W

100 Offenders under 18: detention and training orders.E+W

(1)[F1Subject to sections 90 and 91 above, sections 226 and [F2226B] 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

[F3(b)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.

[F4(1A)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.

F5(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Words in s. 100(1) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 111(2)(a); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(34) (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))

F3S. 100(1)(b) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 111(2)(b); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(34) (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))

F5S. 100(4) repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 111(3), Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 paras. 42(34)44(4)(r) (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))

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

(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.

(3)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.

(4)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.

(5)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.

(6)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).

(7)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.

(8)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 [F6—

(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.

(9)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 [F7as 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.

(10)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.

(11)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;

[F8(c)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 M1Mental Health Act 1983.

(12)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 M2Police and Criminal Evidence Act 1984; and

(b)at any time when he is detained under [F9section 41 of the Terrorism Act 2000];

F10...

[F11(12A)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 [F12the reference in subsection (2A) of that section to section 240ZA] being read as a reference to subsection (8) above.]

(13)For the purpose of any reference in sections 102 to 105 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.

Textual Amendments

F9Words in s. 101(12)(b) substituted (19.2.2001) by 2000 c. 11, s. 125(1), Sch. 15 para. 20(3); S.I. 2001/421, art. 2

Modifications etc. (not altering text)

C2S. 101(3)-(10) modified (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 213(1)(2), 383(2); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

C3S. 101(3)-(7) applied (with modifications) (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(3), 87(2)-(5)

C4S. 101(8) modified (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), ss. 213(3), 383(2); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

C5S. 101(9) modified (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), ss. 213(3), 383(2); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

C6S. 101(11) excluded (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), ss. 213(3), 383(2); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

C7S. 101(12) excluded (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), ss. 213(3), 383(2); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

C8S. 101(13) applied (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), ss. 215(1), 383(2) (with s. 385); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

C9S. 101(13) modified (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 213(1)(2), 383(2); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Marginal Citations

102 The period of detention and training.E+W

(1)An offender shall serve the period of detention and training under a detention and training order in such [F13youth detention] accommodation as may be determined by the Secretary of State F14....

(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, [F15at 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, [F16at 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.

Textual Amendments

F14Words in s. 102(1) omitted (1.11.2007) by virtue of Offender Management Act 2007 (c. 21), ss. 34(2)(b), 41(1); S.I. 2007/3001, art. 2(1)(k)

F15Words in s. 102(4)(a) substituted (1.11.2007) by Offender Management Act 2007 (c. 21), ss. 33(1)(a), 41(1) (with s. 33(2)); S.I. 2007/3001, art. 2(1)(j)

F16Words in s. 102(4)(b) substituted (1.11.2007) by Offender Management Act 2007 (c. 21), ss. 33(1)(b), 41(1) (with s. 33(2)); S.I. 2007/3001, art. 2(1)(j)

Modifications etc. (not altering text)

C10Ss. 102-105 modified (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), ss. 213(1), 383(2); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

103 The period of supervision.E+W

(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)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.

(3)During the period of supervision, the offender shall be under the supervision of—

(a)[F17an officer of a local probation board] [F18or an officer of a provider of probation services] ;

(b)a social worker of a local authority F19...; or

(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 [F17an officer of a local probation board], [F17the officer of a local probation board] shall be an officer appointed for or assigned to the [F20local justice area] within which the offender resides for the time being.

[F21(4A)Where the supervision is to be provided by an officer of a provider of probation services, the officer of a provider of probation services shall be an officer acting in the local justice area within which the offender resides for the time being.]

(5)Where the supervision is to be provided by—

(a)a social worker of a local authority F22..., or

(b)a member of a youth offending team,

the social worker or member shall be a social worker of, or 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.

