(1) This Chapter applies generally for the purposes of determining whether a custodial sentence should be passed and, if so, what its term should be.
In particular—
(a) section 222 defines “custodial sentence”;
(b) sections 227 and 228 make provision about when a custodial sentence is not available or subject to restrictions;
(c) section 229 permits a magistrates' court to impose imprisonment for less than the term specified;
(d) sections 230 to 232 make provision about how a court should decide whether to impose a custodial sentence and the term of such a sentence.
(2) Chapter 2 is about the kinds of custodial sentence that are available for an offender aged under 18—
(a) detention and training orders (sections 233 to 248);
(b) sentences of detention under section 250, including life sentences (and see sections 258 and 258A);
(ba) special sentences of detention for certain offenders of particular concern (section 252A);
(c) extended sentences of detention (sections 254 to 257);
(d) detention during Her Majesty's pleasure for murder etc where the offender is under 18 at the time of the offence (section 259).
(3) Chapter 3 is about the kinds of custodial sentence that are available for an offender aged 18, 19 or 20—
(a) sentences of detention in a young offender institution (sections 262 to 271), including—
(i) suspended sentences,
(ii) special sentences for offenders of particular concern, ...
(iii) extended sentences; and
(iv) serious terrorism sentences,
(b) sentences of custody for life (sections 272 to 276).
(4) Chapter 4 is about imprisonment in the case of an adult aged at least 21 at the time of conviction, including—
(a) suspended sentences,
(b) special sentences for offenders of particular concern,
(c) extended sentences,
(ca) serious terrorism sentences, and
(d) imprisonment for life.
(5) Chapter 5 is about suspended sentences.
(6) Chapter 6 is about dangerous offenders.
(7) Chapter 7 is about mandatory minimum sentences.
(8) Chapter 8 is about life sentences and in particular about when minimum term orders and whole life orders must be passed.
(9) Chapter 9 contains certain provisions about administration of custodial sentences and includes certain powers and duties of a sentencing court that are relevant to an offender's release from custody.
(1) In this Code “custodial sentence” means—
(a) a detention and training order under section 233,
(b) a sentence of detention under Chapter 2 of this Part,
(c) a sentence of detention in a young offender institution,
(d) a sentence of custody for life under section 272 or 275, or
(e) a sentence of imprisonment.
This is subject to subsection (3).
(2) In subsection (1) “sentence of imprisonment” does not include a committal for contempt of court or any kindred offence.
(3) Subsection (1)—
(a) does not apply to “custodial sentence” in the following expressions—
“appropriate custodial sentence”;
“current custodial sentence”;
“pre-Code custodial sentence”;
“relevant custodial sentence”, and
(b) is subject to express provision to the contrary.
(4) In this Code, “pre-Code custodial sentence” means—
(a) a detention and training order imposed under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000,
(b) a sentence of detention imposed under any of the following (sentences of detention for children)—
(i) section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000,
(ii) section 53(1) or (3) of the Children and Young Persons Act 1933, or
(iii) section 226B or 228 of the Criminal Justice Act 2003,
(c) a sentence of detention for public protection imposed under section 226 of the Criminal Justice Act 2003, or
(d) a sentence of custody for life under—
(i) section 93 or 94 of the Powers of Criminal Courts (Sentencing) Act 2000, or
(ii) section 8 of the Criminal Justice Act 1982.
223 Two year limit on imprisonment for statutory offence if no maximum specified
Where—
(a) a person is convicted on indictment of an offence under any enactment which is punishable with imprisonment, and
(b) no enactment—
(i) limits the sentence to a specified term, or
(ii) expresses it to extend to imprisonment for life,
the person is liable to imprisonment for not more than 2 years.
224 General limit on magistrates' court's power to impose imprisonment or detention in a young offender institution
(1) A magistrates' court does not have power to impose—
(a) imprisonment, or
(b) detention in a young offender institution,
for a term exceeding the applicable limit in respect of any one offence.
