Sentencing Act 2020

Section 243

SCHEDULE 12 Detention and training order: breach of supervision requirements and further offences

Interpretation

1 In this Schedule—

• “breach”, in relation to a supervision requirement, means a failure to comply with it, and related expressions are to be read accordingly;

• “supervision requirement” means a requirement with which an offender must comply under—

  (a)

  section 242(4)(b), or

  (b)

  paragraph 4(4)(b);

• “further detention order” means an order under paragraph 3(2)(a);

• “further supervision order” means an order under paragraph 3(2)(b).

Breach of supervision requirement: issue of summons or warrant by justice of the peace

2 (1) Sub-paragraph (2) applies where—

(a) a detention and training order, or a further supervision order, is in force in respect of an offender, and

(b) it appears on information to a justice of the peace that the offender has breached any of the supervision requirements imposed under the order.

(2) The justice—

(a) may issue a summons requiring the offender to appear at the place and time specified in the summons, or

(b) if the information is in writing and on oath, may issue a warrant for the offender’s arrest.

(3) Any summons or warrant issued under this paragraph must direct the offender to appear or be brought—

(a) before a youth court acting for the local justice area in which the offender resides, or

(b) if it is not known where the offender resides, before a youth court acting for same local justice area as the justice who issued the summons or warrant.

Power of youth court to deal with offender for breach of supervision requirement

3 (1) Sub-paragraph (2) applies if it is proved to the satisfaction of the youth court before which an offender appears or is brought under paragraph 2 that the offender has breached a supervision requirement imposed under a relevant order.

(2) The court may—

(a) order the offender to be detained for such period, not exceeding the maximum period found under sub-paragraph (3), as the court may specify,

(b) order the offender to be subject to such period of supervision, not exceeding the maximum period found under sub-paragraph (3), as the court may specify, or

(c) impose on the offender a fine not exceeding level 3 on the standard scale.

(3) The maximum period referred to in sub-paragraph (2)(a) and (b) is the shorter of—

(a) 3 months, and

(b) the period between—

(i) the date of the offender’s breach, and

(ii) the last day of the term of the relevant order.

(4) For the purposes of sub-paragraph (3), a breach that is found to have occurred—

(a) over 2 or more days, or

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

is to be taken to have occurred on the first of those days.

(5) A court may make an order under sub-paragraph (2) before or after the end of the term of the relevant order.

(6) A period of detention or supervision ordered under sub-paragraph (2)—

(a) begins with the day on which the order is made, and

(b) may overlap to any extent with the period of supervision under the relevant order.

This is subject to paragraph 5(1) (further detention order made where offender detained under other detention and training order).

(7) An offender detained under a further detention order is deemed to be in legal custody.

(8) Detention under a further detention order is—

(a) if the offender has reached the age of 21, to be in prison,

(b) otherwise, to be in such youth detention accommodation as the Secretary of State may determine.

(9) Where—

(a) the offender is aged under 18, and

(b) but for this sub-paragraph, the court would impose a fine on the offender under sub-paragraph (2)(c),

section 380 (order for payment by parent or guardian) applies to the fine.

(10) A fine imposed under sub-paragraph (2)(c) is to be treated, for the purposes of any enactment, as being a sum adjudged to be paid by a conviction.

(11) An offender may appeal to the Crown Court against any order made under sub-paragraph (2).

(12) In this paragraph—

(a) “relevant order” means—

(i) a detention and training order, or

(ii) a further supervision order;

(b) any reference to the term of a relevant order is—

(i) in the case of a detention and training order, to the term of the order, and

(ii) in the case of a further supervision order, to the period of supervision imposed by the order.

Supervision where order made under paragraph 3(2)(b)

4 (1) This paragraph applies where an offender is subject to a period of supervision by virtue of a further supervision order.

(2) During that period of supervision, the offender—

(a) is to be under the supervision of—

(i) an officer of a provider of probation services, or

(ii) a member of a youth offending team, and

(b) may be required to comply with particular requirements.

(3) Any such requirements, and the category of person to supervise the offender, are to be determined from time to time by the Secretary of State.

