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Detention in a young offender institution |
| Detention in a young offender institution for other cases where offender at least 18 but under 21. |
96. Subject to sections 90, 93 and 94 above, where-
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(a) a person aged at least 18 but under 21 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) and (b) of section 79(2) above apply or the case falls within section 79(3), |
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the sentence that the court is to pass is a sentence of detention in a young offender institution.
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| Term of detention in a young offender institution, and consecutive sentences. |
97. - (1) The maximum term of detention in a young offender institution that a court may impose for an offence is the same as the maximum term of imprisonment that it may impose for that offence.
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(2) Subject to subsection (3) below, a court shall not pass a sentence for an offender's detention in a young offender institution for less than 21 days.
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(3) A court may pass a sentence of detention in a young offender institution for less than 21 days for an offence under section 65(6) of the Criminal Justice Act 1991 (breach of requirement imposed on young offender on his release from detention).
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(4) Where-
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(a) an offender is convicted of more than one offence for which he is liable to a sentence of detention in a young offender institution, or |
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(b) an offender who is serving a sentence of detention in a young offender institution is convicted of one or more further offences for which he is liable to such a sentence, |
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the court shall have the same power to pass consecutive sentences of detention in a young offender institution as if they were sentences of imprisonment.
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(5) Subject to section 84 above (restriction on consecutive sentences for released prisoners), where an offender who-
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(a) is serving a sentence of detention in a young offender institution, and |
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is convicted of one or more further offences for which he is liable to imprisonment, the court shall have the power to pass one or more sentences of imprisonment to run consecutively upon the sentence of detention in a young offender institution.
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| Detention in a young offender institution: place of detention. |
98. - (1) Subject to section 22(2)(b) of the Prison Act 1952 (removal to hospital etc.), an offender sentenced to detention in a young offender institution shall be detained in such an institution unless a direction under subsection (2) below is in force in relation to him.
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(2) The Secretary of State may from time to time direct that an offender sentenced to detention in a young offender institution shall be detained in a prison or remand centre instead of a young offender institution.
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Conversion of sentence of detention or custody to sentence of imprisonment |
| Conversion of sentence of detention or custody to sentence of imprisonment. |
99. - (1) Subject to the following provisions of this section, where an offender has been sentenced to a term of detention in a young offender institution and either-
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(a) he has attained the age of 21, or |
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(b) he has attained the age of 18 and has been reported to the Secretary of State by the board of visitors of the institution in which he is detained as exercising a bad influence on the other inmates of the institution or as behaving in a disruptive manner to the detriment of those inmates, |
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the Secretary of State may direct that he shall be treated as if he had been sentenced to imprisonment for the same term.
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(2) An offender who by virtue of this section falls to be treated as if he had been sentenced to imprisonment instead of detention in a young offender institution shall not be so treated for the purposes of section 65 of the Criminal Justice Act 1991 (supervision of young offenders after release).
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(3) Where the Secretary of State gives a direction under subsection (1) above in relation to an offender, the portion of the term of detention in a young offender institution imposed by the sentence of detention in a young offender institution which he has already served shall be deemed to have been a portion of a term of imprisonment.
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(4) Rules under section 47 of the Prison Act 1952 may provide that any award for an offence against discipline made in respect of an offender serving a sentence of detention in a young offender institution shall continue to have effect after a direction under subsection (1) above has been given in relation to him.
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(5) This section applies to a person-
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(a) who is detained under section 90 or 91 above, or |
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(b) who is serving a sentence of custody for life, |
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as it applies to a person serving a sentence of detention in a young offender institution.
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Detention and training orders |
| Offenders under 18: detention and training orders. |
100. - (1) Subject to sections 90, 91 and 93 above and subsection (2) below, where-
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(a) a child or young person (that is to say, any person aged under 18) 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) and (b) of section 79(2) above apply or the case falls within section 79(3), |
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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) On making a detention and training order in a case where subsection (2) above applies, it shall be the duty of the court (in addition to the duty imposed by section 79(4) above) 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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| Term of order, consecutive terms and taking account of remands. |
101. - (1) Subject to subsection (2) below, the term of a detention and training order made in respect of an offence (whether by a magistrates' court or otherwise) shall be 4, 6, 8, 10, 12, 18 or 24 months.
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(2) 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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(3) Subject to subsections (4) and (6) below, a court making a detention and training order may order that its term shall commence on the expiry of the term of any other detention and training order made by that or any other court.
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(4) 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 a term which exceeds 24 months.
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(5) Where the 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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(6) A court making a detention and training order shall not order that its term shall commence on the expiry of the term of a detention and training order under which the period of supervision has already begun (under section 103(1) below).
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(7) Where a detention and training order ("the new order") is made in respect of an offender who is subject to a detention and training order under which the period of supervision has begun ("the old order"), the old order shall be disregarded in determining-
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(a) for the purposes of subsection (4) above whether the effect of the new order would be that the offender would be subject to detention and training orders for a term which exceeds 24 months; and |
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(b) for the purposes of subsection (5) above whether the term of the detention and training orders to which the offender would (apart from that subsection) be subject exceeds 24 months. |
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(8) 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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(9) Where a court proposes to make detention and training orders in respect of an offender for two or more offences-
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(a) subsection (8) above shall not apply; but |
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(b) in determining the total term of the detention and training orders it proposes to make in respect of the offender, the court shall take account of the total period (if any) for which he has been remanded in custody in connection with any of those offences, or any other offence the charge for which was founded on the same facts or evidence. |
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(10) Once a period of remand has, under subsection (8) or (9) above, been taken account of in relation to a detention and training order made in respect of an offender for any offence or offences, it shall not subsequently be taken account of (under either of those subsections) in relation to such an order made in respect of the offender for any other offence or offences.
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(11) Any reference in subsection (8) or (9) above to an offender's 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 Children and Young Persons Act 1969 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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(12) A person is in police detention for the purposes of subsection (11) above-
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(a) at any time when he is in police detention for the purposes of the Police and Criminal Evidence Act 1984; 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 Children and Young Persons Act 1969.
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(13) For the purpose of any reference in sections 102 to 105 below to the term of a detention and training order, consecutive terms of such orders and terms of such orders which are wholly or partly concurrent shall be treated as a single term if-
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(a) the orders were made on the same occasion; or |
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(b) where they were made on different occasions, the offender has not been released (by virtue of subsection (2), (3), (4) or (5) of section 102 below) at any time during the period beginning with the first and ending with the last of those occasions. |
