THIRD GROUP OF PARTSDisposals
PART 10Custodial sentences
CHAPTER 2Offenders aged under 18
Detention and training orders
I1233Detention and training order
A detention and training order in respect of an offender is an order that the offender is subject, for the term specified in the order, to a period of detention and training followed by a period of supervision.
I2234Detention and training order: availability
1
A detention and training order is available where a court is dealing with an offender for an offence if—
a
the offender is aged under 18, but at least 12, when convicted,
b
the offence is an imprisonable offence, and
c
the court is not required to pass—
i
a sentence of detention under section 250 (see section 249(2)), or
ii
a sentence of detention during Her Majesty's pleasure under section 259.
2
For circumstances in which the court is required to impose a detention and training order, see—
a
section 312 (minimum sentence for offences of threatening with weapon or bladed article);
b
section 315 (minimum sentence for repeat offence involving weapon or bladed article).
I3235Exercise of power to make a detention and training order
1
This section applies where a detention and training order is available.
2
The court may not make a detention and training order if it imposes—
a
a sentence of detention under section 250, or
b
an extended sentence of detention under section 254,
in respect of the offence.
3
If the offender is aged under 15 when convicted the court may not make a detention and training order unless it is of the opinion that the offender is a persistent offender.
4
The court's power to make a detention and training order is subject to (in particular) section 230 (threshold for imposing discretionary custodial sentence).
I4236Term of detention and training order
1
The term of a detention and training order made in respect of an offence (whether by a magistrates' court or otherwise) must be 4, 6, 8, 10, 12, 18 or 24 months.
This is subject to subsection (2).
2
The term of a detention and training order in respect of an offence may not exceed—
a
in the case of a summary offence, the maximum sentence of imprisonment that could be imposed (in the case of an offender aged 21 or over) for the offence;
b
in the case of any other offence, the maximum term of imprisonment that the Crown Court could impose (in the case of an offender aged 21 or over) for the offence.
3
Section 231 (length of discretionary custodial sentences: general provision), in particular, applies in determining the term of a detention and training order.
4
A detention and training order takes effect at the beginning of the day on which it is made, unless the court orders otherwise under section 237.
I5C1C2237Making of order where offender subject to other order or sentence of detention
1
This section applies where a court makes a detention and training order.
2
The court may order that the term of the detention and training order is to take effect on the expiry of any other detention and training order which it imposes on the same occasion.
This is subject to section 238(1).
3
If the offender—
a
is subject to another relevant detention and training order (“the existing order”), and
b
has not at any time been released for supervision under the existing order,
the court may order that the detention and training order is to take effect on the expiry of the existing order.
This is subject to section 238(1).
4
If the offender—
a
is subject to a relevant sentence of detention (see section 248), and
b
has not at any time been released under Chapter 6 of Part 12 of the Criminal Justice Act 2003 (release on licence of fixed-term prisoners),
the court may order that the detention and training order is to take effect at the time when the offender would otherwise be released under that Chapter.
5
Section 246 of that Act (power of Secretary of State to release prisoners on licence earlier than required to do so) is to be disregarded in determining for this purpose when an offender would otherwise be released under that Chapter.
6
If the offender is subject to a further period of detention imposed—
a
under paragraph 3(2)(a) of Schedule 12 (breach of supervision requirement of existing detention and training order),
b
under section 104(3)(a) of the Powers of Criminal Courts (Sentencing) Act 2000, or
c
under either of those provisions by virtue section 213 of the Armed Forces Act 2006,
the court may order that the detention and training order is to take effect at the end of the further period of detention.
I6C1C2238Offender subject to more than one order: maximum overall term
1
A court may not make a detention and training order as a result of which the offender would be subject to relevant detention and training orders for a term exceeding 24 months.
2
Where—
a
a court makes a detention and training order, and
b
the term of the relevant detention and training orders to which the offender would otherwise be subject exceeds 24 months,
the excess is to be treated as remitted.
C173
Where—
a
a court makes a detention and training order, and
b
as a result the offender is subject to two or more relevant detention and training orders,
the terms of those orders are to be treated for the purposes of sections 241 to 243 and 247 and Schedule 12 as a single term.
