Sentencing Act 2020

244 Offender subject concurrently to detention and training order and sentence of detention in a young offender institution

(1) This section applies where an offender is subject concurrently—

(a) to a relevant detention and training order (see section 248), and

(b) to a sentence of detention in a young offender institution,

at least one of which is imposed in respect of an offence of which the offender was convicted on or after the commencement date.

(2) The offender is to be treated for the purposes of the following provisions as if subject only to the sentence of detention in a young offender institution—

(a) sections 241 to 243 and Schedule 12 (periods of detention and training and supervision, breach of supervision requirements and further offences);

(b) section 271 (detention in a young offender institution: place of detention);

(c) Chapter 6 of Part 12 of the Criminal Justice Act 2003 (release, licences, supervision and recall).

This is subject to subsection (3).

(3) Nothing in subsection (2) requires the offender to be released in respect of either the order or the sentence unless and until the offender is required to be released in respect of each of them.

(4) In subsection (1), “sentence of detention in a young offender institution” includes any sentence of detention in a young offender institution, whether imposed under this Code or otherwise.

(5) Subsection (2) has effect in relation to an order or sentence imposed in respect of an offence of which the offender was convicted before the commencement date as if the provisions referred to in paragraphs (a) to (c) included the provisions referred to in section 106(4) of the Powers of Criminal Courts (Sentencing) Act 2000 (interaction of detention and training orders with sentences of detention in a young offender institution).