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Criminal Justice Act 1982

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Version Superseded: 30/09/1998

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[F11A Detention in a young offender institution.E+W

(1)Subject to section 8 below and to section 53 of the Children and Young Persons Act M11933, where—

(a)[ F2an offender under 21 but not less than 15 years of age] is convicted of an offence which is punishable with imprisonment in the case of a person aged 21 or over; and

[F3(b)the court is of the opinion that either or both of paragraphs (a) and (b) of subsection (2) of section 1 of the Criminal Justice Act 1991 apply or the case falls within subsection (3) of that section,]

the sentence that the court is to pass is a sentence of detention in a young offender institution.

(2)Subject to[F4section 1B(2)] below, the maximum term of detention in a young offender institution that a court may impose for an offence is the same as the maximum term of imprisonment that it may impose for that offence.

(3)Subject to subsection (4) below[F5. . .], a court shall not pass a sentence for an offender’s detention in a young offender institution for less than[F6the minimum period applicable to the offender under subsection (4A) below] .

(4)A court may pass a sentence of detention in a young offender institution for less than[F7the minimum period applicable] for an offence under[F8section 65(6) of the Criminal Justice Act 1991].

[F9(4A)For the purposes of subsections (3) and (4) above, the minimum period of detention applicable to an offender is—

(a)in the case of an offender under 21 but not less than 18 years of age, the period of 21 days; and

(b)in the case of an offender under 18 years of age, the period of two months.]

(5)Subject to section 1B(4) below, where—

(a)an offender is convicted of more than one offence for which he is liable to a sentence of detention in a young offender institution; or

(b)an offender who is serving a sentence of detention in a young offender institution is convicted of one or more further offences for which he is liable to such a sentence.

the court shall have the same power to pass consecutive sentences of detention in a young offender institution as if they were sentences of imprisonment.

(6)Where an offender who—

(a)is serving a sentence of detention in a young offender institution, and

(b)is aged over 21 years.

is convicted of one or more further offences for which he is liable to imprisonment, the court shall have the power to pass one or more sentences of imprisonment to run consecutively upon the sentence of detention in a young offender institution.]

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