4
See section 248 for the meaning of “relevant detention and training order”.
I7C1C14C2239Period on remand etc: effect on term of detention and training order
1
Subsection (2) applies where—
a
a court proposes to make a detention and training order in respect of an offence, and
b
the offender has been remanded—
i
in custody, or
ii
on bail subject to a qualifying curfew condition and an electronic monitoring condition,
in connection with the offence or any other offence the charge for which was founded on the same facts or evidence.
2
In determining the term of the detention and training order, the court must take account of the period for which the offender was so remanded.
3
If the court proposes to make two or more detention and training orders in respect of two or more offences—
a
subsection (2) does not apply, but
b
in determining the total term of those detention and training orders, the court must take account of the total period for which the offender has been remanded as mentioned in subsection (1)(b)(i) and (ii) in connection with—
i
any of those offences, or
ii
any other offence the charge for which was founded on the same facts or evidence.
4
A period of remand may be taken account of under this section only once.
5
For the purposes of this section, an offender is remanded in custody when—
a
in police detention for the purposes of the Police and Criminal Evidence Act 1984,
b
detained under section 41 of the Terrorism Act 2000 (arrest without warrant),
c
remanded in or committed to custody by an order of a court,
d
remanded to youth detention accommodation under section 91(4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, or
e
remanded, admitted or removed to hospital under section 35, 36, 38 or 48 of the Mental Health Act 1983.
6
For the purposes of this section, “qualifying curfew condition” and “electronic monitoring condition” have the same meanings as in section 325 (direction for time on bail under certain conditions to count as time served): see section 326(3).
I8C1C2240Period of custody awaiting extradition: effect on term of detention and training order
1
This section applies where—
a
a court proposes to make a detention and training order in respect of an offence,
b
the offender was tried for the offence, or is to be sentenced—
i
after having been extradited to the United Kingdom, and
ii
without having first been restored or had an opportunity of leaving the United Kingdom, and
c
the offender was kept in custody for any period while awaiting extradition to the United Kingdom.
2
The court must—
a
specify in open court the number of days for which the offender was kept in custody while awaiting extradition, and
b
take account of those days in determining the term of the detention and training order.
I9C1C5C8241The period of detention and training
1
An offender must serve the period of detention and training under a detention and training order in such youth detention accommodation as may be determined by the Secretary of State.
2Release at half-way point
Subject to subsections (3) to (5), the period of detention and training under a detention and training order is half of the term of the order.
3Early release on compassionate grounds
The Secretary of State may release the offender at any time if satisfied that exceptional circumstances exist which justify the offender's release on compassionate grounds.
4Release before half-way point
The Secretary of State may release the offender—
a
in the case of an order for a term of—
i
8 months or more, but
ii
less than 18 months,
at any time during the period of 1 month ending with the half-way point of the term of the order, and
b
in the case of an order for a term of 18 months or more, at any time during the period of 2 months ending with that point.
Release after half-way point
5
If a youth court so orders on an application made by the Secretary of State for the purpose, the Secretary of State must release the offender—
a
in the case of an order for a term of—
i
8 months or more, but
ii
less than 18 months,
1 month after the half-way point of the term of the order, and
b
in the case of an order for a term of 18 months or more, 1 month or 2 months after that point.
6
Where—
a
the court makes an order under subsection (5), and
b
the offender is also subject to a sentence of any of the following kinds that is to take effect, by virtue of an order to which subsection (7) applies, when the offender would otherwise be released for supervision—
i
a sentence of detention under section 250,
ii
a sentence of detention under section 209 of the Armed Forces Act 2006, or
iii
an extended sentence of detention under section 254 (including one passed as a result of section 221A of the Armed Forces Act 2006),
the order under subsection (5) must be expressed as an order that the period of detention and training attributable to the detention and training order is to end at the time determined under that subsection.
