Valid from 25/08/2000
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 in custody 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 in custody in connection with any of those offences, or any other offence the charge for which was founded on the same facts or evidence.
(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;
(c)remanded or committed to local authority accommodation under section 23 of the M1Children and Young Persons Act 1969 and placed and kept in secure accommodation; or
(d)remanded, admitted or removed to hospital under section 35, 36, 38 or 48 of the M2Mental 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 M3Police and Criminal Evidence Act 1984; and
(b)at any time when he is detained under section 14 of the M4Prevention of Terrorism (Temporary Provisions) Act 1989;
and in that subsection “secure accommodation” has the same meaning as in section 23 of the M5Children and Young Persons Act 1969.
(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.