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(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 [F11 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)[F2with the exception of sections 240ZA and 240A,] 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 [F31 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.
Textual Amendments
F1Words in s. 245(1) substituted (1.12.2020) by The Sentencing Act 2020 (Commencement No. 1) Regulations 2020 (S.I. 2020/1236), regs. 1, 4(4)
F2Words in s. 245(2)(c) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(s), Sch. 16 para. 8
F3Words in s. 245(4) substituted (1.12.2020) by The Sentencing Act 2020 (Commencement No. 1) Regulations 2020 (S.I. 2020/1236), regs. 1, 4(4)
Modifications etc. (not altering text)
C1Ss. 237-248 modified by 2006 c. 52, s. 213(1)(a) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 33(2) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)
Commencement Information
I1S. 245 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
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