Powers of Criminal Courts (Sentencing) Bill [H.L.] - continued        House of Lords
PART V, CUSTODIAL SENTENCES ETC. - continued
Detention and training orders - continued

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Offences during currency of order.     105. - (1) This section applies to a person subject to a detention and training order if-
 
 
    (a) after his release and before the date on which the term of the order ends, he commits an offence punishable with imprisonment in the case of a person aged 21 or over ("the new offence"); and
 
    (b) whether before or after that date, he is convicted of the new offence.
      (2) Subject to section 8(6) above (duty of adult magistrates' court to remit young offenders to youth court for sentence), the court by or before which a person to whom this section applies is convicted of the new offence may, whether or not it passes any other sentence on him, order him to be detained in such secure accommodation as the Secretary of State may determine for the whole or any part of the period which-
 
 
    (a) begins with the date of the court's order; and
 
    (b) is equal in length to the period between the date on which the new offence was committed and the date mentioned in subsection (1) above.
      (3) The period for which a person to whom this section applies is ordered under subsection (2) above to be detained in secure accommodation-
 
 
    (a) shall, as the court may direct, either be served before and be followed by, or be served concurrently with, any sentence imposed for the new offence; and
 
    (b) in either case, shall be disregarded in determining the appropriate length of that sentence.
      (4) Where the new offence is found to have been committed over a period of two or more days, or at some time during a period of two or more days, it shall be taken for the purposes of this section to have been committed on the last of those days.
 
      (5) A person detained in pursuance of an order under subsection (2) above shall be deemed to be in legal custody.
 
Interaction with sentences of detention in a young offender institution.     106. - (1) Where a court passes a sentence of detention in a young offender institution 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 been released by virtue of subsection (2), (3), (4) or (5) of section 102 above, at the beginning of the day on which it is passed;
 
    (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.
      (2) Where a court makes a detention and training order in the case of an offender who is subject to a sentence of detention in a young offender institution, the order shall take effect as follows-
 
 
    (a) if the offender has been released under Part II of the Criminal Justice Act 1991 (early release of prisoners), at the beginning of the day on which it is made;
 
    (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 Part.
      (3) Subsection (1)(a) above has effect subject to section 105(3)(a) above and subsection (2)(a) above has effect subject to section 116(6)(b) below.
 
      (4) Subject to subsection (5) below, where at any time an offender is subject concurrently-
 
 
    (a) to a detention and training order, and
 
    (b) to a sentence of detention in a young offender institution,
  he shall be treated for the purposes of sections 102 to 105 above and of section 98 above (place of detention), Chapter IV of this Part (return to detention) and Part II of the Criminal Justice Act 1991 (early release) as if he were subject only to the one of them that was imposed on the later occasion.
 
      (5) Nothing in subsection (4) 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.
 
      (6) Where, by virtue of any enactment giving a court power to deal with a person in a way in which a court on a previous occasion could have dealt with him, a detention and training order for any term is made in the case of a person who has attained the age of 18, the person shall be treated as if he had been sentenced to detention in a young offender institution for the same term.
 
Meaning of "secure accommodation" and references to terms.     107. - (1) In sections 102, 104 and 105 above "secure accommodation" means-
 
 
    (a) a secure training centre;
 
    (b) a young offender institution;
 
    (c) accommodation provided by a local authority for the purpose of restricting the liberty of children and young persons;
 
    (d) accommodation provided for that purpose under subsection (5) of section 82 of the Children Act 1989 (financial support by the Secretary of State); or
 
    (e) such other accommodation provided for the purpose of restricting liberty as the Secretary of State may direct.
      (2) In sections 102 to 105 above references to the term of a detention and training order shall be construed in accordance with section 101(13) above.
 
 
Detention of persons aged at least 18 but under 21 for default or contempt
Detention of persons aged at least 18 but under 21 for default or contempt.     108. - (1) In any case where, but for section 89(1) above, a court would have power-
 
 
    (a) to commit a person aged at least 18 but under 21 to prison for default in payment of a fine or any other sum of money, or
 
    (b) to make an order fixing a term of imprisonment in the event of such a default by such a person, or
 
    (c) to commit such a person to prison for contempt of court or any kindred offence,
  the court shall have power, subject to subsection (3) below, to commit him to be detained under this section or, as the case may be, to make an order fixing a term of detention under this section in the event of default, for a term not exceeding the term of imprisonment.
 
      (2) For the purposes of subsection (1) above, the power of a court to order a person to be imprisoned under section 23 of the Attachment of Earnings Act 1971 shall be taken to be a power to commit him to prison.
 
      (3) No court shall commit a person to be detained under this section unless it is of the opinion that no other method of dealing with him is appropriate; and in forming any such opinion, the court-
 
 
    (a) shall take into account all such information about the circumstances of the default or contempt (including any aggravating or mitigating factors) as is available to it; and
 
    (b) may take into account any information about that person which is before it.
      (4) Where a magistrates' court commits a person to be detained under this section, it shall-
 
 
    (a) state in open court the reason for its opinion that no other method of dealing with him is appropriate; and
 
    (b) cause that reason to be specified in the warrant of commitment and to be entered in the register.
      (5) Subject to section 22(2)(b) of the Prison Act 1952 (removal to hospital etc.), a person in respect of whom an order has been made under this section is to be detained-
 
 
    (a) in a remand centre,
 
    (b) in a young offender institution, or
 
    (c) in any place in which a person aged 21 or over could be imprisoned or detained for default in payment of a fine or any other sum of money,
  as the Secretary of State may from time to time direct.
 
 
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