Criminal Justice Act 2003

[F1 264AA Consecutive terms: detention and training orders E+W

(1) This section applies where, by virtue of section 237(4) of the Sentencing Code or section 106A(3)(b) of the Powers of Criminal Courts (Sentencing) Act 2000, a detention and training order made in the case of a person (“the offender”) who is subject to a relevant sentence of detention is to take effect at the time when the offender would otherwise be released under this Chapter.

[F2 (1A) In a case where the detention and training order was made on or after the day on which section 159 of the Police, Crime, Sentencing and Courts Act 2022 came into force, section 246(1)(a) is to be read as if, instead of conferring a power to release the offender, it conferred a power to determine that the Secretary of State would, but for the detention and training order, have directed the offender’s release under that section.]

(2) Any direction in respect of the offender by the Parole Board under—

(a) subsection (5)(b) of section 246A,

(b) subsection (4)(b) of section 247A, or

(c) sub-paragraph (3) of paragraph 15 of Schedule 20B,

is to be expressed as a direction that the Board would, but for the detention and training order, have directed the offender's release under that section [F3 or paragraph].

(3) In this section—

(a) references to a detention and training order include an order made under section 211 of the Armed Forces Act 2006, and

(b) “relevant sentence of detention” has the meaning given by section 248(4) of the Sentencing Code.]

Textual Amendments

F1 S. 264AA inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 237 (with Sch. 27); S.I. 2020/1236, reg. 2

F2 S. 264AA(1A) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 159(3), 208(5)(t)

F3 Words in s. 264AA(2) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 45(5)