The Treatment of Offenders (Northern Ireland) Order 1989

Remand or committal to custody of persons aged between 17 and 21 N.I.

13.—(1) Where a person of not less thanF1 17 but under 21 years of age—

(a) is—

(i) charged with an offence and committed in custody for trial; or

(ii) charged with or convicted of an offence and remanded in custody; and

(b) is committed to prison;

the Secretary of State may direct that he be removed to a young offenders centre.

(2) Where—

(a) immediately before a person is brought before a court he is detained in a young offenders centre (whether by virtue of this Article, of any other statutory provision or of any order of a court); and

(b) the court decides to remand that person in custody, that court shall commit him to custody in the young offenders centre referred to in sub‐paragraph ( a ).

(3) The Secretary of State may direct—

(a) that a person removed to a young offenders centre under paragraph (1) or sub‐paragraph ( b ) or committed to a young offenders centre under paragraph (2) be removed to prison;

(b) that a person removed to prison under sub‐paragraph ( a ) be removed to a young offenders centre.

(4) A person who is—

(a) committed or removed to a young offenders centre under this Article; or

(b) removed to prison under this Article,

shall, subject to paragraph (3), be detained in the place to which he is removed or committed for the period for which he is remanded in custody or until he is thence delivered in due course of law.

(5) In section 2 of the Treatment of Offenders Act (Northern Ireland) 1968F2 for paragraph ( a ) there shall be substituted the following paragraph—

“(a) young offenders centres, that is to say, places—

(i) in which offenders, who have been ordered to be detained therein under any enactment, may be kept for suitable training and instruction; and

(ii) in which persons not less than 14 but under 21 years of age who are either remanded in custody or committed in custody for trial may be detained in accordance with any enactment.” .

(6) This Article shall cease to have effect on the day appointed by order under section 36(3) of the Treatment of Offenders Act (Northern Ireland) 1968 for the coming into operation of section 9 of that Act.

F1 prosp. subst. by 2002 c. 26

F2 1968 c. 29 (N.I.)