(1A) The applicable limit is—
(a) 6 months in the case of a summary offence, or
(b) 12 months in the case of an offence triable either way.
(2) Unless expressly excluded, subsection (1) applies even if the offence in question is one for which a person would otherwise be liable on summary conviction to imprisonment or detention in a young offender institution for a term exceeding the applicable limit.
(3) Nothing in subsection (1) affects section 133 of the Magistrates' Courts Act 1980 (consecutive terms of imprisonment).
(4) Subsection (1) does not limit any power of a magistrates' court to impose a term of imprisonment for—
(a) non-payment of a fine, or
(b) want of sufficient goods to satisfy a fine.
(5) In subsection (4)—
(a) “fine”—
(i) includes a pecuniary penalty, but
(ii) does not include a pecuniary forfeiture or pecuniary compensation;
(b) the reference to want of sufficient goods to satisfy a fine is a reference to circumstances where—
(i) there is power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 to recover the fine from a person, but
(ii) it appears, after an attempt has been made to exercise the power, that the person's goods are insufficient to pay the amount outstanding (as defined by paragraph 50(3) of that Schedule).
(6) In this section “impose imprisonment” means—
(a) pass a sentence of imprisonment, or
(b) fix a term of imprisonment for—
(i) failure to pay any sum of money,
(ii) want of sufficient distress to satisfy any sum of money (see section 397(3)), or
(iii) failure to do or abstain from doing anything required to be done or left undone.
(7) Section 132 of the Magistrates' Courts Act 1980 (5 day minimum term) provides for the minimum term of imprisonment that a magistrates' court may impose.
225 Restriction on consecutive sentences for released prisoners
(1) A court sentencing a person to a relevant custodial term may not order or direct that the term is to commence on the expiry of any current custodial sentence from which the offender has been released under—
(a) Chapter 6 of Part 12 of the Criminal Justice Act 2003 (release, licences, supervision and recall), or
(b) Part 2 of the Criminal Justice Act 1991 (early release of prisoners).
(2) In this section “relevant custodial term” means a term of—
(a) detention under Chapter 2 of this Part,
(b) detention in a young offender institution (under this Code), or
(c) imprisonment.
(3) In this section, “current custodial sentence” means a sentence that has not yet expired which is—
(a) a sentence of imprisonment,
(b) a sentence of detention in a young offender institution, or
(c) a sentence of detention imposed under any of the following—
(i) section 250,
(ia) section 252A,
(ii) section 254 (including one passed as a result of section 221A of the Armed Forces Act 2006),
(iii) section 226B or 228 of the Criminal Justice Act 2003 (including one passed as a result of section 221A or 222 of the Armed Forces Act 2006),
(iv) section 91 of the Powers of Criminal Courts (Sentencing) Act 2000,
(v) section 53(3) of the Children and Young Persons Act 1933,
(vi) section 209 of the Armed Forces Act 2006, or
(vii) section 71A(4) of the Army Act 1955 or the Air Force Act 1955 or section 43A(4) of the Naval Discipline Act 1957.
226 Custodial sentence: restrictions in certain cases where offender not legally represented
(1) This section applies where—
(a) a magistrates' court is dealing with an offender on summary conviction, or
(b) the Crown Court is dealing with an offender—
(i) on committal for sentence, or
(ii) on conviction on indictment.
Offenders aged under 21
(2) The court may not—
(a) make a detention and training order,
(b) pass a sentence of detention under section 250 (or 254) , under section 252A or under section 259 (offenders under 18),
(c) pass a sentence of detention in a young offender institution, or
(d) pass a sentence of custody for life (see sections 272 and 275),
unless the offender is legally represented in that court, or has failed, or is ineligible on financial grounds, to benefit from relevant representation (see subsections (7) and (8)).
Offenders aged 21 or over
(3) The court may not pass a sentence of imprisonment unless—
(a) the offender—
(i) is legally represented in that court, or
(ii) has failed, or is ineligible on financial grounds, to benefit from relevant representation (see subsections (7) and (8)), or
(b) the offender has previously been sentenced to imprisonment by a court in any part of the United Kingdom.
