Sentencing Act 2020

Detention for specified period E+W

249 Sentence of detention under section 250: availability E+W

(1) A sentence of detention under section 250 is available where a person aged under 18 is convicted on indictment of an offence listed in the following table—

Offences punishable with imprisonment for at least 14 years
(a)	an offence which— (i) is not an offence for which the sentence is fixed by law, and (ii) is punishable in the case of a person aged 21 or over with imprisonment for 14 years or more;
Sexual offences
(b)	an offence under any of the following provisions of the Sexual Offences Act 2003— (i) section 3 (sexual assault); (ii) section 13 (child sex offences committed by children or young persons); (iii) section 25 (sexual activity with a child family member); (iv) section 26 (inciting a child family member to engage in sexual activity);
Offences related to firearms
(c)	an offence (other than one within paragraph (a)) which— (i) is listed in Schedule 20 (firearms offences to which minimum sentence applies), and (ii) was committed when the offender was aged 16 or over.

(2) For circumstances in which a court is required to impose a sentence of detention under section 250, see—

(a) section 258 (required sentence of detention for life);

(b) section 311 (minimum sentence for certain offences involving firearms that are prohibited weapons).

(3) Where an offence is found to have been committed—

(a) over a period of 2 or more days, or

(b) at some time during a period of 2 or more days,

it is to be taken for the purposes of paragraph (c)(ii) of the table in subsection (1) to have been committed on the last of those days.

Modifications etc. (not altering text)

C1 S. 249: power to exclude conferred by 1988 c. 45, s. 1(4B) (as inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 94(3) (with Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I1 S. 249 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

250 Sentence of detention: offender convicted of certain serious offences E+W

A sentence of detention under this section is a sentence requiring the offender to be detained for the period specified in the sentence.

Commencement Information

I2 S. 250 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

251 Exercise of power to impose sentence of detention under section 250 E+W

(1) Subsection (2) applies where a sentence of detention under section 250 is available by virtue of section 249(1).

(2) The court may impose such a sentence if it is of the opinion that neither a youth rehabilitation order nor a detention and training order is suitable.

(3) This is subject to (in particular) section 230 (threshold for imposing discretionary custodial sentence) and section 231 (length of discretionary custodial sentences: general provision).

Commencement Information

I3 S. 251 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

252 Maximum sentence E+W

(1) This section applies where the court imposes a sentence of detention under section 250 by virtue of—

(a) section 251, or

(b) section 311 (minimum sentence for certain offences involving firearms that are prohibited weapons).

(2) The period of detention specified in the sentence must not exceed—

(a) the maximum term of imprisonment with which the offence is punishable in the case of a person aged 21 or over, or

(b) life, if the offence is punishable with imprisonment for life in the case of a person aged 21 or over.

Commencement Information

I4 S. 252 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

253 Sentence of detention passed on offender subject to detention and training order E+W

(1) This section applies where a court imposes a sentence of detention under section 250 in the case of an offender who is subject to a relevant detention and training order.

(2) If the offender has not at any time been released for supervision under the relevant detention and training order, the court may order that the sentence of detention is to take effect at the time when the offender would otherwise be released for supervision under the relevant detention and training order (see section 248(5)).

(3) Otherwise, the sentence of detention takes effect at the beginning of the day on which it is passed.

(4) In this section “relevant detention and training order” means—

(a) a detention and training order under section 233,

(b) an order under section 211 of the Armed Forces Act 2006 (corresponding order under that Act), or

(c) an order under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention and training order: offender convicted before the commencement of this Act).

Modifications etc. (not altering text)

C2 S. 253 modified by 2006 c. 52, s. 213(3A) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 33(2) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C3 S. 253 modified by 2006 c. 52, s. 213(2)(c) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 33(2) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I5 S. 253 in force at 1.12.2020 by S.I. 2020/1236, reg. 2