Detention and transfer of young offenders

19F8Young offenders institutions.

1

The Secretary of State may provide—

F19a

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b

young offenders institutions, that is to say, places in which offenders sentenced to detention in a young F15persons not less than 18 but under 21 years of age—

i

sentenced to detention in a young offenders institution, or

ii

remanded or committed in custody for trial or sentence,

may be kept.

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F74

Subject to any exception or modification in any provision of this Act and unless the context otherwise requires, this Act applies to F16... young offenders institutions and to persons detained in such F17... institutions in the same manner as it applies to prisons and prisoners.

5

Section 11(4) and (5) does not apply to young offenders institutions.

6

Sections 1 to 3, 4 to 6, 9, 10, 11(1), 13 to 17, 33A to 37 and 41 to 41D apply to F18... young offenders institutions and to persons detained there in the same manner as those provisions apply to prisons and prisoners subject to such adaptations and modifications as may be made by rules made under section 39.

20 Temporary detention of persons liable to detention in young offenders institution F9....

A person who is required to be taken to a young offenders institution F11... may, until arrangements can be made for taking him there, be temporarily detained elsewhere.

20AF1 Transfer of young offenders to prison F10....

1

Subject to section 21 of this Act, an offender sentenced to detention in a young offenders institution shall be detained in such an institution unless a direction under subsection (2) below is in force in relation to him.

2

The Secretary of State may from time to time direct that an offender sentenced to detention in a young offenders institution shall be detained in a prison F13... instead of in a young offenders institution F14....

3

Where an offender is detained in a prison F12... by virtue of subsection (2) above, any rules under section 39 of this Act which apply in relation to persons detained in that place shall apply to that offender; but subject to the foregoing and to subsection (4) below, the provisions of the F11975 Act, the Prisoners and Criminal Proceedings (Scotland) Act 1993 and this Act relating to the treatment and supervision of persons sentenced to detention in a young offenders institution shall continue to apply to the offender.

4

Where an offender referred to in subsection (3) above attains the age of 21 years, subsection (3) of section 21 of this Act shall apply to him as if he had been transferred to prison under that section.

21 Transfer to prison of persons over 21, and maximum age for detention in young offenders institution.

1

Subject to the provisions of this section F2but without prejudice to section 20A(2) of this Act, where a person serving a sentence of detention in a young offenders institution has attained the age of 21 years, the Secretary of State shall have power to transfer him to prison.

2

No person shall be detained in a young offenders institution after he has attained the age of 23 years, and accordingly any person so detained shall, not later than the day immediately preceding his twenty-third birthday, be transferred to prison.

3

Where a person has been transferred to prison under this section, he shall be treated for the purpose of his serving the unexpired part of his sentence and of his supervision on release as if the sentence of detention passed upon him were a sentence of imprisonment for a like term, and the provisions of F3the 1995 Act , F4the Prisoners and Criminal Proceedings (Scotland) Act 1993 and this Act relating to the treatment and supervision of prisoners shall apply to him accordingly:

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