A magistrates’ court that has power to commit to prison a person convicted of an offence, or would have that power but for section 82 or 88 above, may order him to be detained within the precincts of the court-house or at any police station until such hour, not later than 8 o’clock in the evening of the day on which the order is made, as the court may direct, and, if it does so, shall not, where it has power to commit him to prison, exercise that power.

A court shall not make such an order under this section as will deprive the offender of a reasonable opportunity of returning to his abode on the day of the order.

This section shall have effect in relation to a person F3aged 18 or over but less than 21 as if references in it to prison were references to detention under F4section 108 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention of persons F3aged 18 to 20 for default).

A magistrates’ court that has power to commit to prison a person in default of payment of a sum adjudged to be paid by a summary conviction, or would have that power but for section 82 or 88 above, may issue a warrant for his detention in a police station, and, if it does so, shall not, where it has power to commit him to prison, exercise that power.

Notwithstanding subsection (2)(b) above, the officer may release the defaulter at any time within 4 hours before 8 o’clock in the morning if the officer thinks it expedient to do so in order to enable him to go to his work or for any other reason appearing to the officer to be sufficient.

This section shall have effect in relation to a person F7aged 18 or over but less than 21 as if references in it to prison were references to detention under F8section 108 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention of persons F7aged 18 to 20 for default).