(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 75 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 that subsection.
(2)Where a court makes a detention and training order in the case of an offender who is subject to a sentence of detention in a young offender institution, the order shall take effect as follows—
(a)if the offender has been released under Part II of the 1991 Act, at the beginning of the day on which it is made;
(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 Part.
[F1(2A)Subsection (1)(a) above has effect subject to section 78(3)(a) above and subsection (2)(a) above has effect subject to section 40(4)(b) of the 1991 Act.]
(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 sentence of detention in a young offender institution,
he shall be treated for the purposes of sections 75 to 78 above, section 1C of the 1982 Act and Part II of the 1991 Act as if he were subject only to the one of them that was imposed on the later occasion.
(4)Nothing in subsection (3) 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.
(5)Where, by virtue of any enactment giving a court power to deal with a person in a manner 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
F1S. 79(2A) inserted (1.1.2000) by 1999 c. 23, s. 67(2), Sch. 5 paras. 5, 9 (with Sch. 7 paras. 3(3), 5(2); S.I. 1999/3427, art. 2
Modifications etc. (not altering text)
C1Ss. 73-79 applied (15.12.1999) by S.I. 1999/3426, art. 4(1)(a)(i)