7
This subsection applies to orders under the following provisions (which provide for sentences of detention to take effect when an offender is released for supervision under a detention and training order)—
a
section 253(2) (offender under 18: sentence of detention to take effect on release for supervision under detention and training order),
b
section 257(2) (offender under 18: extended sentence of detention), or
c
any corresponding provision relating to an order under section 209 of, or made as a result of section 221A of, the Armed Forces Act 2006.
8Detention to be legal custody
An offender detained under a detention and training order is deemed to be in legal custody.
I10C9C1C6242The period of supervision
1
The period of supervision of an offender who is subject to a detention and training order—
a
begins when the offender is released for supervision (whether at the half-way point of the term of the order or otherwise), and
b
ends when the term of the order ends.
2
During the period of supervision, the offender—
a
is to be under the supervision of—
i
an officer of a provider of probation services, or
ii
a member of a youth offending team, and
b
may be required to comply with particular requirements.
3
Any such requirements, and the category of person to supervise the offender, are to be determined from time to time by the Secretary of State.
4
The offender must be notified by the Secretary of State of—
a
the category of person responsible for the offender's supervision, and
b
any requirements with which the offender must comply.
5
A notice under subsection (4) must be given to the offender—
a
before the period of supervision begins, and
b
before any change in the matters mentioned in that subsection.
6
Where the supervision is to be provided by an officer of a provider of probation services, the officer must be an officer acting in the local justice area within which the offender resides for the time being.
7
Where the supervision is to be provided by a member of a youth offending team, the member must be a member of a youth offending team established by the local authority in whose area the offender resides for the time being.
I11C1243Breach of supervision requirement and further offences during order
Schedule 12 makes provision about—
a
breach of supervision requirements imposed under a detention and training order etc, and
b
offences committed during the term of a detention and training order.
I12C1244Offender subject concurrently to detention and training order and sentence of detention in a young offender institution
1
This section applies where an offender is subject concurrently—
a
to a relevant detention and training order (see section 248), and
b
to a sentence of detention in a young offender institution,
at least one of which is imposed in respect of an offence of which the offender was convicted on or after F11 December 2020.
2
The offender is to be treated for the purposes of the following provisions as if subject only to the sentence of detention in a young offender institution—
a
sections 241 to 243 and Schedule 12 (periods of detention and training and supervision, breach of supervision requirements and further offences);
b
section 271 (detention in a young offender institution: place of detention);
c
Chapter 6 of Part 12 of the Criminal Justice Act 2003 (release, licences, supervision and recall).
This is subject to subsection (3).
3
Nothing in subsection (2) requires the offender to be released in respect of either the order or the sentence unless and until the offender is required to be released in respect of each of them.
4
In subsection (1), “sentence of detention in a young offender institution” includes any sentence of detention in a young offender institution, whether imposed under this Code or otherwise.
5
Subsection (2) has effect in relation to an order or sentence imposed in respect of an offence of which the offender was convicted before F21 December 2020 as if the provisions referred to in paragraphs (a) to (c) included the provisions referred to in section 106(4) of the Powers of Criminal Courts (Sentencing) Act 2000 (interaction of detention and training orders with sentences of detention in a young offender institution).
I13C1245Offender subject concurrently to detention and training order and other sentence of detention
1
This section applies where an offender is subject concurrently to—
a
a relevant detention and training order, and
b
a relevant sentence of detention,
at least one of which is imposed in respect of an offence of which the offender was convicted on or after F31 December 2020.
(See section 248 for the meaning of “relevant detention and training order” and “relevant sentence of detention”.)
2
The offender is to be treated as if subject only to the relevant sentence of detention for the purposes of the following provisions—
a
sections 241 to 243 and Schedule 12 (periods of detention and training and supervision, breach of supervision requirements and further offences);
b
section 260 and section 261 (place of detention);
c
Chapter 6 of Part 12 of the Criminal Justice Act 2003 (release and supervision following release);
d
section 210 of the Armed Forces Act 2006 (place of detention etc);
e
section 214 of the Armed Forces Act 2006 (offences committed during a detention and training order under that Act).
This is subject to subsection (3).
3
Nothing in subsection (2) requires the offender to be released in respect of either the order or the sentence unless and until the offender is required to be released in respect of each of them.
