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Criminal Justice and Court Services Act 2000
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This version of this provision is prospective.
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The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
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Changes to legislation:
Criminal Justice and Court Services Act 2000, Section 61 is up to date with all changes known to be in force on or before 21 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 61:
- s. 64(1)(a) (aa) substituted for s. 64(1)(a) by 2003 c. 44 s. 266(2)
- s. 64(4A) inserted by 2003 c. 44 s. 266(3)
- s. 64(5)(f) and word inserted by 2003 c. 44 s. 266(4)
- s. 64(8) words inserted by 2021 c. 11 Sch. 13 para. 38(5)
- Sch. 1A para. 5(7)(8) inserted by 2024 c. 21 s. 26(3)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 64(1)(a) (aa) substituted for s. 64(1)(a) by 2003 c. 44 s. 266(2)
- s. 64(4A) inserted by 2003 c. 44 s. 266(3)
- s. 64(5)(f) and word inserted by 2003 c. 44 s. 266(4)
- s. 64(8) words inserted by 2021 c. 11 Sch. 13 para. 38(5)
- Sch. 1A para. 5(7)(8) inserted by 2024 c. 21 s. 26(3)
Prospective
61 Abolition of sentences of detention in a young offender institution, custody for life, etc.U.K.
This section has no associated Explanatory Notes
(1)No court is to pass a sentence of detention in a young offender institution or a sentence of custody for life, and no court is to make a custodial order except in relation to a person who is aged at least 17 but under 18.
(2)No court is to commit a person to be detained under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention of persons aged at least 18 but under 21 for default or contempt) or make an order fixing a term of detention under that section.
(3)A person who—
(a)has been sentenced (before the coming into force of this section) to a term of detention in a young offender institution, to custody for life or to a custodial order, and
(b)is aged at least 18 but under 21,
may be detained in a young offender institution, or in a prison, determined by the Secretary of State.
(4)A person—
(a)who has been committed (before the coming into force of this section) to be detained under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000 or in respect of whom an order fixing a term of detention under that section has been made (before the coming into force of this section), and
(b)who is aged under 21,
may be detained in a young offender institution, or in a prison, determined by the Secretary of State.
(5)A person who has been sentenced to imprisonment and is aged under 21 may be detained—
(a)in a prison, or
(b)in a young offender institution in which one or more persons mentioned in subsection (3) or (4) are detained,
determined by the Secretary of State.
(6)A determination of the Secretary of State under this section may be made in respect of an individual or any description of individuals.
F1(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)In this section—
“court” includes a court-martial and a Standing Civilian Court,
“custodial order” means an order under—
(9)On the coming into force of this section—
(a)paragraph (b) of the definition of “qualifying sentence” in section 30(1), and
(b)paragraph (b) of the definition of “relevant sentence” in section 69(7),
are omitted.
Extent Information
E1S. 61 extends to U.K., see s. 81(1)(2)(c)
Textual Amendments
F1S. 61(7) repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
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