Criminal Justice and Public Order Act 1994

Yn ddilys o 01/03/1998

2 Secure training orders: supplementary provisions as to detention. E+W

(1) The following provisions apply in relation to a person (“the offender”) in respect of whom a secure training order (“the order”) has been made under section 1.

(2) Where accommodation for the offender at a secure training centre is not immediately available—

(a) the court may commit the offender to such place and on such conditions—

(i) as the Secretary of State may direct, or

(ii) as the Secretary of State may arrange with a person to whom this sub-paragraph applies,

and for such period (not exceeding 28 days) as the court may specify or until his transfer to a secure training centre, if earlier;

(b) if no such accommodation becomes or will become available before the expiry of the period of the committal the court may, on application, extend the period of committal (subject to the restriction referred to in paragraph (a) above); and

(c) the period of detention in the secure training centre under the order shall be reduced by the period spent by the offender in such a place.

(3) The power conferred by subsection (2)(b) above may, subject to section 1(4), be exercised from time to time and the reference in subsection (2)(b) to the expiry of the period of the committal is, in the case of the initial extension, a reference to the expiry of the period of the committal under subsection (2)(a) above and, in the case of a further extension, a reference to the expiry of the period of the previous committal by virtue of this subsection.

(4) Where the circumstances of the case require, the Secretary of State may transfer the offender from a secure training centre to such other place and on such conditions—

(a) as the Secretary of State may direct, or

(b) as the Secretary of State may arrange with a person to whom this paragraph applies;

and the period of detention in the secure training centre under the order shall be reduced by the period spent by the offender in such a place.

(5) The persons to whom subsections (2)(a)(ii) and (4)(b) apply are local authorities, voluntary organisations and persons carrying on a registered childrens’ home.

(6) Where the Secretary of State is satisfied that exceptional circumstances exist which justify the offender’s release on compassionate grounds he may release the offender from the secure training centre; and the offender shall, on his release, be subject to supervision for the remainder of the term of the order.

(7) A person detained in pursuance of directions or arrangements made for his detention shall be deemed to be in legal custody.

(8) In this section “local authority”, “voluntary organisation” and “registered childrens’ home” have the same meaning as in the M1 Children Act 1989.

Modifications etc. (not altering text)

C1 S. 2: power to modify conferred (1.8.1998) by 1998 c. 37, s. 116(2) (with Sch. 9); S.I. 1998/1883, art. 2

C2 Ss. 1-4 excluded (15.12.1999) by S.I. 1999/3426, art. 4(1)(b)

Commencement Information

I1 S. 2 modified (temp. from 12.8.1998) by S.I. 1998/1928, art. 3

Marginal Citations

M1 1989 c. 41.