Textual Amendments

F17Words in s. 103(3)(a)(4) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 4(1)(2); S.I. 2001/919, art. 2(f)(i)

F19Words in s. 103(3)(b) repealed (1.4.2005 for E., 1.4.2006 for W.) by Children Act 2004 (c. 31), Sch. 5 Pt. 4; S.I. 2005/394, art. 2(2)(g); S.I. 2006/885, art. 2(h)

F22Words in s. 103(5)(a) repealed (1.4.2005 for E., 1.4.2006 for W.) by Children Act 2004 (c. 31), Sch. 5 Pt. 4; S.I. 2005/394, art. 2(2)(g); S.I. 2006/885, art. 2(h)

Modifications etc. (not altering text)

C10Ss. 102-105 modified (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), ss. 213(1), 383(2); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

104 Breach of supervision requirements.E+W

(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 F23... 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 F24... or

(b)if the information is in writing and on oath, may issue a warrant for the offender’s arrest F25....

[F26(2)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—

[F27(a)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.

[F28(3A)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.

[F29(4A)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.

[F30(5A)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) [F31, (aa)] or (b) above.

Textual Amendments

F26S. 104(2) substituted (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), s. 60, Sch. 5 para. 2(3) (as amended (1.4.2005) by S.I. 2005/886, Sch. para. 113(a)(ii)); S.I. 2005/579, art. 3(d)

Modifications etc. (not altering text)

C10Ss. 102-105 modified (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), ss. 213(1), 383(2); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

[F32104AApplication of sections 103 to 105 in relation to orders under section 104(3)(aa)E+W

(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.

Textual Amendments

104BInteraction of orders under section 104(3)(a) with other sentencesE+W

(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.]

Textual Amendments

105 Offences during currency of order.E+W

(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 [F33youth 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 [F34youth 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.

Textual Amendments

F33Words in s. 105(2) substituted (1.11.2007) by Offender Management Act 2007 (c. 21), ss. 34(4), 41(1); S.I. 2007/3001, art. 2(1)(k)

F34Words in s. 105(3) substituted (1.11.2007) by Offender Management Act 2007 (c. 21), ss. 34(4), 41(1); S.I. 2007/3001, art. 2(1)(k)

Modifications etc. (not altering text)

C10Ss. 102-105 modified (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), ss. 213(1), 383(2); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

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

(1)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.

F35(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F35(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 Part II of the M3Criminal Justice Act 1991 (early release) 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.

Textual Amendments

F35S. 106(2)(3) repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 112, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 42(34) (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))

Modifications etc. (not altering text)

C12S. 106(1) modified (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), art. 1(3), Sch. 2 para. 10

Marginal Citations

[F36106AInteraction with sentences of detentionE+W

(1)In this section—

[F39and references in this section to a sentence of detention under section [F40226B or] 228 of the 2003 Act include such a sentence passed as a result of section [F41221A 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 [F42226B 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 [F43subsection (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 [F44, 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.[F45, 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.]

Textual Amendments

F36S. 106A inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 113; S.I. 2005/950, art. 2(1), Sch. 1 para. 42(34) (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))

F37Words in s. 106A(1) inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 165(2)(a); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F39Words in s. 106A(1) inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 165(2)(b); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F44Words in s. 106A(8)(b) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 165(3)(a); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F45S. 106A(8)(d) and word added (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 165(3)(b); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Modifications etc. (not altering text)

C13S. 106A modified (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 213(1)(2), 383(2); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

107 Meaning of “ [F46youth detention] accommodation” and references to terms.E+W

(1)In sections 102, 104 and 105 above [F47“ youth detention accommodation ”] means—

(a)a secure training centre;

(b)a young offender institution;

(c)accommodation provided by [F48or 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 M4Children Act 1989 (financial support by the Secretary of State); or

[F49(e)such other accommodation or descriptions of accommodation as the Secretary of State may by order specify.]

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

Textual Amendments

F46Words in s. 107 heading heading substituted (1.11.2007) by Offender Management Act 2007 (c. 21), ss. 34(5), 41(1); S.I. 2007/3001, art. 2(1)(k)

Modifications etc. (not altering text)

C15S. 107 modified (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), ss. 213(1), 383(2); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Marginal Citations