(1)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.
(2)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.
[F1(3)This section shall have effect in relation to a person [F2aged 18] or over but less than 21 as if references in it to prison were references to detention under [F3section 108 of the Powers of Criminal Courts (Sentencing) Act 2000] (detention of persons [F2aged 18] to 20 for default).]
Textual Amendments
F1S. 135(3) added by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 77, Sch. 14 para. 58
F2Words in s. 135(3) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 68, 101(1), Sch. 8 para. 6(3), Sch. 12 para. 22(1); S.I. 1992/333, art. 2(2), Sch. 2
F3Words in s. 135(3) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 77
Modifications etc. (not altering text)
C1S. 135 restricted (prosp.) by Education and Skills Act 2008 (c. 25), ss. 56, 57, 58, 173