 | |
| |
CHAPTER II |
| |
DETENTION AND CUSTODY OF YOUNG OFFENDERS |
| |
Restriction on imposing imprisonment on persons under 21 |
| Restriction on imposing imprisonment on persons under 21. |
89. - (1) Subject to subsection (2) below, no court shall-
|
| |
(a) pass a sentence of imprisonment on a person for an offence if he is aged under 21 when convicted of the offence; or |
| |
(b) commit a person aged under 21 to prison for any reason. |
| |
(2) Nothing in subsection (1) above shall prevent the committal to prison of a person aged under 21 who is-
|
| |
|
| |
(b) committed in custody for trial or sentence; or |
| |
(c) sent in custody for trial under section 51 of the Crime and Disorder Act 1998. |
| |
Detention at Her Majesty's pleasure or for specified period |
| Offenders who commit murder when under 18: duty to detain at Her Majesty's pleasure. |
90. Where a person convicted of murder appears to the court to have been aged under 18 at the time the offence was committed, the court shall (notwithstanding anything in this or any other Act) sentence him to be detained during Her Majesty's pleasure.
|
| Offenders under 18 convicted of certain serious offences: power to detain for specified period. |
91. - (1) Subsection (3) below applies where a person aged under 18 is convicted on indictment of-
|
| |
(a) an offence punishable in the case of a person aged 21 or over with imprisonment for 14 years or more, not being an offence the sentence for which is fixed by law; or |
| |
(b) an offence under section 14 of the Sexual Offences Act 1956 (indecent assault on a woman); or |
| |
(c) an offence under section 15 of that Act (indecent assault on a man) committed after 30th September 1997. |
| |
(2) Subsection (3) below also applies where a person aged at least 14 but under 18 is convicted of an offence under-
|
| |
(a) section 1 of the Road Traffic Act 1988 (causing death by dangerous driving); or |
| |
(b) section 3A of that Act (causing death by careless driving while under influence of drink or drugs). |
| |
(3) If the court is of the opinion that none of the other methods in which the case may legally be dealt with is suitable, the court may sentence the offender to be detained for such period, not exceeding the maximum term of imprisonment with which the offence is punishable in the case of a person aged 21 or over, as may be specified in the sentence.
|
| |
(4) Subsection (3) above is subject to (in particular) sections 79 and 80 above.
|
| Detention under sections 90 and 91: place of detention etc. |
92. - (1) A person sentenced to be detained under section 90 or 91 above shall be liable to be detained in such place and under such conditions-
|
| |
(a) as the Secretary of State may direct; or |
| |
(b) as the Secretary of State may arrange with any person. |
| |
(2) A person detained pursuant to the directions or arrangements made by the Secretary of State under this section shall be deemed to be in legal custody.
|
| |
(3) A direction of the Secretary of State under this section may be signified only-
|
| |
(a) under the hand of the Secretary of State or an Under-Secretary of State or an Assistant Under-Secretary; or |
| |
(b) under the hand of an authorised officer; |
| |
and arrangements of the Secretary of State under this section may be signified only as mentioned in paragraph (a) above.
|
| |
Custody for life |
| Duty to impose custody for life in certain cases where offender under 21. |
93. Where a person aged under 21 is convicted of murder or any other offence the sentence for which is fixed by law as imprisonment for life, the court shall sentence him to custody for life unless he is liable to be detained under section 90 above.
|
| Power to impose custody for life in certain other cases where offender at least 18 but under 21. |
94. - (1) Where a person aged at least 18 but under 21 is convicted of an offence-
|
| |
(a) for which the sentence is not fixed by law, but |
| |
(b) for which a person aged 21 or over would be liable to imprisonment for life, |
| |
the court shall, if it considers that a sentence for life would be appropriate, sentence him to custody for life.
|
| |
(2) Subsection (1) above is subject to (in particular) sections 79 and 80 above, but this subsection does not apply in relation to a sentence which falls to be imposed under section 109(2) below.
|
| Custody for life: place of detention. |
95. - (1) Subject to section 22(2)(b) of the Prison Act 1952 (removal to hospital etc.), an offender sentenced to custody for life shall be detained in a young offender institution unless a direction under subsection (2) below is in force in relation to him.
|
| |
(2) The Secretary of State may from time to time direct that an offender sentenced to custody for life shall be detained in a prison or remand centre instead of a young offender institution.
|
