Sentencing Act 2020

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

(1) This section applies where a court has passed a relevant custodial sentence sentencing an offender to a term of detention and the offender—

(a) has reached the age of 21, or

(b) has reached the age of 18 and has been reported to the Secretary of State by the independent monitoring board of the institution in which the offender is detained as—

(i) exercising a bad influence on the other inmates of the institution, or

(ii) behaving in a disruptive manner to the detriment of those inmates.

(2) The Secretary of State may direct that the offender is to be treated as if sentenced to imprisonment for the same term.

This is subject to the following provisions of this section.

Effect of direction

(3) Subsections [F1 (4) to] [F2 (5A)] apply where the Secretary of State gives a direction under subsection (2) in relation to the offender.

(4) The portion of the term of detention imposed under the relevant custodial sentence which the offender has already served is to be deemed to have been a portion of a term of imprisonment.

[F3 (4A) If the relevant custodial sentence is—

(a) a sentence of detention under section 252A, or

(b) a sentence of detention in a young offender institution under section 265,

the offender is to be treated as if sentenced to a sentence of imprisonment under section 278.]

(5) If the relevant custodial sentence is—

(a) an extended sentence of detention under section 254, or

(b) an extended sentence of detention in a young offender institution,

the offender is to be treated as if sentenced to an extended sentence of imprisonment under section 279.

[F4 (5A) If the relevant custodial sentence is a serious terrorism sentence of detention in a young offender institution, the offender is to be treated as if sentenced to a serious terrorism sentence of imprisonment under section 282A.]

(6) 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 custodial sentence is to continue to have effect after a direction under subsection (2) has been given in relation to the offender.

“Relevant custodial sentence”

(7) In this section “relevant custodial sentence” means any of the following—

(a) a sentence of detention under section 250 (including one imposed under section 258 [F5 or 258A] (detention for life));

[F6 (aa) a sentence of detention under section 252A;]

(b) an extended sentence of detention under section 254;

(c) a sentence of detention during Her Majesty's pleasure (see section 259);

(d) a sentence of detention in a young offender institution;

(e) an extended sentence of detention in a young offender institution (see section 266);

[F7 (ea) a serious terrorism sentence of detention in a young offender institution (see section 268A);]

(f) a sentence of custody for life (see sections 272 and 275).

Textual Amendments

F1 Words in s. 329(3) substituted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 26(25)(a)

F2 Word in s. 329(3) substituted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(16)(a)

F3 S. 329(4A) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 26(25)(b)

F4 S. 329(5A) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(16)(b)

F5 Words in s. 329(7)(a) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 3(12), 208(5)(b)

F6 S. 329(7)(aa) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 26(25)(c)

F7 S. 329(7)(ea) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(16)(c)

Modifications etc. (not altering text)

C1 S. 329 modified by 2006 c. 52, s. 262A (as inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 62 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I1 S. 329 in force at 1.12.2020 by S.I. 2020/1236, reg. 2