Part V CUSTODIAL SENTENCES ETC.
C1 Chapter IIDetention and custody of young offenders
Detention and training orders
100 Offenders under 18: detention and training orders.
1
F1Subject to sections 90 and 91 above, sections 226 and F5226B of the Criminal Justice Act 2003, and subsection (2) below, where—
a
a child or young person (that is to say, any person aged under 18) is convicted of an offence which is punishable with imprisonment in the case of a person aged 21 or over, and
F2b
the court is of the opinion that subsection (2) of section 152 of the Criminal Justice Act 2003 applies or the case falls within subsection (3) of that section,
the sentence that the court is to pass is a detention and training order.
F41A
Subsection (1) applies with the omission of paragraph (b) in the case of an offence the sentence for which falls to be imposed under these provisions—
a
section 1A(5) of the Prevention of Crime Act 1953 (minimum sentence for offence of threatening with offensive weapon in public);
b
section 139AA(7) of the Criminal Justice Act 1988 (minimum sentence for offence of threatening with article with blade or point or offensive weapon).
2
A court shall not make a detention and training order—
a
in the case of an offender under the age of 15 at the time of the conviction, unless it is of the opinion that he is a persistent offender;
b
in the case of an offender under the age of 12 at that time, unless—
i
it is of the opinion that only a custodial sentence would be adequate to protect the public from further offending by him; and
ii
the offence was committed on or after such date as the Secretary of State may by order appoint.
3
A detention and training order is an order that the offender in respect of whom it is made shall be subject, for the term specified in the order, to a period of detention and training followed by a period of supervision.
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Pt. 5 Ch. 2 power to modify, amend or repeal conferred (30.9.2003) by Armed Forces Act 2001 (c. 19), ss. 31(1)(a)(3)(6)(7), 39(2); S.I. 2003/2268, art. 2