Criminal Justice Act 1982

7 Paragraph 10 of Schedule 5A to the Army Act 1955 and to the Air Force Act 1955 and Schedule 4A to the Naval Discipline Act 1957 (custodial orders) shall have effect subject to the following amendments—

(a) in sub-paragraph (1)—

(i) for the words " instead of so punishing him " there shall be substituted the words " subject to subsection (1A) below "; and

(ii) for the words from "for" to the end there shall be substituted the words—

“(a) if the order is made by a court-martial, for a period to be specified in the order not exceeding the maximum period for which he could have been sentenced to imprisonment if he had attained the age of 21 ; or

(b) if it is made by a Standing Civilian Court, for a period of not more than six months.”;

(b) the following sub-paragraphs shall be inserted after that sub-paragraph—

“(1A) The court shall not make a custodial order in respect of an offender unless it is of the opinion that no other method of dealing with him is appropriate.

(1B) For the purposes of determining whether there is any appropriate method of dealing with an offender other than making a custodial order in respect of him the court shall obtain and consider information about the circumstances, and shall take into account any information before the court which is relevant to his character and his mental and physical condition.”;

(c) the following sub-paragraphs shall be inserted after subparagraph (3)—

“(3A) Where a Standing Civilian Court makes a custodial order in respect of an offender, it shall state in open court the reason for its opinion that no other method of dealing with him is appropriate.

(3B) A Standing Civilian Court shall cause a reason stated under sub-paragraph (3A) above to be specified in the custodial order and to be recorded in the proceedings.”;

(d) in sub-paragraph (6)(a) the following paragraphs shall be substituted for paragraphs (i) and (ii)—

“(i) if the period specified in the order is four months or less and he is male, a detention centre, and

(ii) in any other case, any place where he could have been detained under section 12 of the Criminal Justice Act 1982 if he had been sentenced to youth custody for the period specified in the order ;”;

(e) the following sub-paragraph shall be inserted after that subparagraph—

“(6A) Section 15 of the Criminal Justice Act 1982 (release of young offenders) shall apply to persons released from a term of detention under a custodial order as it applies to persons released from a term of detention under a detention centre order or a term of youth custody.”.