Sentencing Act 2020

Detention and training orders: offenders aged under 12

27 (1) In section 234 (detention and training order: availability)—

(a) in subsection (1), in paragraph (a), omit “, but at least 12,”;

(b) after that paragraph insert—

“(aa) in a case where the offender is aged under 12 at that time, the offence was committed on or after the date on which paragraph 27 of Schedule 22 comes into force,”.

(2) In section 235 (exercise of power to make of detention and training order), after subsection (3) insert—

“(3A) If the offender is aged under 12 when convicted the court may not make a detention and training order unless it is of the opinion that only a custodial sentence would be adequate to protect the public from further offending by the offender.”

(3) In section 180 (exercise of powers to make orders with intensive supervision and surveillance or fostering), in subsection (2)(a)(ii) (appropriateness of custodial sentence to be assessed in case of offender aged under 12 as if offender were 12), after “convicted” insert “and the offence was committed before the date on which paragraph 27 of Schedule 22 comes into force”.