Crime and Disorder Act 1998

74 Duties and powers of court

(1) On making a detention and training order in a case where subsection (2) of section 73 above applies, it shall be the duty of the court (in addition to the duty imposed by section 1(4) of the 1991 Act) to state in open court that it is of the opinion mentioned in paragraph (a) or, as the case may be, paragraphs (a) and (b)(i) of that subsection.

(2) Subject to subsection (3) below, where—

(a) an offender is convicted of more than one offence for which he is liable to a detention and training order; or

(b) an offender who is subject to a detention and training order is convicted of one or more further offences for which he is liable to such an order,

the court shall have the same power to pass consecutive detention and training orders as if they were sentences of imprisonment.

(3) A court shall not make in respect of an offender a detention and training order the effect of which would be that he would be subject to detention and training orders for a term which exceeds 24 months.

(4) Where the term of the detention and training orders to which an offender would otherwise be subject exceeds 24 months, the excess shall be treated as remitted.

(5) In determining the term of a detention and training order for an offence, the court shall take account of any period for which the offender has been remanded in custody in connection with the offence, or any other offence the charge for which was founded on the same facts or evidence.

(6) The reference in subsection (5) above to an offender being remanded in custody is a reference to his being—

(a) held in police detention;

(b) remanded in or committed to custody by an order of a court;

(c) remanded or committed to local authority accommodation under section 23 of the 1969 Act and placed and kept in secure accommodation; or

(d) remanded, admitted or removed to hospital under section 35, 36, 38 or 48 of the [1983 c. 20.] Mental Health Act 1983.

(7) A person is in police detention for the purposes of subsection (6) above—

(a) at any time when he is in police detention for the purposes of the 1984 Act; and

(b) at any time when he is detained under section 14 of the [1989 c. 4.] Prevention of Terrorism (Temporary Provisions) Act 1989;

and in that subsection “secure accommodation” has the same meaning as in section 23 of the 1969 Act.

(8) For the purpose of any reference in this section or sections 75 to 78 below to the term of a detention and training order, consecutive terms of such orders and terms of such orders which are wholly or partly concurrent shall be treated as a single term if—

(a) the orders were made on the same occasion; or

(b) where they were made on different occasions, the offender has not been released (by virtue of subsection (2), (3), (4) or (5) of section 75 below) at any time during the period beginning with the first and ending with the last of those occasions.