Crime and Disorder Act 1998

73 Detention and training orders

(1) Subject to section 53 of the 1933 Act, section 8 of the [1982 c. 48.] Criminal Justice Act 1982 (“the 1982 Act”) and subsection (2) below, where—

(a) a child or young person (“the offender”) is convicted of an offence which is punishable with imprisonment in the case of a person aged 21 or over; and

(b) the court is of the opinion that either or both of paragraphs (a) or (b) of subsection (2) of section 1 of the 1991 Act apply or the case falls within subsection (3) of that section,

the sentence that the court is to pass is a detention and training order.

(2) A court shall not make a detention and training order—

(a) in the case of an offender under the age of 15 at the time of the conviction, unless it is of the opinion that he is a persistent offender;

(b) in the case of an offender under the age of 12 at that time, unless—

(i) it is of the opinion that only a custodial sentence would be adequate to protect the public from further offending by him; and

(ii) the offence was committed on or after such date as the Secretary of State may by order appoint.

(3) A detention and training order is an order that the offender in respect of whom it is made shall be subject, for the term specified in the order, to a period of detention and training followed by a period of supervision.

(4) A detention and training order shall be a custodial sentence for the purposes of Part I of the 1991 Act; and the provisions of sections 1 to 4 of that Act shall apply accordingly.

(5) Subject to subsection (6) below, the term of a detention and training order shall be 4, 6, 8, 10, 12, 18 or 24 months.

(6) The term of a detention and training order may not exceed the maximum term of imprisonment that the Crown Court could (in the case of an offender aged 21 or over) impose for the offence.

(7) The following provisions, namely—

(a) section 1B of the 1982 Act (detention in young offender institutions: special provision for offenders under 18); and

(b) sections 1 to 4 of the 1994 Act (secure training orders),

which are superseded by this section and sections 74 to 78 below, shall cease to have effect.