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Section 78: Offences during currency of order

Crime and Disorder Act 1998 · 1998 c. 37View on legislation.gov.uk

This provision is repealed
It is retained for historical reference and may not reflect the law currently in force.

Part IV: Dealing with offenders — Chapter I: England and Wales

REPEALED on 2000-08-25 by 2000 c.6, s.165.

The text below is the provision as originally enacted. It is historical and may not include amendments made before this status change. View the enacted source.

This section applies to a person subject to a detention and training order if—

after his release and before the date on which the term of the order ends, he commits an offence punishable with imprisonment in the case of a person aged 21 or over; and
whether before or after that date, he is convicted of that offence (“the new offence”).

Subject to section 7(8) of the 1969 Act, the court by or before which a person to whom this section applies is convicted of the new offence may, whether or not it passes any other sentence on him, order him to be detained in such secure accommodation as the Secretary of State may determine for the whole or any part of the period which—

begins with the date of the court’s order; and
is equal in length to the period between the date on which the new offence was committed and the date mentioned in subsection (1) above.

The period for which a person to whom this section applies is ordered under subsection (2) above to be detained in secure accommodation—

shall, as the court may direct, either be served before and be followed by, or be served concurrently with, any sentence imposed for the new offence; and
in either case, shall be disregarded in determining the appropriate length of that sentence.

Where the new offence is found to have been committed over a period of two or more days, or at some time during a period of two or more days, it shall be taken for the purposes of this section to have been committed on the last of those days.

A person detained in pursuance of an order under subsection (2) above shall be deemed to be in legal custody.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.