(4) For the purposes of subsection (3) a previous sentence of imprisonment which has been suspended and which has not taken effect under—
(a) paragraph 8 of Schedule 16,
(b) paragraph 8 of Schedule 12 to the Criminal Justice Act 2003,
(c) section 119 of the Powers of Criminal Courts (Sentencing) Act 2000, or
(d) section 19 of the Treatment of Offenders Act (Northern Ireland) 1968,
is to be disregarded.
(5) For those purposes, “sentence of imprisonment” does not include a committal for contempt of court or any kindred offence (and “sentenced to imprisonment” is to be read accordingly).
When a person is legally represented
(6) For the purposes of this section an offender is legally represented in a court if the offender has the assistance of counsel or a solicitor to represent him or her in the proceedings in that court at some time after being found guilty and before being sentenced.
Relevant representation: failure or ineligibility to benefit
(7) For the purposes of subsections (2) and (3), “relevant representation”, in relation to proceedings in a court, means representation under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (legal aid) for the purposes of the proceedings.
(8) For those purposes, an offender has failed, or is ineligible on financial grounds, to benefit from relevant representation if—
(a) the offender has refused or failed to apply for relevant representation, having—
(i) been informed of the right to apply for it, and
(ii) had the opportunity to do so,
(b) the offender's application for relevant representation was refused on financial grounds, or
(c) relevant representation was made available to the offender but withdrawn—
(i) because of the offender's conduct, or
(ii) on financial grounds.
Relevant representation is refused or withdrawn on financial grounds if it appears that the offender's financial resources are such that the offender is not eligible for such representation.
227 Restriction on imposing imprisonment on persons under 21
Sentence of imprisonment
(1) No court may pass a sentence of imprisonment on an offender for an offence if the offender is aged under 21 when convicted of the offence.
Committal to prison
(2) No court may commit a person who is aged under 21 to prison for any reason, except as provided by subsection (3).
(3) Subsection (2) does not prevent the committal to prison of a person aged under 21 who is—
(a) remanded in custody,
(b) committed in custody for sentence, or
(c) sent in custody for trial under section 51 or 51A of the Crime and Disorder Act 1998.
Custodial sentence not indicated in indication of sentence
(1) For restrictions on a custodial sentence where the case is dealt with under section 20(7) of the Magistrates' Courts Act 1980 (procedure where summary trial appears more suitable and indication of sentence is given), see section 20A(1) of that Act (restriction where indication of sentence does not indicate custodial sentence).
Hospital order or guardianship order
(2) For restrictions on a custodial sentence where a hospital order or guardianship order is made, see section 37(8) of the Mental Health Act 1983.
229 Power of magistrates' court to imprison for less than specified term
(1) Where a magistrates' court has power to sentence an offender to imprisonment for a period specified by an enactment (whether passed or made before or after this Act), the court may sentence the offender to imprisonment for less than that period.
(2) This is subject to—
(a) section 132 of the Magistrates' Courts Act 1980 (5 day minimum term);
(b) express provision to the contrary in an Act passed after 31 December 1879.
(3) In this section “enactment” includes an enactment contained in a local Act or in any order, regulation or other instrument having effect by virtue of an Act.
230 Threshold for imposing discretionary custodial sentence
(1) Subsection (2) applies where a person is convicted of an offence which is punishable with a custodial sentence.
This is subject to subsection (3).
(2) The court must not pass a custodial sentence unless it is of the opinion that—
(a) the offence, or
(b) the combination of the offence and one or more offences associated with it,
was so serious that neither a fine alone nor a community sentence can be justified for the offence.
Threshold generally not applicable where mandatory sentence requirement applies
(3) This section does not apply if the offence is one in relation to which a mandatory sentence requirement applies (see section 399), except as provided in sections 273(4) and 283(4) (pre-condition for life sentence for second listed offence).