4
Subsection (2) has effect in relation to a relevant detention and training order or relevant sentence of detention that is imposed in respect of an offence of which the offender was convicted before F41 December 2020 as if the provisions referred to in paragraphs (a) to (e) included the provisions referred to in section 106A(8) of the Powers of Criminal Courts (Sentencing) Act 2000.
I14C1C11246Effect of detention and training order made where offender has reached 18
1
This section applies where—
a
a court has power, by virtue of any enactment, to deal with a person for an offence in any way in which—
i
a court could have dealt with the person on a previous occasion, or
ii
a court could deal with the person if the person were the same age as when convicted,
b
in exercise of the power, the court makes a detention and training order for any term, and
c
the person has reached the age of 18.
2
The person is to be treated as if sentenced to detention in a young offender institution for the same term.
I15C1C10C7247Further supervision after end of term of detention and training order
1
This section applies where a detention and training order is made in respect of an offender if—
a
the offender is aged 18 or over at the half-way point of the term of the order,
b
the term of the order is less than 24 months, and
c
the order was imposed in respect of an offence committed on or after 1 February 2015.
2
The following provisions of the Criminal Justice Act 2003 (which relate to supervision after end of sentence) apply as they apply in cases described in section 256AA(1) of that Act—
a
sections 256AA(2) to (11), 256AB and 256AC,
b
sections 256D and 256E, and
c
Schedule 19A,
but with the following modifications.
3
“The supervision period”, in relation to the offender, is the period which—
a
begins on the expiry of the term of the detention and training order, and
b
ends on the expiry of the period of 12 months beginning immediately after the half-way point of the term of the order.
4
“The supervisor”, in relation to the offender, must be—
a
an officer of a provider of probation services, or
b
a member of a youth offending team established by the local authority in whose area the offender resides for the time being.
5
The power in section 256AB(4) of the Criminal Justice Act 2003 (power of Secretary of State to amend requirements that may be imposed) includes power—
a
to make provision about the supervision requirements that may be imposed under section 256AA of that Act as applied by this section, and
b
to amend any provision of the Powers of Criminal Courts (Sentencing) Act 2000 or any provision of this Code derived from that Act.
6
Subsection (7) applies where the term of the detention and training order is determined by section 238(3) (offender subject to two or more detention and training orders).
7
The offender is subject to supervision under section 256AA of the Criminal Justice Act 2003 (as applied by this section) if that section (as applied) so requires in respect of one or more of the detention and training orders.
8
For the purposes of subsection (1), where an offence is found to have been committed—
a
over a period of 2 or more days, or
b
at some time during a period of 2 or more days,
it is taken to have been committed on the last of those days.
I16C1248Detention and training orders: interpretation
1
In section 241 and Schedule 12 “youth detention accommodation” means—
a
a secure training centre,
b
a secure college,
c
a young offender institution,
d
accommodation provided by or on behalf of a local authority for the purpose of restricting the liberty of children and young persons,
e
accommodation provided for that purpose under section 82(5) of the Children Act 1989 (financial support by the Secretary of State), or
f
such other accommodation or descriptions of accommodation as the Secretary of State may specify by regulations.
2
In sections 241, 242 and 247 and in Schedule 12, references to the term of a detention and training order are to be read in accordance with section 238(3).
3
In sections 237, 238, 244 and 245 and Schedule 12, “relevant detention and training order” means—
a
a detention and training order under section 233,
b
an order under section 211 of the Armed Forces Act 2006 (corresponding order under that Act), or
c
an order under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention and training order: offender convicted before Code comes into force).
4
In sections 237 and 245, “relevant sentence of detention” means—
a
a sentence of detention under section 250,
b
a sentence of detention under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18 convicted of certain serious offences: power to detain for specified period),
c
a sentence of detention under section 209 of the Armed Forces Act 2006 (whether passed before or after this Code comes into force),
d
an extended sentence of detention under section 254, including one passed as a result of section 221A of the Armed Forces Act 2006, or
e
a sentence under section 226B or 228 of the Criminal Justice Act 2003 (extended sentence of detention: offenders aged under 18 convicted before this Code comes into force), including one passed as a result of section 221A or 222 of the Armed Forces Act 2006.
