5The Crime and Disorder Act 1998 has effect subject to the following amendments.
6(1)Section 74 (duties and powers of court in relation to detention and training orders) is amended as follows.
(2)For subsection (2) substitute—
“(2)Subject to subsections (3) and (4A) below, a court making a detention and training order may order that its term shall commence on the expiration of the term of any other detention and training order made by that or any other court.”
(3)After subsection (4) insert—
“(4A)A court making a detention and training order shall not order that its term shall commence on the expiration of the term of a detention and training order under which the period of supervision has already begun (under section 76(1) below).
(4B)Where a detention and training order (“the new order”) is made in respect of an offender who is subject to a detention and training order under which the period of supervision has begun (“the old order”), the old order shall be disregarded in determining—
(a)for the purposes of subsection (3) above whether the effect of the new order would be that the offender would be subject to detention and training orders for a term which exceeds 24 months; and
(b)for the purposes of subsection (4) above whether the term of the detention and training orders to which the offender would (apart from that subsection) be subject exceeds 24 months.”
(4)After subsection (5) insert—
“(5A)Where a court proposes to make detention and training orders in respect of an offender for two or more offences—
(a)subsection (5) above shall not apply, but
(b)in determining the total term of the detention and training orders it proposes to make in respect of the offender, the court shall take account of the total period for which he has been remanded in custody in connection with any of those offences, or any other offence the charge for which was founded on the same facts or evidence.
(5B)Once a period of remand has, under subsection (5) or (5A) above, been taken account of in relation to a detention and training order made in respect of an offender for any offence or offences, it shall not subsequently be taken account of (under either of those subsections) in relation to such an order made in respect of the offender for any other offence or offences.”
(5)In subsection (6), for “The reference in subsection (5) above” substitute “Any reference in subsection (5) or (5A) above”.
(6)In subsection (8), omit “this section or”.
7In section 75(5) (alteration of release of offender subject to detention and training order), for “the youth court” substitute “a youth court”.
8In section 77 (detention and training orders: breach of supervision requirements), after subsection (4) insert—
“(5)An offender may appeal to the Crown Court against any order made under subsection (3)(a) or (b) above.”
9In section 79 (interaction of detention and training order with sentences of detention), after subsection (2) insert—
“(2A)Subsection (1)(a) above has effect subject to section 78(3)(a) above and subsection (2)(a) above has effect subject to section 40(4)(b) of the 1991 Act.”
10(1)Paragraph 3 of Schedule 5 (failure to comply with reparation and action plan orders) is amended as follows.
(2)In sub-paragraph (2)(b), for “youth court” substitute “magistrates' court”.
(3)Omit sub-paragraph (3).
(4)After sub-paragraph (8) insert—
“(9)Where a reparation order or action plan order has been made on appeal, for the purposes of this paragraph it shall be deemed—
(a)if it was made on an appeal brought from a magistrates' court, to have been made by that magistrates' court;
(b)if it was made on an appeal brought from the Crown Court or from the criminal division of the Court of Appeal, to have been made by the Crown Court;
and, in relation to a reparation order or action plan order made on appeal, sub-paragraph (2)(b) above shall have effect as if the words “if the order had not been made” were omitted and sub-paragraph (5) above shall have effect as if the words “if it had not made the order” were omitted.”
11(1)Paragraph 4 of that Schedule (presence of offender in court, remands, etc.) is amended as follows.
(2)In sub-paragraph (5)(b), for “(6)” substitute “(7A)”.
(3)Omit sub-paragraph (6).
(4)In sub-paragraph (7), at the beginning insert “Subject to sub-paragraph (7A) below,”.
(5)After sub-paragraph (7) insert—
“(7A)Where the offender is aged 18 or over at the time when he is brought before a youth court other than the appropriate court under sub-paragraph (4) above, or is aged 18 or over at a time when (apart from this sub-paragraph) the appropriate court could exercise its powers under sub-paragraph (7) above in respect of him, he shall not be remanded to local authority accommodation but may instead be remanded—
(a)to a remand centre, if the court has been notified that such a centre is available for the reception of persons under this sub-paragraph; or
(b)to a prison, if it has not been so notified.”
12Omit paragraph 5(6) of that Schedule.