Sentencing Act 2020

Interaction of further detention order with other custodial sentences

6 (1) The Secretary of State may by regulations make provision about the interaction between a further detention order and a custodial sentence where—

(a) an offender who is subject to a further detention order becomes subject to a custodial sentence, or

(b) an offender who is subject to a custodial sentence becomes subject to a further detention order.

(2) The provision that may be made by regulations under this paragraph includes—

(a) provision as to the time at which the further detention order 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 further detention order 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.

(3) In this paragraph—

• “custodial sentence” includes—

  (a)

  a custodial sentence within the meaning of the Armed Forces Act 2006 (see section 374 of that Act), and

  (b)

  a pre-Code custodial sentence (see section 222(4));

• “further detention order” includes an order made under section 104(3)(a) of the Powers of Criminal Courts (Sentencing) Act 2000.

(4) Regulations under this paragraph are subject to the negative resolution procedure.