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Section 264 Suspended sentence order for offender under 21: availabilityI1C1C2

(1)

This section applies where, in dealing with an offender for an offence, the court imposes a sentence of detention in a young offender institution.

(2)

A suspended sentence order (see section 286) is available in relation to that sentence if the term of the sentence of detention in a young offender institution is not more than F1the maximum term.

F2(2A)

But a suspended sentence order is not available in relation to that sentence if—

(a)

in a case where the offender is convicted of the offence before the day on which section 2 of the Sentencing Act 2026 comes into force, subsection (3) applies, or

(b)

in a case where the offender is convicted of the offence on or after that day, subsection (3) or (3A) applies.

(3)

F3This subsection applies if—

(a)

the sentence of detention in a young offender institution is one of two or more sentences imposed on the same occasion which are to be served consecutively, and

(b)

the terms of those sentences are in aggregate more than F4the maximum term.

F5(3A)

This subsection applies if—

(a)

the court imposes a sentence under section 265 (adult offenders of particular concern aged under 21) or 266 (extended sentence for adults aged under 21) in respect of the offence, or

(b)

the court imposes a sentence under either of those sections or under section 278 (adult offenders of particular concern aged 21 and over) or 279 (extended sentence for adults aged 21 or over) in respect of any other offence for which a sentence is imposed on the same occasion.

(3B)

For the purposes of this section—

(a)

if the offender is convicted of the offence before the day on which section 2 of the Sentencing Act 2026 comes into force, the maximum term is 2 years;

(b)

if the offender is convicted of the offence on or after that day, the maximum term is 3 years.

(4)

For provision about suspended sentences see Chapter 5 .

Annotations

Textual amendments

F1

Words in s. 264(2) substituted (22.3.2026) by Sentencing Act 2026 (c. 2), ss. 2(2)(a), 49(4)

F2

S. 264(2A) inserted (22.3.2026) by Sentencing Act 2026 (c. 2), ss. 2(2)(b), 49(4)

F3

Words in s. 264(3) substituted (22.3.2026) by Sentencing Act 2026 (c. 2), ss. 2(2)(c)(i), 49(4)

F4

Words in s. 264(3)(b) substituted (22.3.2026) by Sentencing Act 2026 (c. 2), ss. 2(2)(c)(ii), 49(4)

F5

S. 264(3A)(3B) inserted (22.3.2026) by Sentencing Act 2026 (c. 2), ss. 2(2)(d), 49(4)

Modifications

C1

S. 264 modified by 2006 c. 52, s. 200(1)(a) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C2

S. 264 applied (with modifications) (22.3.2026) by 2006 c. 52, s. 200ZA(1) (as inserted by Sentencing Act 2026 (c. 2), ss. 2(8), 49(4))

Commencement

I1

S. 264 in force at 1.12.2020 by S.I. 2020/1236, reg. 2