Crime and Disorder Act 1998

101SIn section 7 of the 1993 Act (children detained in solemn proceedings)—

(a)in subsection (1)(b), at the end there shall be added the words “ unless he has before that time been so released, in relation to that sentence, under any provision of this Act ”;

(b)after that subsection there shall be inserted the following subsections—

(2A)This subsection applies where a child detained under section 208 of the 1995 Act is sentenced, while so detained, to a determinate term of detention in a young offenders institution or imprisonment and, by virtue of section 27(5) of this Act, such terms of detention or imprisonment are treated as single term.

(2B)In a case where subsection (2A) applies and the single term mentioned in that subsection is less than four years, the provisions of this section shall apply.

(2C)In a case where subsection (2A) applies and the single term mentioned in that subsection is of four or more years—

(a)section 6 of this Act shall apply to him as if the single term were an equivalent sentence of detention in a young offenders institution, if that term is served in such an institution; and

(b)the provisions of this Act shall apply to him as if the single term were an equivalent sentence of imprisonment, if that term is served in a remand centre or a prison.;

(c)after subsection (4) there shall be inserted the following subsection—

(4A)Where an order under subsection (3) above is made, the making of the order shall, if there is in force a licence relating to the person in respect of whom the order is made, have the effect of revoking that licence.; and

(d)in subsection (5), after the word “construed” there shall be inserted the words “ and sections 1A and 27 shall apply ”.

Modifications etc. (not altering text)

C1Sch. 8 para. 101(a) restricted (19.9.1998) by S.I. 1998/2327, art.7(3).

Commencement Information

I1Sch. 8 para. 101 wholly in force; Sch. 8 para. 101 not in force at Royal Assent see s. 121; In force at 30.9.1998 by S.I. 1998/2327, art. 2(1)(2) (subject to savings in arts. 5-8)