CRIMINALYoung offenders - detention and training order - no power to impose consecutive to detention under s.53(2) of the Children and Young Persons Act 1933R v Hayward and another: CA (Otton LJ, Hidden J and Judge Brown): 30 November 2000The first defendant, aged 17 and on bail, and the second defendant, aged 19, became involved in an incident with other youths which escalated into a fight.

They were convicted of affray contrary to s.3 of the Public Order Act 1986.

The trial judge imposed on the first defendant a ten-month detention and training order under s.73 of the Crime and Disorder Act 1998, to run consecutive to a sentence of five years' detention under s.53(2) of the Children and Young Persons Act 1933 (as amended by s.16 of the Criminal Justice and Public Order Act 1994) for a different offence.

The second defendant was sentenced to 18 months' detention in a young offenders' institution.

They appealed against sentence.James Scobie (instructed by Ronald Prior & Co, Walthamstow) for the defendants.

David Radcliffe (instructed by the Crown Prosecution Service, Stratford) for the Crown.Held, allowing the appeal, that the court had no power to make a detention and training order to run consecutively to a detention order under s.53(2) of the 1933 Act; that, accordingly, the detention and training order made in respect of the first defendant would be quashed and no separate penalty imposed; and that the second defendant's sentence would be reduced to nine months.

(WLR)