Sentencing Act 2020 (c. 17)

THIRD GROUP OF PARTSU.K.Disposals

PART 10U.K.Custodial sentences

CHAPTER 9E+WSentence administration

Conversion of sentence of detention or custody to sentence of imprisonmentE+W

329Conversion of sentence of detention to sentence of imprisonmentE+W

(1)This section applies where a court has passed a relevant custodial sentence sentencing an offender to a term of detention and the offender—

(a)has reached the age of 21, or

(b)has reached the age of 18 and has been reported to the Secretary of State by the independent monitoring board of the institution in which the offender is detained as—

(i)exercising a bad influence on the other inmates of the institution, or

(ii)behaving in a disruptive manner to the detriment of those inmates.

(2)The Secretary of State may direct that the offender is to be treated as if sentenced to imprisonment for the same term.

This is subject to the following provisions of this section.

Effect of direction

(3)Subsections [F1(4) to] [F2 (5A)] apply where the Secretary of State gives a direction under subsection (2) in relation to the offender.

(4)The portion of the term of detention imposed under the relevant custodial sentence which the offender has already served is to be deemed to have been a portion of a term of imprisonment.

[F3(4A)If the relevant custodial sentence is—

(a)a sentence of detention under section 252A, or

(b)a sentence of detention in a young offender institution under section 265,

the offender is to be treated as if sentenced to a sentence of imprisonment under section 278.]

(5)If the relevant custodial sentence is—

(a)an extended sentence of detention under section 254, or

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

the offender is to be treated as if sentenced to an extended sentence of imprisonment under section 279.

[F4(5A)If the relevant custodial sentence is a serious terrorism sentence of detention in a young offender institution, the offender is to be treated as if sentenced to a serious terrorism sentence of imprisonment under section 282A.]

(6)Rules under section 47 of the Prison Act 1952 may provide that any award for an offence against discipline made in respect of an offender serving a relevant custodial sentence is to continue to have effect after a direction under subsection (2) has been given in relation to the offender.