Powers of Criminal Courts (Sentencing) Act 2000

[F1 104B Interaction of orders under section 104(3)(a) with other sentences E+W

(1) Where a court makes a detention and training order in the case of an offender who is subject to a period of detention under section 104(3)(a) above, the detention and training order takes effect—

(a) at the beginning of the day on which it is made, or

(b) if the court so orders, at the time when the period of detention under section 104(3)(a) above ends.

(2) Where a court orders an offender who is subject to a detention and training order to be subject to a period of detention under section 104(3)(a) above for a failure to comply with requirements under a different detention and training order, the period of detention takes effect as follows—

(a) if the offender has been released by virtue of subsection (2), (3), (4) or (5) of section 102 above, at the beginning of the day on which the order for the period of detention is made, and

(b) if not, either as mentioned in paragraph (a) above or, if the court so orders, at the time when the offender would otherwise be released by virtue of subsection (2), (3), (4) or (5) of section 102 above.

(3) Subject to subsection (4) below, where at any time an offender is subject concurrently—

(a) to a detention and training order, and

(b) to a period of detention under section 104(3)(a) above,

the offender is to be treated for the purposes of sections 102 to 105 of this Act as if the offender were subject only to the detention and training order.

(4) Nothing in subsection (3) above requires the offender to be released in respect of either the order or the period of detention unless and until the offender is required to be released in respect of each of them.

(5) The Secretary of State may by regulations make provision about the interaction between a period of detention under section 104(3)(a) above and a custodial sentence in a case where—

(a) an offender who is subject to such a period of detention becomes subject to a custodial sentence, or

(b) an offender who is subject to a custodial sentence becomes subject to such a period of detention.

(6) The provision that may be made by regulations under subsection (5) above includes—

(a) provision as to the time at which the period of detention under section 104(3)(a) above 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 period of detention 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.

(7) The power of the Secretary of State to make regulations under subsection (5) above—

(a) is exercisable by statutory instrument;

(b) includes power to make supplementary, incidental, transitional, transitory or saving provision.

(8) A statutory instrument containing regulations under subsection (5) above is subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F1 S. 104A - S. 104B inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 80(7), 151(1) (with s. 80(10)(11)); S.I. 2012/2906, art. 2(a)