Powers of Criminal Courts (Sentencing) Act 2000

[F1 Conversion of sentence of detention to sentence of imprisonment E+W

Textual Amendments

F1 S. 99 and cross-heading substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 236, 336(3)(4); S.I. 2005/950, art. 2(1), Sch. 1 para. 18 (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

99 Conversion of sentence of detention to sentence of imprisonment E+W

(1) Subject to the following provisions of this section, where an offender has been sentenced by a relevant sentence of detention to a term of detention and either—

(a) he has attained the age of 21, or

(b) he has attained the age of 18 and has been reported to the Secretary of State by the [F2 independent monitoring board] of the institution in which he is detained as exercising a bad influence on the other inmates of the institution or as behaving in a disruptive manner to the detriment of those inmates,

the Secretary of State may direct that he shall be treated as if he had been sentenced to imprisonment for the same term.

(2) Where the Secretary of State gives a direction under subsection (1) above in relation to an offender, the portion of the term of detention imposed under the relevant sentence of detention which he has already served shall be deemed to have been a portion of a term of imprisonment.

(3) Where the Secretary of State gives a direction under subsection (1) above in relation to an offender serving a sentence of detention for public protection under section 226 of the Criminal Justice Act 2003 the offender shall be treated as if he had been sentenced under section 225 of that Act; and where the Secretary of State gives such a direction in relation to an offender serving an extended sentence of detention under section 228 of that Act the offender shall be treated as if he had been sentenced under section 227 of that Act.

(4) Rules under section 47 of the Prison Act 1952 may provide that any award for an offence against discipline made in respect of an offender serving a relevant sentence of detention shall continue to have effect after a direction under subsection (1) has been given in relation to him.

(5) In this section “relevant sentence of detention” means—

(a) a sentence of detention under section 90 or 91 above,

[F3 (aa) a sentence of detention under section 209 or 218 of the Armed Forces Act 2006,]

(b) a sentence of detention for public protection under section 226 of the Criminal Justice Act 2003, or

(c) an extended sentence of detention under section 228 of that Act.]

[F4 (6) References in this section to a sentence under section 226 or 228 of the Criminal Justice Act 2003 include such a sentence passed as a result of section 221 or 222 of the Armed Forces Act 2006.]

Textual Amendments

F2 Words in s. 99(1)(b) substituted (1.11.2007) by Offender Management Act 2007 (c. 21), s. 41(1), Sch. 3 para. 9; S.I. 2007/3001, art. 2(1)(r)

F3 S. 99(5)(aa) inserted (28.3.2009 for specified purposes) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 164(a); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

F4 S. 99(6) added (28.3.2009 for specified purposes) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 164(b); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

Modifications etc. (not altering text)

C1 S. 99(5)(aa) modified (24.4.2009 for specified purposes) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), art. 1(3), Sch. 1 para. 45(1)