Exceptions to subsection (2) relating to community sentences
(4) Nothing in subsection (2) prevents the court from passing a custodial sentence on the offender if the offender fails to express willingness to comply with a requirement—
(a) which the court proposes to include in a community order, but
(b) which may be included only if the offender expresses willingness to comply with it.
(5) Subsection (2) is also subject to—
(a) paragraph 11(3) of Schedule 7 (power to impose custodial sentence in case involving wilful and persistent breach of youth rehabilitation order with intensive supervision and surveillance);
(b) paragraph 22(5)(b) of Schedule 9 (power to deal with offender who does not express willingness to comply with amended drug rehabilitation requirement);
(c) paragraph 10(9) of Schedule 10 (power of magistrates' court to impose custodial sentence following wilful and persistent breach of community order);
(d) paragraph 11(6) of that Schedule (corresponding power of Crown Court);
(e) paragraph 18(9)(b) of that Schedule (power to deal with offender who does not express willingness to comply with amended treatment requirement).
Procedure for forming opinion
(6) In forming its opinion for the purposes of subsection (2), the court must take into account all the information that is available to it about the circumstances of the offence, or of it and the associated or offence or offences, including any aggravating or mitigating factors.
(7) The pre-sentence report requirements (see section 30) apply to the court in relation to forming that opinion.
(8) See also—
(a) section 77(2) (effect of mitigation: community sentence not precluded even if threshold for custodial sentence met);
(b) section 232 (additional requirements for offender suffering from mental disorder).
231 Length of discretionary custodial sentences: general provision
(1) Subsection (2) applies where a court passes a custodial sentence in respect of an offence.
This is subject to subsections (3) to (6).
(2) The custodial sentence must be for the shortest term (not exceeding the permitted maximum) that in the opinion of the court is commensurate with the seriousness of—
(a) the offence, or
(b) the combination of the offence and one or more offences associated with it.
Application of subsection (2) to certain sentences
(3) Subsection (2) does not apply where the sentence is—
(a) fixed by law, or
(b) a required life sentence,
except as provided in sections 273(4) and 283(4) (pre-condition for life sentence for second listed offence).
(4) In subsection (3), “required life sentence” means a sentence of—
(a) detention for life under section 250,
(b) custody for life under section 272, or
(c) imprisonment for life,
required under a provision mentioned in section 399(b) (mandatory sentences).
(5) Subsection (2) is subject to the provisions mentioned in section 399(c) (minimum sentences).
(6) Subsection (2) does not apply where the custodial sentence is an extended sentence, except as provided in sections 256(2), 268(2) and 281(2) (determination of appropriate custodial term).
(6A) Subsection (2) does not apply where the custodial sentence is a serious terrorism sentence, except as provided in sections 268C(2)(b) and 282C(2)(b) (determination of appropriate custodial period where longer than the 14-year minimum).
Procedure for forming opinion
(7) In forming its opinion for the purposes of subsection (2), the court must take into account all the information that is available to it about the circumstances of the offence, or of it and the associated offence or offences, including any aggravating or mitigating factors.
(8) The pre-sentence report requirements (see section 30) apply to the court in relation to forming that opinion, except where the sentence is an extended sentence.
(9) See section 232 for additional requirements in the case of an offender suffering from a mental disorder.
232 Additional requirements in case of offender suffering from mental disorder
(1) This section applies where—
(a) the offender is or appears to be suffering from a mental disorder, and
(b) the court passes a custodial sentence other than one fixed by law (“the sentence”).
(2) Before passing the sentence, the court must obtain and consider a medical report unless, in the circumstances of the case, it considers that it is unnecessary to obtain a medical report.
(3) Before passing the sentence, the court must consider—
(a) any information before it which relates to the offender's mental condition (whether given in a medical report, a pre-sentence report or otherwise), and
(b) the likely effect of such a sentence on that condition and on any treatment which may be available for it.
