Crime and Disorder Act 1998

Prospective

75 The period of detention and training. E+W

(1) An offender shall serve the period of detention and training under a detention and training order in such secure accommodation as may be determined by the Secretary of State or by such other person as may be authorised by him for that purpose.

(2) Subject to subsections (3) to (5) below, the period of detention and training under a detention and training order shall be one-half of the term of the order.

(3) The Secretary of State may at any time release the offender if he is satisfied that exceptional circumstances exist which justify the offender’s release on compassionate grounds.

(4) The Secretary of State may release the offender—

(a) in the case of an order for a term of 8 months or more but less than 18 months, one month before the half-way point of the term of the order; and

(b) in the case of an order for a term of 18 months or more, one month or two months before that point.

(5) If the youth court so orders on an application made by the Secretary of State for the purpose, the Secretary of State shall release the offender—

(a) in the case of an order for a term of 8 months or more but less than 18 months, one month after the half-way point of the term of the order; and

(b) in the case of an order for a term of 18 months or more, one month or two months after that point.

(6) An offender detained in pursuance of a detention and training order shall be deemed to be in legal custody.

(7) In this section and sections 77 and 78 below “secure accommodation” means—

(a) a secure training centre;

(b) a young offender institution;

(c) accommodation provided by a local authority for the purpose of restricting the liberty of children and young persons;

(d) accommodation provided for that purpose under subsection (5) of section 82 of the 1989 Act (financial support by the Secretary of State); or

(e) such other accommodation provided for the purpose of restricting liberty as the Secretary of State may direct.

Modifications etc. (not altering text)

C1 Ss. 73-79 applied (15.12.1999) by S.I. 1999/3426, art. 4(1)(a)(i)

S. 75 modified (30.6.1999) by S.I. 1999/1748, art. 8(2), Sch. 4 para. 1(1)