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Young offenders: detention and training orders |
| Detention and training orders. |
69. - (1) Subject to section 53 of the 1933 Act, section 8 of the Criminal Justice Act 1982 ("the 1982 Act") and subsection (2) below, where-
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(a) a child or young person ("the offender") is convicted of an offence which is punishable with imprisonment in the case of a person aged 21 or over; and |
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(b) the court is of the opinion that either or both of paragraphs (a) or (b) of subsection (2) of section 1 of the 1991 Act apply or the case falls within subsection (3) of that section, |
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the sentence that the court is to pass is a detention and training order.
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(2) A court shall not make a detention and training order-
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(a) in the case of an offender under the age of 15 at the time of the conviction, unless it is of the opinion that he is a persistent offender; |
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(b) in the case of an offender under the age of 12 at that time, unless- |
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(i) it is of the opinion that only a custodial sentence would be adequate to protect the public from further offending by him; and
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(ii) the offence was committed on or after such date as the Secretary of State may by order appoint.
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(3) A detention and training order is an order that the offender in respect of whom it is made shall be subject, for the term specified in the order, to a period of detention and training followed by a period of supervision.
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(4) A detention and training order shall be a custodial sentence for the purposes of Part I of the 1991 Act; and the provisions of sections 1 to 4 of that Act shall apply accordingly.
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(5) Subject to subsection (6) below, the term of a detention and training order shall be 4, 6, 8, 10, 12, 18 or 24 months.
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(6) The term of a detention and training order may not exceed the maximum term of imprisonment that the Crown Court could (in the case of an offender aged 21 or over) impose for the offence.
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(7) The following provisions, namely-
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(a) section 1B of the 1982 Act (detention in young offender institutions: special provision for offenders under 18); and |
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(b) sections 1 to 4 of the 1994 Act (secure training orders), |
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which are superseded by this section and sections 70 to 74 below, shall cease to have effect.
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| Duties and powers of court. |
70. - (1) On making a detention and training order in a case where subsection (2) of section 69 above applies, it shall be the duty of the court (in addition to the duty imposed by section 1(4) of the 1991 Act) to state in open court that it is of the opinion mentioned in paragraph (a) or, as the case may be, paragraphs (a) and (b)(i) of that subsection.
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(2) Subject to subsection (3) below, where-
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(a) an offender is convicted of more than one offence for which he is liable to a detention and training order; or |
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(b) an offender who is subject to a detention and training order is convicted of one or more further offences for which he is liable to such an order, |
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the court shall have the same power to pass consecutive detention and training orders as if they were sentences of imprisonment.
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(3) A court shall not make in respect of an offender a detention and training order the effect of which would be that he would be subject to detention and training orders for an aggregate term which exceeds 24 months.
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(4) Where the aggregate term of the detention and training orders to which an offender would otherwise be subject exceeds 24 months, the excess shall be treated as remitted.
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(5) Where an offender who-
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(a) is subject to a detention and training order; and |
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is convicted of one or more further offences for which he is liable to a sentence of detention in a young offender institution, the court shall have the power to pass one or more sentences of detention in a young offender institution to run consecutively to the detention and training order.
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(6) In determining the term of a detention and training order for an offence, the court shall take account of any period for which the offender has been remanded in custody in connection with the offence, or any other offence the charge for which was founded on the same facts or evidence.
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(7) The reference in subsection (6) above to an offender being remanded in custody is a reference to his being-
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(a) held in police detention; |
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(b) remanded in or committed to custody by an order of a court; |
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(c) remanded or committed to local authority accommodation under section 23 of the 1969 Act and placed and kept in secure accommodation; or |
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(d) remanded, admitted or removed to hospital under section 35, 36, 38 or 48 of the Mental Health Act 1983. |
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(8) A person is in police detention for the purposes of subsection (7) above-
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(a) at any time when he is in police detention for the purposes of the 1984 Act; and |
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(b) at any time when he is detained under section 14 of the Prevention of Terrorism (Temporary Provisions) Act 1989; |
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and in that subsection "secure accommodation" has the same meaning as in section 23 of the 1969 Act.
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(9) For the purpose of any reference in this section or sections 71 to 74 below to the term of a detention and training order, consecutive terms and terms which are wholly or partly concurrent shall be treated as a single term.