(4) If the court did not obtain a medical report where required to do so by this section, the sentence is not invalidated by the fact that it did not do so.
(5) Any court, on an appeal against the sentence, must—
(a) obtain a medical report if none was obtained by the court below, and
(b) consider any such report obtained by it or by that court.
(6) In this section—
“medical report” means a report as to an offender's mental condition made or submitted orally or in writing by a registered medical practitioner who is approved for the purposes of section 12 of the Mental Health Act 1983—
by the Secretary of State, or
by another person by virtue of section 12ZA or 12ZB of that Act,
as having special experience in the diagnosis or treatment of mental disorder;
“mental disorder” has the same meaning as in the Mental Health Act 1983.
(7) Nothing in this section is to be taken to limit—
(a) the pre-sentence report requirements (see section 30), or
(b) any requirement for a court to take into account all information that is available to it about the circumstances of any offence, including any aggravating or mitigating factors.
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.
(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)),
(ia) a sentence of detention under section 252A, 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 corrosive substance or bladed article).
235 Exercise 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).
(1) The term of a detention and training order made in respect of an offence (whether by a magistrates' court or otherwise) must be at least 4 months but must not exceed 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.
237 Making 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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.
238 Offender 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.
(3) 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 Schedule 12 as a single term.
(4) See section 248 for the meaning of “relevant detention and training order”.
(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.
Release at half-way point
(2) 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.
Early release on compassionate grounds
(3) 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.
Release before half-way point
(4) 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.
Consecutive detention and training order and sentence of detention
(5A) Where 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—
(a) a sentence of detention under section 250 or 252A,
(b) a sentence of detention under section 209 or 224A of the Armed Forces Act 2006, or
(c) an extended sentence of detention under section 254 (including one passed as a result of section 221A of the Armed Forces Act 2006),
subsection (4) is to be read as if, instead of conferring a power to release the offender, it conferred a power to determine that the Secretary of State would, but for the sentence concerned, have released the offender.
(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,
(ia) a sentence of detention under section 252A,
(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.
Detention to be legal custody
(8) An offender detained under a detention and training order is deemed to be in legal custody.
(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.
243 Breach 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.
244 Offender 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 1 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) with the exception of sections 240ZA and 240A, 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 1 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).
245 Offender 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 1 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) with 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 1 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.
246 Effect 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.
(1) In section 241 and Schedule 12 “youth detention accommodation” means—
(a) a secure training centre,
(b) a secure college,
(ba) a secure 16 to 19 Academy,
(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 and 242 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,
(aa) a sentence of detention under section 252A,
(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).
249 Sentence 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 (but the court is not required to pass a sentence of detention under section 252A)—
Offences punishable with imprisonment for at least 14 years
(a) | an offence which— is not an offence for which the sentence is fixed by law, and is punishable in the case of a person aged 21 or over with imprisonment for 14 years or more;
Sexual offences
(b) | an offence under any of the following provisions of the Sexual Offences Act 2003— section 3 (sexual assault); section 13 (child sex offences committed by children or young persons); section 25 (sexual activity with a child family member); section 26 (inciting a child family member to engage in sexual activity);
Offences related to firearms
(c) | an offence (other than one within paragraph (a)) which— is listed in Schedule 20 (firearms offences to which minimum sentence applies), and was committed when the offender was aged 16 or over.
(2) For circumstances in which a court is required to impose a sentence of detention under section 250, see—
(a) sections 258 and 258A (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.
251 Exercise 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).
(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.
252A Required special sentence of detention for certain offenders of particular concern
(1) Subsections (3) to (5) apply where—
(a) a person aged under 18 is convicted of an offence listed in Part 1 of Schedule 13 (offences involving or connected with terrorism),
(b) the offence was committed on or after the day on which section 22 of the Counter-Terrorism and Sentencing Act 2021 came into force,
(c) the court does not impose either of the following for the offence (or for an offence associated with it)—
(i) a sentence of detention for life under section 250, or
(ii) an extended sentence of detention under section 254, and
(d) the court would, apart from this section, impose a custodial sentence (see, in particular, section 230(2)).
