C3C4C5C6C7C8Part I Detention, Transfer and Release of Offenders

Annotations:
Modifications etc. (not altering text)
C3

Pt. 1 modified (S.) (20.10.1997) by 1997 c. 48, s. 16(2)(3) (with s. 33); S.I. 1997/2323, art. 3, Sch. 1

C8

Pt. I modified by 2007 asp 17, Sch. 6 (as substituted (S.) (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 19, 206(1); S.S.I. 2011/178, art. 2, sch.); amendment to earlier affecting provision 2007 asp 17, Sch. 6 (11.10.2019) by Management of Offenders (Scotland) Act 2019 (asp 14), ss. 60(5), 63(2); S.S.I. 2019/309, reg. 2

Early release

I1C17 Children detained in solemn proceedings.

C21

Where a child is detained under F1section 208 of the F21995 Act (detention of children convicted on indictment) and the period specified in the sentence—

a

is less than four years, he shall be released on licence by the Secretary of State as soon as (following commencement of the sentence) half the period so specified has elapsed;

b

is of four or more years, he shall be so released as soon as (following such commencement) two thirds of the period so specified has elapsed F3unless he has before that time been so released, in relation to that sentence, under any provision of this Act.

F41A

The Secretary of State may by order provide—

a

that the reference to—

i

four years, in paragraph (a) of subsection (1) above; or

ii

four or more years, in paragraph (b) of that subsection,

shall be construed as a reference to such other period as may be specified in the order;

b

that the reference to—

i

half, in the said paragraph (a); or

ii

two thirds, in the said paragraph (b),

shall be construed as a reference to such other proportion of the period specified in the sentence as may be specified in the order.

1B

An order under subsection (1A) above may make such transitional provision as appears to the Secretary of State necessary or expedient in connection with any provision made by the order.

2

A child detained under F1section 208 of the F21995 Act or in pursuance of an order under subsection (3) below F5shall, on the recommendation of the Parole Board made at any time, be released on licence by the Secretary of State.

F62A

This subsection applies where a child detained under section 208 of the 1995 Act is sentenced, while so detained, to a determinate term of detention in a young offenders institution or imprisonment and, by virtue of section 27(5) of this Act, such terms of detention or imprisonment are treated as single term.

2B

In a case where subsection (2A) applies and the single term mentioned in that subsection is less than four years, the provisions of this section shall apply.

2C

In a case where subsection (2A) applies and the single term mentioned in that subsection is of four or more years—

a

section 6 of this Act shall apply to him as if the single term were an equivalent sentence of detention in a young offenders institution, if that term is served in such an institution; and

b

the provisions of this Act shall apply to him as if the single term were an equivalent sentence of imprisonment, if that term is served in a remand centre or a prison.

3

If, after release under subsection (1) or (2) above and before the date on which the entire period specified in the sentence elapses (following commencement of the sentence), a child commits an offence in respect of which it is competent to impose imprisonment on a person aged 21 years or more (other than an offence in respect of which imprisonment for life is mandatory) and, whether before or after that date, pleads guilty to or is found guilty of it a court may, instead of or in addition to making any other order in respect of that plea or finding—

a

in a case other than that mentioned in paragraph (b) below, order that he be returned to detention for the whole or any part of the period which—

i

begins with the date of the order for his return; and

ii

is equal in length to the period between the date on which the new offence was committed and the date on which that entire period so elapses; and

b

in a case where that court is inferior to the court which imposed the sentence, refer the case to the superior court in question; and a court to which a case is so referred may make such order with regard to it as is mentioned in paragraph (a) above.

4

The period for which a child is ordered under subsection (3) above to be returned to detention—

a

shall be taken to be a sentence of detention for the purposes of this Act and of any appeal; and

b

shall, as the court making that order may direct, either be served before and be followed by, or be served concurrently with, any sentence imposed for the new offence (being in either case disregarded in determining the appropriate length of that sentence).

4A

F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F85

Without prejudice to section 6(1)(b)(ii) of this Act—

a

sections F101AB, 3, 11(1), 12, 12A, 12B, 17 and 20(2) of this Act apply to children detained under section 208 of the 1995 Act as they apply to long-term prisoners; and

b

in those sections of this Act, references to prisoners, or to prison, imprisonment or sentences of imprisonment shall be construed, and sections 1A and 27 shall apply, accordingly.

6

F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

In the foregoing provisions of this section any reference to a child being detained does not include a reference to his being detained without limit of time.

F118

This section (other than subsection (5)) does not apply in relation to a person to whom section 1AB applies.