Armed Forces Act 1981

2 Young service offenders: custodial orders. U.K.

[F1 (1) The following section shall be inserted after section 71A of the Army Act 1955 M1 and the Air Force Act 1955 M2 —

71AA “ Young service offenders : custodial orders.

(1) Where a person who has attained seventeen years of age but is under twenty-one years of age is foung guilty by a court-martial of an offence punishable under this Act with imprisonment, the court shall have power, instead of so punishing him, to make an order (in this section referred to as a “custodial order” ) committing him to be detained in accordance with the provisions of this section for a maximum period to be specified in the order of not more than two years.

(2) If a person is outside the United Kingdom at the time a custodial order is made in respect of him, he shall as soon as practicable after the confirmation of the sentence is completed be removed to the United Kingdom.

(3) A person in respect of whom a custodial order has been made shall be detained in such appropriate institution as the Secretary of State may direct, and any enactment applying to persons detained in any such institution shall apply to a person so detained under this section.

(4) A custodial order shall be sufficient authority for the detention of the person subject to it in service custody until he is received into the institution specified in the Secretary of State’s direction.

(5) Sections 71(3) and (4), 114(1), 118(1), 119A(1) and (3) and 145 of this Act shall apply in the case of a sentence under a custodial order as they apply in the case of a sentence of detention (or, in the case of section 71(3), imprisonment) ; and so shall sections 119(2), (4) and (5), 122, 123, 129, 142 and 190B for the period before a person sentenced under such an order is received into the institution where he is to be detained (or for the currency of the sentence if its term ends before he is so received).

(6) In this section “appropriate institution” means—

(a) where the offender is in or removed to England or Wales—

(i) if the maximum period specified in the order exceeds six months, a borstal institution, and

(ii) in any other case, a detention centre ;

(b) where the offender is in or removed to Scotland—

(i) in the case of a male person ordered to be detained for a period of at least twenty-eight days but not exceeding four months, a detention centre, and

(ii) in any other case, a young offenders institution ;

(c) where the offender is in or removed to Northern Ireland, a young offenders centre.

(7) This section does not apply to offenders who are civilians (as regards whom similar provision is made by paragraph 10 of Schedule 5A to this Act).”

(2) The following section shall be inserted after section 43A of the Naval Discipline Act 1957 M3 —

43AA “ Young service offenders : custodial orders.

(1) Where a person who has attained seventeen years of age but is under twenty-one years of age is found guilty by a court-martial of an offence punishable under this Act with imprisonment, the court shall have power, instead of so punishing him, to make an order (in this section referred to as a “custodial order”) committing him to be detained in accordance with the provisions of this section for aa maximum period to be specified in the order of not more than two years.

(2) If a person is outside the United Kingdom at the time a custodial order is made in respect of him, he shall as soon as practicable be removed to the United Kingdom.

(3) A person in respect of whom a custodial order has been made shall be detained in such appropriate institution as the Secretary of State may direct, and any enactment applying to persons detained in any such institution shall apply to a person so detained under this section.

(4) A custodial order shall be sufficient authority for the detention of the person subject to it in service custody until he is received into the institution specified in the Secretary of State’s direction.

(5) Sections 43(3) and (4), 85(1), 89(1) and (3) and 92(1) of this Act shall apply in the case of a sentence under a custodial order as they apply in the case of a sentence of detention (or, in the case of section 43(3), imprisonment) ; and so shall sections 81, 82, 87, 88, 104, 119 and 130A for the period before a person sentenced under such an order is received into the institution where he is to be detained (or for the currency of the sentence if its term ends before he is so received).

(6) In this section “appropriate institution” means—

(a) where the offender is in or removed to England or Wales—

(i) if the maxium period specified in the order exceeds six months, a borstal institution, and

(ii) in any other case, a detention centre ;

(b) where the offender is in or removed to Scotland—

(i) in the case of a male person ordered to be detained for a period of at least twenty-eight days but not exceeding four months, a detention centre, and

(ii) in any other case, a young offenders institution ;

(c) where the offender is in or removed to Northern Ireland, a young offenders centre.

(7) This section does not apply to offenders who are civilians (as regards whom similar provision is made by paragraph 10 of Schedule 4A to this Act).”

(3) Accordingly—

(a) the following paragraph shall be inserted after section 71(1)(b) of the Army Act 1955 M4 and the Air Force Act 1955 M5 —

“(bb) detention by virtue of a custodial order made under section 71AA of this Act ;”

(b) the following paragraph shall be inserted after section 43(1)(b) of the Naval Discipline Act 1957 M6 —

“(bb) detention by virtue of a custodial order made under section 43AA of this Act ;”]

Textual Amendments

F1 Ss. 2-8 repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Modifications etc. (not altering text)

C1 The text of ss. 2, 3, 4(2), 5, 6(1)(2)(3)(c)(4)(5)(6), 7, 8, 10–12, 15, 16, 18, 19, 20(3), 21–23, 24(2), 28(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M1 1955 c. 18.

M2 1955 c. 19

M3 1957 c. 53.

M4 1955 c. 18.

M5 1955 c. 19.

M6 1957 c. 53