(1A) Subsections (3) to (5) also apply where—
(a) a person aged under 18 is convicted of an offence listed in Part 3 of Schedule 13 (offences involving or connected with a threat to national security),
(b) the offence was committed on or after the day on which section 7(3) of the Sentencing Act 2026 came into force,
(c) the court does not impose—
(i) a sentence of detention for life under section 250 for the offence or for an offence associated with it, or
(ii) an extended sentence of detention under section 254 for an offence associated with the offence, and
(d) the court would, apart from this section, impose a custodial sentence (see, in particular, section 230(2)).
(2) In determining for the purposes of subsection (1)(d) or (1A)(d) whether it would impose a custodial sentence, the court must disregard any restriction on its power to impose such a sentence by reference to the age of the offender.
(3) The court must impose a sentence of detention under this section.
(4) The term of the sentence must be equal to the aggregate of—
(a) the appropriate custodial term, and
(b) a further period of 1 year for which the offender is to be subject to a licence,
and must not exceed the maximum term of imprisonment with which the offence is punishable in the case of a person aged 21 or over.
(5) For the purposes of subsection (4), the “appropriate custodial term” is the term that, in the opinion of the court, ensures that the sentence is appropriate.
(6) Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of subsection (1) or (1A) to have been committed on the last of those days.
(7) In the case of an offence listed in paragraph 4(b) of Schedule 13, this section applies in relation to convictions on or after the day on which paragraph 6 of Schedule 27 to the Crime and Policing Act 2026 comes into force.
253 Sentence 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 or 252A 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).
254 Extended 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.
(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 one for which a sentence of detention is available under section 250 or 252A (see the table in section 249(1) and section 252A(1)(a) and (b)),
(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) or 258A(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).
256 Term 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.
(2) 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.
(3) 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).
(4) 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 (unless sub-paragraph (iii) applies);
(ii) 8 years in the case of a specified sexual offence or a specified terrorism offence (unless sub-paragraph (iii) applies);
(iii) 10 years in the case of a serious terrorism offence for which the sentence is imposed on or after the day on which section 16 of the Counter-Terrorism and Sentencing Act 2021 comes into force.
See section 306(2) for the meanings of “specified violent offence”, “specified sexual offence” and “specified terrorism offence” , “specified terrorism offence” and “serious terrorism offence”.
(5) 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.
257 Extended 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).
258 Required 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).
(2) 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.
258A Required sentence of detention for life for manslaughter of emergency worker
(1) This section applies where—
(a) a person aged under 18 is convicted of a relevant offence,
(b) the offence was committed—
(i) when the person was aged 16 or over, and
(ii) on or after the relevant commencement date, and
(c) the offence was committed against an emergency worker acting in the exercise of functions as such a worker.
(2) The court must impose a sentence of detention for life under section 250 unless the court is of the opinion that there are exceptional circumstances which—
(a) relate to the offence or the offender, and
(b) justify not doing so.
(3) For the purposes of subsection (1)(c) the circumstances in which an offence is to be taken as committed against a person acting in the exercise of functions as an emergency worker include circumstances where the offence takes place at a time when the person is not at work but is carrying out functions which, if done in work time, would have been in the exercise of functions as an emergency worker.
(4) In this section “relevant offence” means the offence of manslaughter, but does not include—
(a) manslaughter by gross negligence, or
(b) manslaughter mentioned in section 2(3) or 4(1) of the Homicide Act 1957 or section 54(7) of the Coroners and Justice Act 2009 (partial defences to murder).
(5) In this section—
“emergency worker” has the meaning given by section 68;
“relevant commencement date” means the date on which section 3 of the Police, Crime, Sentencing and Courts Act 2022 (required life sentence for manslaughter of emergency worker) comes into force.
(6) 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.
(7) Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of subsection (1)(b) to have been committed on the last of those days.