(4) The offender must be notified by the Secretary of State of—

(a) the category of person responsible for the offender’s supervision, and

(b) any requirements with which the offender must comply.

(5) A notice under sub-paragraph (4) must be given to the offender—

(a) as soon as reasonably practicable after the further supervision order is made, and

(b) before any change in the matters mentioned in that sub-paragraph.

(6) Where the supervision is to be provided by an officer of a provider of probation services, that officer must be an officer acting in the local justice area within which the offender resides for the time being.

(7) Where the supervision is to be provided by a member of a youth offending team, the member must be a member of a youth offending team established by the local authority in whose area the offender resides for the time being.

Interaction of further detention order with other detention and training orders

5 (1) Where—

(a) a court makes a further detention order for a failure to comply with a supervision requirement under a detention and training order, and

(b) the offender—

(i) is also subject to a different detention and training order which is a relevant detention and training order (see section 248(3)), and

(ii) has not at any time been released for supervision under that other order,

the court may order that the further detention order is to take effect at the time when the offender would otherwise be released for supervision under the relevant detention and training order mentioned in paragraph (b).

(2) Subject to sub-paragraph (3), where at any time an offender is subject concurrently to—

(a) a relevant detention and training order (see section 248(3)), and

(b) a further detention order,

the offender is to be treated for the purposes of sections 241 to 243 and this Schedule as if subject only to the detention and training order.

(3) Nothing in sub-paragraph (2) requires the offender to be released in respect of either the relevant detention and training order or the further detention order unless and until the offender is required to be released in respect of each of them.

Interaction of further detention order with other custodial sentences

6 (1) The Secretary of State may by regulations make provision about the interaction between a further detention order and a custodial sentence where—

(a) an offender who is subject to a further detention order becomes subject to a custodial sentence, or

(b) an offender who is subject to a custodial sentence becomes subject to a further detention order.

(2) The provision that may be made by regulations under this paragraph includes—

(a) provision as to the time at which the further detention order or the custodial sentence is to take effect;

(b) provision for the offender to be treated, for the purposes of the enactments specified in the regulations, as subject only to the further detention order or the custodial sentence;

(c) provision about the effect of enactments relating to the person’s release from detention or imprisonment in a case where that release is not to take effect immediately by virtue of provision in the regulations.

(3) In this paragraph—

• “custodial sentence” includes—

  (a)

  a custodial sentence within the meaning of the Armed Forces Act 2006 (see section 374 of that Act), and

  (b)

  a pre-Code custodial sentence (see section 222(4));

• “further detention order” includes an order made under section 104(3)(a) of the Powers of Criminal Courts (Sentencing) Act 2000.

(4) Regulations under this paragraph are subject to the negative resolution procedure.

Offence after release for supervision or during further supervision period

7 (1) This paragraph applies where an offender commits an imprisonable offence (“the new offence”)—

(a) after having been released for supervision under a detention and training order but before the date on which the term of the order ends, or

(b) during a period of supervision under a further supervision order.

(2) The court which deals with the offender for the new offence may order the offender to be detained for all or part of the period mentioned in sub-paragraph (3).

(3) That period is the period which—

(a) begins with the date of the order under sub-paragraph (2), and

(b) is equal in length to the period between—

(i) the date on which the new offence was committed, and

(ii) the date on which the term of the detention and training order, or the period of supervision, mentioned in sub-paragraph (1) ends.

(4) A court may make an order under sub-paragraph (2) whether or not it passes any other sentence on the offender.

(5) Detention under sub-paragraph (2) is to be in such youth detention accommodation as the Secretary of State may determine.

(6) The period for which an offender is ordered under sub-paragraph (2) to be detained—

(a) must, as the court may direct—

(i) be served before and be followed by, or

(ii) be served concurrently with,

any sentence imposed for the new offence, and

(b) in either case, is to be disregarded in determining the appropriate length of that sentence.

(7) Where the new 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 be taken for the purposes of this paragraph to have been committed on the last of those days.

(8) A person detained under an order under sub-paragraph (2) is deemed to be in legal custody.