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| The period of detention and training. |
71. - (1) An offender shall serve the period of detention and training under a detention and training order in such secure accommodation as may be determined by the Secretary of State or by such other person as may be authorised by him for that purpose.
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(2) Subject to subsections (3) to (5) below, the period of detention and training under a detention and training order shall be one-half of the term of the order.
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(3) The Secretary of State may at any time release the offender if he is satisfied that exceptional circumstances exist which justify the offender's release on compassionate grounds.
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(4) The Secretary of State may release the offender-
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(a) in the case of an order for a term of 8 months or more but less than 18 months, one month before the half-way point of the term of the order; and |
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(b) in the case of an order for a term of 18 months or more, one month or two months before that point. |
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(5) If the youth court so orders on an application made by the Secretary of State for the purpose, the Secretary of State shall release the offender-
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(a) in the case of an order for a term of 8 months or more but less than 18 months, one month after the half-way point of the term of the order; and |
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(b) in the case of an order for a term of 18 months or more, one month or two months after that point. |
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(6) An offender detained in pursuance of a detention and training order shall be deemed to be in legal custody.
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(7) In this section and sections 73 and 74 below "secure accommodation" means-
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(a) a secure training centre; |
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(b) a young offender institution; |
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(c) accommodation provided by a local authority for the purpose of restricting the liberty of children and young persons; |
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(d) accommodation provided for that purpose under subsection (5) of section 82 of the 1989 Act (financial support by the Secretary of State); or |
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(e) such other accommodation provided for the purpose of restricting liberty as the Secretary of State may direct. |
| The period of supervision. |
72. - (1) The period of supervision of an offender who is subject to a detention and training order-
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(a) shall begin with the offender's release, whether at the half-way point of the term of the order or otherwise; and |
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(b) subject to subsection (2) below, shall end when the term of the order ends. |
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(2) The Secretary of State may by order provide that the period of supervision shall end at such point during the term of a detention and training order as may be specified in the order under this subsection.
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(3) During the period of supervision, the offender shall be under the supervision of-
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(b) a social worker of a local authority social services department; or |
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(c) a member of a youth offending team; |
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and the category of person to supervise the offender shall be determined from time to time by the Secretary of State.
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(4) Where the supervision is to be provided by a probation officer, the probation officer shall be an officer appointed for or assigned to the petty sessions area within which the offender resides for the time being.
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(5) Where the supervision is to be provided by-
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(a) a social worker of a local authority social services department; or |
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(b) a member of a youth offending team, |
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the social worker or member shall be a social worker of, or a member of a youth offending team established by, the local authority within whose area the offender resides for the time being.
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(6) The offender shall be given a notice from the Secretary of State specifying-
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(a) the category of person for the time being responsible for his supervision; and |
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(b) any requirements with which he must for the time being comply. |
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(7) A notice under subsection (6) above shall be given to the offender-
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(a) before the commencement of the period of supervision; and |
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(b) before any alteration in the matters specified in subsection (6)(a) or (b) above comes into effect. |
| Breaches of supervision requirements. |
73. - (1) Where a detention and training order is in force in respect of an offender and it appears on information to a justice of the peace acting for a relevant petty sessions area that the offender has failed to comply with requirements under section 72(6)(b) above, the justice-
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(a) may issue a summons requiring the offender to appear at the place and time specified in the summons before a youth court acting for the area; or |
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(b) if the information is in writing and on oath, may issue a warrant for the offender's arrest requiring him to be brought before such a court. |
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(2) For the purposes of this section a petty sessions area is a relevant petty sessions area in relation to a detention and training order if-
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(a) the order was made by a youth court acting for it; or |
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(b) the offender resides in it for the time being. |
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(3) If it is proved to the satisfaction of the youth court before which an offender appears or is brought under this section that he has failed to comply with requirements under section 72(6)(b) above, that court may-
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(a) order the offender to be detained, in such secure accommodation as the Secretary of State may determine, for such period, not exceeding the shorter of three months or the remainder of the term of the detention and training order, as the court may specify; or |
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(b) impose on the offender a fine not exceeding level 3 on the standard scale. |
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(4) An offender detained in pursuance of an order under subsection (3) above shall be deemed to be in legal custody; and a fine imposed under that subsection shall be deemed, for the purposes of any enactment, to be a sum adjudged to be paid by a conviction.
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