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Powers of Criminal Courts (Sentencing) Act 2000

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Powers of Criminal Courts (Sentencing) Act 2000, Section 102 is up to date with all changes known to be in force on or before 24 August 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes and effects yet to be applied to Section 102:

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

  • s. 12(1A)(g) inserted by 2019 c. 17 s. 13(6)
  • s. 41(9A) inserted by 2000 c. 43 Sch. 7 para. 165(b) (This amendment not applied to legislation.gov.uk. Sch. 7 para. 165 repealed (4.4.2005) without ever being in force by 2003 c. 44, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(t))
  • s. 41(12) inserted by 2000 c. 43 Sch. 7 para. 165(c) (This amendment not applied to legislation.gov.uk. Sch. 7 para. 165 repealed (4.4.2005) without ever being in force by 2003 c. 44, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(t))
  • s. 58(2) inserted by 2000 c. 43 Sch. 7 para. 172 (This amendment not applied to legislation.gov.uk. Sch. 7 para. 172 repealed (4.4.2005) without ever being in force by 2003 c. 44, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(t))
  • s. 82A(3A)-(3C) inserted by 2008 c. 4 s. 19(3)
  • s. 83(2)(aa) substituted for s. 83(2)(b)(c) by 2000 c. 43 Sch. 7 para. 178
  • s. 101(2A) inserted by 2003 c. 44 s. 298(3)
  • s. 147A(6)(a) words substituted by 2012 c. 10 Sch. 13 para. 12(b)
  • s. 147A(6)(b) words inserted by 2012 c. 10 Sch. 13 para. 12(c)
  • Sch. 2 para. 8 and cross-heading inserted by 2000 c. 43 s. 51 (This amendment not applied to legislation.gov.uk. S. 51 repealed (4.4.2005) without ever being in force by 2003 c. 44, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(t))
  • Sch. 3 para. 6A and cross-heading inserted by 2000 c. 43 Sch. 7 para. 199(9) (This amendment not applied to legislation.gov.uk. Sch. 7 para. 199(9) repealed (4.4.2005) without ever being in force by 2003 c. 44, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(t))
  • Sch. 3 para. 26 inserted by 2000 c. 43 Sch. 7 para. 199(26) (This amendment not applied to legislation.gov.uk. Sch. 7 para. 199(26) repealed (4.4.2005) without ever being in force by 2003 c. 44, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(t))
  • Sch. 3 para. 4(4A) inserted by 2004 c. 28 Sch. 5 para. 5(4) (Effect not applied as it relates to a version of Sch. 3 para. 4 prospectively substituted but not brought into force)
  • Sch. 3 para. 7(4)-(7) substituted for Sch. 3 para. 7(4)-(6) by 2000 c. 43 Sch. 7 para. 199(10)(c) (This amendment not applied to legislation.gov.uk. Sch. 7 para. 199(10)(c) repealed (4.4.2005) without ever being in force by 2003 c. 44, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(t))
  • Sch. 10 para. 12(2)(e)(f) inserted by 2000 c. 43 Sch. 7 para. 204 (This amendment not applied to legislation.gov.uk. Sch. 7 para. 204 repealed (30.11.2009) without ever being in force by 2008 c. 4, Sch. 28 Pt. 1; S.I. 2009/3074, art. 2(u)(xxix))
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 [F1youth detention] accommodation as may be determined by the Secretary of State F2....

(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, [F3at 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, [F4at 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

F1Words in s. 102(1) substituted (1.11.2007) by Offender Management Act 2007 (c. 21), ss. 34(2)(a), 41(1); S.I. 2007/3001, art. 2(1)(k)

F2Words 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)

F3Words 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)

F4Words 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)

C1Ss. 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

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