Part V CUSTODIAL SENTENCES ETC.

C1 Chapter IIDetention and custody of young offenders

Annotations:
Modifications etc. (not altering text)
C1

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

Detention at Her Majesty’s pleasure or for specified period

C2C391 Offenders under 18 convicted of certain serious offences: power to detain for specified period.

1

Subsection (3) below applies where a person aged under 18 is convicted on indictment of—

a

an offence punishable in the case of a person aged 21 or over with imprisonment for 14 years or more, not being an offence the sentence for which is fixed by law; or

F4b

an offence under section 3 of the Sexual Offences Act 2003 (in this section, “the 2003 Act”) (sexual assault); or

c

an offence under section 13 of the 2003 Act (child sex offences committed by children or young persons); or

d

an offence under section 25 of the 2003 Act (sexual activity with a child family member); or

e

an offence under section 26 of the 2003 Act (inciting a child family member to engage in sexual activity).

F11A

Subsection (3) below also applies where—

a

a person aged under 18 is convicted on indictment of an offence—

i

under subsection (1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c) of section 5 of the Firearms Act 1968 (prohibited weapons), or

ii

under subsection (1A)(a) of that section,

b

the offence was committed after the commencement of section 51A of that Act and F9for the purposes of subsection (3) of that section at a time when he was aged 16 or over, and

c

the court is of the opinion mentioned in section 51A(2) of that Act (exceptional circumstances which justify its not imposing required custodial sentence).

F71B

Subsection (3) below also applies where—

a

a person aged under 18 is convicted on indictment of an offence under the Firearms Act 1968 that is listed in section 51A(1A)(b), (e) or (f) of that Act and was committed in respect of a firearm or ammunition specified in section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c) or section 5(1A)(a) of that Act;

b

the offence was committed after the commencement of section 30 of the Violent Crime Reduction Act 2006 and for the purposes of section 51A(3) of the Firearms Act 1968 at a time when he was aged 16 or over; and

c

the court is of the opinion mentioned in section 51A(2) of the Firearms Act 1968.

1C

Subsection (3) below also applies where—

a

a person aged under 18 is convicted of an offence under section 28 of the Violent Crime Reduction Act 2006 (using someone to mind a weapon);

b

section 29(3) of that Act applies (minimum sentences in certain cases); and

c

the court is of the opinion mentioned in section 29(6) of that Act (exceptional circumstances which justify not imposing the minimum sentence).

F32

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

3

If the court is of the opinion that F5neither F10 a youth rehabilitation order nor a detention and training order is suitable, the court may sentence the offender to be detained for such period, not exceeding the maximum term of imprisonment with which the offence is punishable in the case of a person aged 21 or over, as may be specified in the sentence.

4

Subsection (3) above is subject to (in particular) F6section 152 and 153 of the Criminal Justice Act 2003.

F25

Where

F8a

subsection (2) of section 51A of the Firearms Act 1968, or

b

subsection (6) of section 29 of the Violent Crime Reduction Act 2006,

requires the imposition of a sentence of detention under this section for a term of at least the term provided for in that section, the court shall sentence the offender to be detained for such period, of at least the term so provided for but not exceeding the maximum term of imprisonment with which the offence is punishable in the case of a person aged 18 or over, as may be specified in the sentence.