SCHEDULES

SCHEDULE 16 U.K.Detention and training orders: time to count as served

PART 1 E+WDetention and training orders made under Sentencing Code

Criminal Justice Act 2003 (c. 44) E+W

1 The Criminal Justice Act 2003 is amended as follows.

Commencement Information

I1 Sch. 16 para. 1 in force at 28.6.2022, see s. 208(5)(t)

2 (1) Section 240ZA (time remanded in custody to count as time served: terms of imprisonment and detention) is amended as follows.

(2) In the heading, for “and detention” substitute “or detention and detention and training orders”.

(3) After subsection (1) insert—

“(1A) This section also applies where—

(a) a court, on or after the day on which Schedule 16 to the Police, Crime, Sentencing and Courts Act 2022 came into force, makes a detention and training order in respect of an offender for an offence, and

(b) the offender concerned has been remanded in custody in connection with the offence or a related offence.

(1B) In this section any reference to a “sentence”, in relation to an offender, is to—

(a) a term of imprisonment being served by the offender as mentioned in subsection (1)(a), or

(b) a detention and training order made in respect of the offender as mentioned in subsection (1A)(a).”

(4) In subsection (2), for “that purpose” substitute “the purposes of subsection (1)(b) or (1A)(b)”.

(5) For subsection (9) substitute—

“(8A) Subsection (9) applies in relation to an offender who is sentenced to two or more consecutive sentences or sentences which are wholly or partly concurrent if—

(a) the sentences were imposed on the same occasion, or

(b) where they were imposed on different occasions, the offender has not been released during the period beginning with the first and ending with the last of those occasions.

(9) For the purposes of subsections (3) and (5), the sentences are to be treated as a single sentence.”

Commencement Information

I2 Sch. 16 para. 2 in force at 28.6.2022, see s. 208(5)(t)

3 (1) Section 240A (time remanded on bail to count towards time served: terms of imprisonment and detention) is amended as follows.

(2) In the heading, for “and detention” substitute “or detention and detention and training orders”.

(3) After subsection (3ZA) insert—

“(3ZAA) Subsection (3ZB) also applies where—

(a) a court, on or after the day on which Schedule 16 to the Police, Crime, Sentencing and Courts Act 2022 came into force, makes a detention and training order in respect of an offender for an offence, and

(b) the court has made a declaration under section 325 of the Sentencing Code specifying a credit period in relation to the order.

(3ZAB) In this section any reference to a “sentence”, in relation to an offender, is to—

(a) a term of imprisonment being served by the offender as mentioned in subsection (3ZA)(a), or

(b) a detention and training order made in respect of the offender as mentioned in subsection (3ZAA)(a).”

(4) In subsection (9)(b), omit the words from “and, in paragraph (b)” to the end.

Commencement Information

I3 Sch. 16 para. 3 in force at 28.6.2022, see s. 208(5)(t)

4 In section 242 (interpretation), at the end insert—

“(3) In sections 240ZA and 240A, “detention and training order” has the meaning given by section 233 of the Sentencing Code.”

Commencement Information

I4 Sch. 16 para. 4 in force at 28.6.2022, see s. 208(5)(t)

Sentencing Act 2020 (c. 17) E+W

5 The Sentencing Act 2020 is amended as follows.

Commencement Information

I5 Sch. 16 para. 5 in force at 28.6.2022, see s. 208(5)(t)

6 Omit sections 239 and 240 (effect on term of detention and training order of period on remand etc).

Commencement Information

I6 Sch. 16 para. 6 in force at 28.6.2022, see s. 208(5)(t)

7 In section 244 (offender subject concurrently to detention and training order and sentence of detention in a young offender institution), in subsection (2)(c), at the beginning insert “with the exception of sections 240ZA and 240A,”.

Commencement Information

I7 Sch. 16 para. 7 in force at 28.6.2022, see s. 208(5)(t)

8 In section 245 (offender subject concurrently to detention and training order and other sentence of detention), in subsection (2)(c), at the beginning insert “with the exception of sections 240ZA and 240A,”.

Commencement Information

I8 Sch. 16 para. 8 in force at 28.6.2022, see s. 208(5)(t)

9 In section 325 (time on bail under certain conditions: declaration by court), in subsection (5)—

(a) omit the “or” at the end of paragraph (b);

(b) at the end of paragraph (c) insert “, or

(d) makes a detention and training order.”

Commencement Information

I9 Sch. 16 para. 9 in force at 28.6.2022, see s. 208(5)(t)

10 In section 327 (period in custody awaiting extradition: declaration by court), in subsection (2)—

(a) omit the “or” at the end of paragraph (b);

(b) at the end of paragraph (c) insert “, or

(d) a detention and training order.”

Commencement Information

I10 Sch. 16 para. 10 in force at 28.6.2022, see s. 208(5)(t)

11 In Schedule 27 (transitional provision), omit paragraph 14 (and the italic heading above it).

Commencement Information

I11 Sch. 16 para. 11 in force at 28.6.2022, see s. 208(5)(t)

Other enactments E+W

12 In Schedule 2 to the Criminal Appeal Act 1968 (procedural and other provisions applicable on order for retrial), in paragraph 2(4), for “and detention” substitute “or detention and detention and training orders”.

Commencement Information

I12 Sch. 16 para. 12 in force at 28.6.2022, see s. 208(5)(t)

13 In Schedule 7 to the International Criminal Court Act 2001 (domestic provisions not applicable to ICC prisoners), in paragraph 2(1)(d), for “and detention” substitute “or detention and detention and training orders”.

Commencement Information

I13 Sch. 16 para. 13 in force at 28.6.2022, see s. 208(5)(t)