5
For the purposes of this Code, an offender who is subject to a detention and training order or an order mentioned in subsection (3)(b) or (c) is released for supervision when released by virtue of—
a
section 241(2), (3), (4) or (5), or
b
in the case of an order to which section 102 of the Powers of Criminal Courts (Sentencing) Act 2000 (the “2000 Act”) applies (including one made under section 211 of the Armed Forces Act 2006), subsection (2), (3), (4) or (5) of section 102 of the 2000 Act.
6
Regulations under subsection (1)(f) are subject to the affirmative resolution procedure.
7
Subsection (4) of section 407 (general powers to make provision in regulations) does not apply to the power conferred by subsection (1)(f).
Detention for specified period
I17C4249Sentence of detention under section 250: availability
1
A sentence of detention under section 250 is available where a person aged under 18 is convicted on indictment of an offence listed in the following table—
Offences punishable with imprisonment for at least 14 years | |
(a) | an offence which—
|
Sexual offences | |
(b) | an offence under any of the following provisions of the Sexual Offences Act 2003—
|
Offences related to firearms | |
(c) | an offence (other than one within paragraph (a)) which—
|
2
For circumstances in which a court is required to impose a sentence of detention under section 250, see—
a
section 258 (required sentence of detention for life);
b
section 311 (minimum sentence for certain offences involving firearms that are prohibited weapons).
3
Where an offence is found to have been committed—
a
over a period of 2 or more days, or
b
at some time during a period of 2 or more days,
it is to be taken for the purposes of paragraph (c)(ii) of the table in subsection (1) to have been committed on the last of those days.
I18250Sentence of detention: offender convicted of certain serious offences
A sentence of detention under this section is a sentence requiring the offender to be detained for the period specified in the sentence.
I19251Exercise of power to impose sentence of detention under section 250
1
Subsection (2) applies where a sentence of detention under section 250 is available by virtue of section 249(1).
2
The court may impose such a sentence if it is of the opinion that neither a youth rehabilitation order nor a detention and training order is suitable.
3
This is subject to (in particular) section 230 (threshold for imposing discretionary custodial sentence) and section 231 (length of discretionary custodial sentences: general provision).
I20252Maximum sentence
1
This section applies where the court imposes a sentence of detention under section 250 by virtue of—
a
section 251, or
b
section 311 (minimum sentence for certain offences involving firearms that are prohibited weapons).
2
The period of detention specified in the sentence must not exceed—
a
the maximum term of imprisonment with which the offence is punishable in the case of a person aged 21 or over, or
b
life, if the offence is punishable with imprisonment for life in the case of a person aged 21 or over.
I21C15C12253Sentence of detention passed on offender subject to detention and training order
1
This section applies where a court imposes a sentence of detention under section 250 in the case of an offender who is subject to a relevant detention and training order.
2
If the offender has not at any time been released for supervision under the relevant detention and training order, the court may order that the sentence of detention is to take effect at the time when the offender would otherwise be released for supervision under the relevant detention and training order (see section 248(5)).
3
Otherwise, the sentence of detention takes effect at the beginning of the day on which it is passed.
4
In this section “relevant detention and training order” means—
a
a detention and training order under section 233,
b
an order under section 211 of the Armed Forces Act 2006 (corresponding order under that Act), or
c
an order under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention and training order: offender convicted before the commencement of this Act).
Extended sentences
I22254Extended sentence for certain violent, sexual or terrorism offences
An extended sentence of detention under this section is a sentence of detention the term of which is equal to the aggregate of—
a
the appropriate custodial term (see section 256), and
b
a further period (the “extension period”) for which the offender is to be subject to a licence.
