Paragraph 5 I1

(1)

Where—

(a)

a court makes a further detention order for a failure to comply with a supervision requirement under a detention and training order, and

(b)

the offender—

(i)

is also subject to a different detention and training order which is a relevant detention and training order (see section 248(3)), and

(ii)

has not at any time been released for supervision under that other order,

the court may order that the further detention order is to take effect at the time when the offender would otherwise be released for supervision under the relevant detention and training order mentioned in paragraph (b).

C1(2)

Subject to sub-paragraph (3), where at any time an offender is subject concurrently to—

(a)

a relevant detention and training order (see section 248(3)), and

(b)

a further detention order,

the offender is to be treated for the purposes of sections 241 to 243 and this Schedule as if subject only to the detention and training order.

(3)

Nothing in sub-paragraph (2) requires the offender to be released in respect of either the relevant detention and training order or the further detention order unless and until the offender is required to be released in respect of each of them.

Annotations

Modifications

C1: Sch. 12 para. 5(2) modified by 2006 c. 52, s. 213(5) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 33(4) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement

I1: Sch. 12 para. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Notes on Schedule 12

Modifications

C1: Sch. 12 modified by 2006 c. 52, s. 213(1)(b) (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)