McGeechan, R. v

Where a person remains subject to the supervision element of a detention and training order, a later sentence of detention in a young offender institution must take effect immediately under section 106 of the Powers of Criminal Courts (Sentencing) Act 2000. It cannot be ordered to run consecutively to detention imposed under section 105 for an imprisonable offence committed during that supervision period.

Section 105 detention is distinct from the original detention and training order. That distinction does not prevent section 106 from applying while the offender remains subject to the order's supervision period. The court may impose all or part of the available section 105 detention period and should have regard to relevant compliance and the nature of the new offending.

The applicant had been made subject to a 24-month detention and training order in 2017. Following release from its detention element, he was serving its supervision period when he committed dangerous driving and related offences in August 2018.

At Leicester Crown Court, he received 12 months' detention in a young offender institution for dangerous driving and 9 months and 18 days' detention under section 105 of the Powers of Criminal Courts (Sentencing) Act 2000. The judge directed the dangerous-driving sentence to run consecutively to the breach detention.

He appealed on the grounds that the court lacked power to impose consecutive detention, that the breach detention should have been shorter, and that the dangerous-driving sentence was manifestly excessive.

1. Appeal allowed in part. The court granted leave and held that the sentence for dangerous driving could not lawfully be directed to run consecutively to the detention imposed for offending during the supervision period of the detention and training order.

2. Section 105 of the Powers of Criminal Courts (Sentencing) Act 2000, read alone, permits detention for a new imprisonable offence during the supervision period to be served before, or concurrently with, the sentence for that offence. However, section 106(1)(a) requires a sentence of detention in a young offender institution to take effect at the beginning of the day on which it is passed where the offender has been released from the detention element of a detention and training order. The former provision making section 106 subject to section 105(3)(a) had been repealed. Parliament therefore intended the immediate-effect rule to prevail.

3. Detention ordered under section 105 is a discrete form of detention, not a further detention and training order. It is not limited to the standard terms for such orders and must be served in full. Nevertheless, the applicant remained subject to the supervision element of the 2017 order when sentenced. Section 106 was therefore engaged and required the 12-month sentence to run concurrently with the breach detention.

4. The court reduced the breach detention from 9 months and 18 days to 6 months. It gave appropriate recognition to the applicant's compliance during the earlier part of the supervision period and to the different character of the new offending. The 12-month sentence for dangerous driving was justified by the deliberate and dangerous driving, injuries, damage, and the applicant's previous record. It was not manifestly excessive.

5. The breach detention was made concurrent with the 12-month sentence, producing a total period of 12 months' detention in a young offender institution. The driving disqualification was reduced to 30 months.

• Court of Appeal (Criminal Division): Allowed the sentence appeal in part and varied the detention and disqualification orders.

• Leicester Crown Court: On 3 October 2018, imposed 12 months' detention in a young offender institution for dangerous driving and 9 months and 18 days' detention under section 105 of the Powers of Criminal Courts (Sentencing) Act 2000, directed consecutively.