I23255Extended sentence of detention: availability
1
An extended sentence of detention under section 254 is available where a court is dealing with an offender for an offence if—
a
the offence—
i
is a specified offence (see section 306(1)), and
ii
is listed in the table in section 249(1) (sentence of detention under section 250: availability),
b
the offender is aged under 18 when convicted,
c
the court is of the opinion that there is a significant risk to members of the public of serious harm occasioned by the commission by the offender of further specified offences (see section 308),
d
the court is not required by section 258(2) to impose a sentence of detention for life under section 250, and
e
if the court were to impose an extended sentence, the term that it would specify as the appropriate custodial term (see section 256) would be at least 4 years.
2
The pre-sentence report requirements (see section 30) apply to the court in relation to forming the opinion referred to in subsection (1)(c).
I24256Term of extended sentence of detention under section 254
1
This section applies where a court is determining—
a
the appropriate custodial term, and
b
the extension period,
of an extended sentence of detention under section 254 to be imposed on an offender in respect of an offence.
C32
The appropriate custodial term is the term of detention that would be imposed in respect of the offence in compliance with section 231(2) (length of discretionary custodial sentences: general provision) if the court did not impose an extended sentence.
C33
The extension period must be a period of such length as the court considers necessary for the purpose of protecting members of the public from serious harm occasioned by the commission by the offender of further specified offences.
This is subject to subsections (4) and (5).
C34
The extension period must—
a
be at least 1 year, and
b
not exceed—
i
5 years in the case of a specified violent offence;
ii
8 years in the case of a specified sexual offence or a specified terrorism offence.
See section 306(2) for the meanings of “specified violent offence”, “specified sexual offence” and “specified terrorism offence”.
C35
The term of the extended sentence of detention under section 254 must not exceed the maximum term of imprisonment with which the offence is punishable in the case of a person aged 21 or over.
I25C13C16257Extended sentence under section 254 where offender subject to detention and training order
1
This section applies where the court imposes an extended sentence of detention under section 254 in the case of an offender who is subject to a relevant detention and training order.
2
If the offender has not at any time been released for supervision under the relevant detention and training order, the court may order that the extended sentence of detention is to take effect at the time when the offender would otherwise be released for supervision under the relevant detention and training order (see section 248(5)).
3
Otherwise, the extended sentence of detention takes effect at the beginning of the day on which it is passed.
4
In this section “relevant detention and training order” means—
a
a detention and training order under section 233,
b
an order under section 211 of the Armed Forces Act 2006 (corresponding order under that Act), or
c
an order under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention and training order: offender convicted before the commencement of this Act).
Detention for life etc
I26258Required sentence of detention for life for offence carrying life sentence
1
This section applies where—
a
a person aged under 18 is convicted of a Schedule 19 offence (see section 307),
b
the court considers that the seriousness of—
i
the offence, or
ii
the offence and one or more offences associated with it,
is such as to justify the imposition of a sentence of detention for life, and
c
the court is of the opinion that there is a significant risk to members of the public of serious harm occasioned by the commission by the offender of further specified offences (see sections 306(1) and 308).
C192
The court must impose a sentence of detention for life under section 250.
3
The pre-sentence report requirements (see section 30) apply to the court in relation to forming the opinion mentioned in subsection (1)(c).
4
An offence the sentence for which is imposed under this section is not to be regarded as an offence the sentence for which is fixed by law.
I27259Offenders who commit murder etc when under 18: duty to detain at Her Majesty's pleasure
1
This section applies where—
a
a court is dealing with a person convicted of—
i
murder, or
ii
any other offence the sentence for which is fixed by law as life imprisonment, and
b
the person appears to the court to have been aged under 18 at the time the offence was committed.
2
The court must sentence the offender to be detained during Her Majesty's pleasure.
3
Subsection (2) applies notwithstanding anything in this or any other Act.
Detention under this Chapter
I28260Detention under section 250 or 259
1
Detention under section 250 or 259 is to be in such place and under such conditions—
a
as the Secretary of State may direct, or
b
as the Secretary of State may arrange with any person.
2
A person detained pursuant to directions or arrangements made by the Secretary of State under this section is deemed to be in legal custody.
I29C18261Detention in pursuance of extended sentence
Detention under section 254 (extended sentence of detention) is to be in a place and under conditions determined by, or by a person authorised for the purpose by, the Secretary of State.