Part IX Young Offenders

123 Custodial sentences for young offenders.

1

Part I of the M1Criminal Justice Act 1982 shall be amended as mentioned in subsections (2) to (5) below.

F12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

The following subsection shall be substituted for section 2(4)—

4

Where—

a

the Crown Court passes a sentence of detention in a young offender institution or a sentence of custody for life under section 8(2) below, or

b

a magistrates’ court passes a sentence of detention in a young offender institution,

it shall be its duty—

i

to state in open court that it is satisfied that he qualifies for a custodial sentence under one or more of the paragraphs of section 1(4A) above, the paragraph or paragraphs in question and why it is so satisfied; and

ii

to explain to the offender in open court and in ordinary language why it is passing a custodial sentence on him.

6

The amendments and transitional provisions in Schedule 8 to this Act shall have effect.