Part V CUSTODIAL SENTENCES ETC.
C1 Chapter IIDetention and custody of young offenders
Detention and training orders
C3C2106AF1Interaction with sentences of detention
1
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 F9226B 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 F10subsection (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 F5, 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.F4, 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.
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