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Section 238 Offender subject to more than one order: maximum overall termI1C1C2

(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.

C3(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 F1... and Schedule 12 as a single term.

(4)

See section 248 for the meaning of “relevant detention and training order”.

Annotations

Textual amendments

F1

Words in s. 238(3) omitted (11.5.2026) by virtue of Sentencing Act 2026 (c. 2), s. 49(1), Sch. 5 para. 11(4) (with s. 34(4)(5)); S.I. 2026/402, reg. 2(b)

Modifications

C1

Ss. 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)

C2

Ss. 237-240 modified by 2006 c. 52, s. 213(2)(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)

C3

S. 238(3) applied by 2006 c. 52, s. 215 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 35 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement

I1

S. 238 in force at 1.12.2020 by S.I. 2020/1236, reg. 2