Part II Amendments Relating to the Armed Forces and Other Persons Subject to Provisions of the Services Acts

Young offenders

2 Young offenders: custodial sentences.

(1)

Section 71A of each of the 1955 Acts (juveniles) and, subject to the modifications in subsection (6) below, section 43A of the 1957 Act (juveniles) shall each be amended in accordance with subsections (2) to (5) below.

(2)

In subsection (1B)—

(a)

after the words “imprisonment for life ” there shall be inserted “then, subject to subsection (1E) below ”; and

(b)

paragraph (a) shall be omitted.

(3)

After subsection (1C) there shall be inserted the following subsections—

“(1D)

Subject to subsections (3) and (4) below, the only custodial sentences that a court may award where a person under 21 years of age is convicted or found guilty of an offence are—

(a)

a custodial order under section 71AA of this Act or under paragraph 10 of Schedule 5A to this Act; and

(b)

a sentence of custody for life under subsection (1A) or (1B) above.

(1E)

A court may not—

(a)

make a custodial order under section 71AA of this Act; or

(b)

pass a sentence of custody for life under subsection (1B) above;

unless it is satisfied—

(i)

that the circumstances, including the nature and the gravity of the offence, are such that if the offender were aged 21 or over the court would pass a sentence of imprisonment; and

(ii)

that he qualifies for a custodial sentence.

(1F)

An offender qualifies for a custodial sentence if—

(a)

he has a history of failure to respond to non-custodial sentences and is unable or unwilling to respond to them; or

(b)

only a custodial sentence would be adequate to protect the public from serious harm from him; or

(c)

the offence of which he has been convicted or found guilty was so serious that a non-custodial sentence for it cannot be justified.”

(4)

In subsection (4)—

(a)

for the words “A person under 17 years of age ” there shall be substituted“In any case where—

(a)

a person aged 14 or over but under 17 years of age is”;

(b)

for the words “may be sentenced by the court, if it ” there shall be substituted“or

(b)

a person under 14 years of age is found guilty of manslaughter,

and, in either case, the court ”; and

(c)

after the word “suitable ” there shall be inserted “the court may sentence that person ”.

(5)

After subsection (6) there shall be inserted the following subsection—

“(7)

A sentence of detention under section 71(1)(e) of this Act shall be treated for the purposes of this section as a non-custodial sentence and references in this section to a custodial sentence shall be construed accordingly.”

(6)

The modifications of the amendments in subsections (2) to (5) above in their application to section 43A of the 1957 Act are—

(a)

for “section 71AA ”, in each place where it occurs in the amendment in subsection (3) above, there shall be substituted “section 43AA ”;

(b)

for “Schedule 5A ” in the amendment in subsection (3) above there shall be substituted “Schedule 4A ”; and

(c)

for “section 71(1)(e) ” in the amendment in subsection (5) above there shall be substituted “section 43(1)(e) ”.

3 Young service offenders: minimum period of custodial orders etc.

(1)

In section 71AA of each of the 1955 Acts and in section 43AA of the 1957 Act (young service offenders: custodial orders), in subsection (1) the words “subject to subsection (1A) below ” shall be omitted and after the words “period to be specified in the order ” there shall be inserted “being not less than 21 days and ”.

(2)

Subsection (1A) of each of those sections shall be omitted.

(3)

Subject to subsection (4) below, in subsection (1B) of each of those sections for the words from “there is ” to “in respect of him ” there shall be substituted “ it is satisfied as mentioned in sub-paragraphs (i) and (ii) of subsection (1E) of section 71A of this Act with respect to any person ”.

(4)

In the application of subsection (3) above to section 43AA of the 1957 Act, for “section 71A ” there shall be substituted “section 43A ”.

4 Reasons to be given where custodial sentence awarded to young offender.

(1)

After section 71AA of each of the 1955 Acts there shall be inserted the following section—

“71AB Reasons to be given where custodial sentence awarded to young offender.

(1)

This section applies where a court—

(a)

makes a custodial order under section 71AA of this Act, or

(b)

passes a sentence of custody for life under section 71A(1B) of this Act.

(2)

It shall be the duty of the court—

(a)

to state in open court and to record in the proceedings that it is satisfied that the offender qualifies for a custodial sentence under one or more of the paragraphs of subsection (1F) of section 71A of this Act, the paragraph or paragraphs in question, and why it is so satisfied; and

(b)

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

(3)

Where a court makes a custodial order and, in accordance with its duty under subsection (2) above, makes the statement required by paragraph (a) of that subsection, the matters stated shall be specified in the order (made under Imprisonment and Detention Rules) pursuant to which the offender is committed into custody.”

(2)

After section 43AA of the 1957 Act there shall be inserted the following section—

“43AB Reasons to be given where custodial sentence awarded to young offender.

