10(1)Where under section 23(1)(a) or (b) of the M1Powers of Criminal Courts Act 1973 a court orders that a suspended sentence shall take effect and the offender has not attained the age of 21 at the time when the order is made, the order shall be treated for all purposes as a detention centre order or a youth custody sentence.E+W
(2)The question whether an order under sub-paragraph (1) above is to be treated as a detention centre or a youth custody sentence shall be determined—
(a)by reference to the length of the term which the offender is required to serve under that order; or
(b)where the offender is subject to any other term with which that term is wholly or partly concurrent or upon which that term is ordered under section 23(2) of the Powers of Criminal Courts Act 1973 to run consecutively, by reference to the total length of the term which he is required to serve.
(3)Sections 1 to 15 above shall have effect for the purposes of this paragraph as they have effect when an offender falls to be sentenced for an offence.
Marginal Citations