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Section 248 Detention and training orders: interpretationI1C1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

In section 241 and Schedule 12 “youth detention accommodation” means—

(a)

a secure training centre,

(b)

a secure college,

(ba)

F1a 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 F2and 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)

F3a 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).

Annotations

Textual amendments

F1

S. 248(1)(ba) inserted (28.4.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 164(3), 208(4)(t)

F2

Words in s. 248(2) substituted (11.5.2026) by Sentencing Act 2026 (c. 2), s. 49(1), Sch. 5 para. 11(5) (with s. 34(4)(5)); S.I. 2026/402, reg. 2(b)

F3

S. 248(4)(aa) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 26(12)

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)

Commencement

I1

S. 248 in force at 1.12.2020 by S.I. 2020/1236, reg. 2