(1)

This section applies where a court—

(a)

makes a custodial order under section 43AA of this Act, or

(b)

passes a sentence of custody for life under section 43A(1B) of this Act.

(2)

It shall be the duty of the court—

(a)

to state in open court and to record in the proceedings that it is satisfied that the offender qualifies for a custodial sentence under one or more of the paragraphs of subsection (1F) of section 43A of this Act, the paragraph or paragraphs in question, and why it is so satisfied; and

(b)

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

(3)

Where a court makes a custodial order and, in accordance with its duty under subsection (2) above, makes the statement required by paragraph (a) of that subsection, the matters stated shall be specified in the committal order.”

5 Young civilian offenders: custodial orders.

(1)

In Schedule 5A to each of the 1955 Acts and Schedule 4A to the 1957 Act (powers of court on trial of civilian), paragraph 10 (custodial orders) shall be amended in accordance with the following provisions of this section.

(2)

Subject to subsection (9) below, in sub-paragraph (1)—

(a)

for the words “subsection (1A) below ” there shall be substituted “ sub-paragraphs (1A) and (1AA) below ”; and

(b)

for the words from “in accordance ” to the end of paragraph (b) there shall be substituted—“for a period, to be specified in the order, which—

(a)

shall not be less than 21 days;

(b)

shall not exceed the maximum period for which he could have been sentenced to imprisonment if he had attained the age of 21; and

(c)

if the order is made by a Standing Civilian Court, shall not exceed six months”.

(3)

In sub-paragraph (1A) the words from the beginning to “appropriate and ” shall be omitted.

(4)

After sub-paragraph (1A) there shall be inserted the following sub-paragraphs—

“(1AA)

The court may not make a custodial order unless it is satisfied—

(a)

that the circumstances, including the nature and the gravity of the offence, are such that if the offender were aged 21 or over the court would pass a sentence of imprisonment; and

(b)

that he qualifies for a custodial sentence.

(1AB)

An offender qualifies for a custodial sentence if—

(a)

he has a history of failure to respond to non-custodial sentences and is unable or unwilling to respond to them; or

(b)

only a custodial sentence would be adequate to protect the public from serious harm from him; or

(c)

the offence of which he has been convicted or found guilty was so serious that a non-custodial sentence for it cannot be justified.”

(5)

In sub-paragraph (1B) for the words from “there is ” to “in respect of him ” there shall be substituted “it is satisfied as mentioned in paragraphs (a) and (b) of sub-paragraph (1AA) above with respect to an offender ”.

(6)

Subject to subsection (10) below, for sub-paragraphs (3A) and (3B) there shall be substituted the following sub-paragraphs—

“(3A)

Where the court makes a custodial order it shall be its duty—

(a)

to state in open court and to record in the proceedings that it is satisfied that the offender qualifies for a custodial sentence under one or more of the paragraphs of sub-paragraph (1AB) above, the paragraph or paragraphs in question, and why it is so satisfied; and

(b)

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

(3B)

Where the court makes a custodial order and, in accordance with its duty under sub-paragraph (3A) above, makes the statement required by paragraph (a) of that sub-paragraph, the matters stated shall be specified in the order (made under Imprisonment and Detention Rules) pursuant to which the offender is committed into custody.”

(7)

For sub-paragraph (4) there shall be substituted the following sub-paragraphs—

“(4)

If a person is outside the United Kingdom at the time a custodial order is made in respect of him, he shall as soon as practicable be removed to the United Kingdom.

(4A)

A person in respect of whom a custodial order has been made shall be detained in such appropriate institution as the Secretary of State may direct, and any enactment applying to persons detained in any such institution shall apply to a person so detained under this paragraph.”

(8)

In sub-paragraph (6), in each of paragraphs (a), (b) and (c) after the words “where the offender is ” there shall be inserted “in or ”.

(9)

In the application of subsection (2) above to paragraph 10 of Schedule 4A to the 1957 Act, for paragraph (b) there shall be substituted—

“(b)

for the words from “in accordance ” to the end of paragraph (b) there shall be substituted “for a period to be specified in the order, being not less than 21 days and not exceeding the maximum period for which he could have been sentenced to imprisonment if he had attained the age of 21 ”.”

(10)

In the application of subsection (6) above to paragraph 10 of Schedule 4A to the 1957 Act, for the words from “order (made under ” onwards there shall be substituted “committal order ”.

6 Abolition of reception orders.

In Schedule 5A to each of the 1955 Acts and in Schedule 4A to the 1957 Act the following provisions (which refer to reception orders made in respect of civilians under 17 found guilty of certain offences) shall cease to have effect—

(a)

in paragraph 2 the definition of “reception order ”;

(b)

paragraphs 6 to 9; and

(c)

in paragraph 15(3), in the third column of the Table, paragraph 2.