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Powers of Criminal Courts (Sentencing) Act 2000, Section 106A is up to date with all changes known to be in force on or before 11 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)In this section—
“the 2003 Act” means the Criminal Justice Act 2003;
“sentence of detention” means—
[F5and references in this section to a sentence of detention under section [F6226B or] 228 of the 2003 Act include such a sentence passed as a result of section [F7221A or] 222 of the Armed Forces Act 2006.]
(2)Where a court passes a sentence of detention in the case of an offender who is subject to a detention and training order, the sentence shall take effect as follows—
(a)if the offender has at any time been released by virtue of subsection (2), (3), (4) or (5) of section 102 above, at the beginning of the day on which the sentence is passed, 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.
(3)Where a court makes a detention and training order in the case of an offender who is subject to a sentence of detention, the order shall take effect as follows—
(a)if the offender has at any time been released under Chapter 6 of Part 12 of the 2003 Act (release on licence of fixed-term prisoners), at the beginning of the day on which the order 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 under that Chapter.
(4)Where an order under section 102(5) above is made in the case of a person in respect of whom a sentence of detention is to take effect as mentioned in subsection (2)(b) above, the order is to be expressed as an order that the period of detention attributable to the detention and training order is to end at the time determined under section 102(5)(a) or (b) above.
(5)In determining for the purposes of subsection (3)(b) the time when an offender would otherwise be released under Chapter 6 of Part 12 of the 2003 Act, section 246 of that Act (power of Secretary of State to release prisoners on licence before he is required to do so) is to be disregarded.
(6)Where by virtue of subsection (3)(b) above a detention and training order made in the case of a person who is subject to a sentence of detention F8... is to take effect at the time when he would otherwise be released under Chapter 6 of Part 12 of that Act, any direction by the Parole Board under [F9subsection (5)(b) of section 246A or] [F10subsection (4)(b) of section 247A of, or paragraph 15(3) of Schedule 20B to,] that Act in respect of him is to be expressed as a direction that the Board would, but for the detention and training order, have directed his release under that section.
(7)Subject to subsection (9) below, where at any time an offender is subject concurrently—
(a)to a detention and training order, and
(b)to a sentence of detention,
he shall be treated for the purposes of the provisions specified in subsection (8) below as if he were subject only to the sentence of detention.
(8)Those provisions are—
(a)sections 102 to 105 above,
(b)section 92 above [F11, section 235 of the 2003 Act and section 210 of the Armed Forces Act 2006 (place of detention etc),] and
(c)Chapter 6 of Part 12 of the 2003 Act[F12, and
(d)section 214 of the Armed Forces Act 2006 (offences committed during a detention and training order under that Act).]
(9)Nothing in subsection (7) above shall require the offender to be released in respect of either the order or the sentence unless and until he is required to be released in respect of each of them.]
Textual Amendments
F1S. 106A inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 113; S.I. 2005/950, art. 2(1), Sch. 1 para. 42(34) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))
F2Words in s. 106A(1) inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 165(2)(a); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F3Words in s. 106A(1) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 21 para. 14(2); S.I. 2012/2906, art. 2(s)
F4Words in s. 106A(1) substituted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(3), Sch. 4 para. 7(2) (with s. 25(3)(4))
F5Words in s. 106A(1) inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 165(2)(b); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F6Words in s. 106A(1) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 22 para. 16(a); S.I. 2012/2906, art. 2(t)
F7Words in s. 106A(1) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 22 para. 16(b); S.I. 2012/2906, art. 2(t)
F8Words in s. 106A(6) omitted (26.2.2020) by virtue of Terrorist Offenders (Restriction of Early Release) Act 2020 (c. 3), ss. 7(1)(a), 10(4)
F9Words in s. 106A(6) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 21 para. 14(3)(b); S.I. 2012/2906, art. 2(s)
F10Words in s. 106A(6) substituted (26.2.2020) by Terrorist Offenders (Restriction of Early Release) Act 2020 (c. 3), ss. 7(1)(b), 10(4)
F11Words in s. 106A(8)(b) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 165(3)(a); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F12S. 106A(8)(d) and word added (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 165(3)(b); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Modifications etc. (not altering text)
C1S. 106A modified (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 213(1)(2), 383(2); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
C2S. 106A modified (24.4.2009 for specified purposes) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), art. 1(3), Sch. 1 para. 45(2)
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