Part VE+W CUSTODIAL SENTENCES ETC.

Chapter IIE+WDetention and custody of young offenders

Modifications etc. (not altering text)

C1Pt. 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 in a young offender institutionE+W

97 Term of detention in a young offender institution, and consecutive sentences.E+W

(1)The maximum term of detention in a young offender institution that a court may impose for an offence is the same as the maximum term of imprisonment that it may impose for that offence.

(2)Subject to subsection (3) below, a court shall not pass a sentence for an offender’s detention in a young offender institution for less than 21 days.

(3)A court may pass a sentence of detention in a young offender institution for less than 21 days for an offence under section 65(6) of the M1Criminal Justice Act 1991 (breach of requirement imposed on young offender on his release from detention).

(4)Where—

(a)an offender is convicted of more than one offence for which he is liable to a sentence of detention in a young offender institution, or

(b)an offender who is serving a sentence of detention in a young offender institution is convicted of one or more further offences for which he is liable to such a sentence,

the court shall have the same power to pass consecutive sentences of detention in a young offender institution as if they were sentences of imprisonment.

(5)Subject to section 84 above (restriction on consecutive sentences for released prisoners), where an offender who—

(a)is serving a sentence of detention in a young offender institution, and

(b)is aged 21 or over,

is convicted of one or more further offences for which he is liable to imprisonment, the court shall have the power to pass one or more sentences of imprisonment to run consecutively upon the sentence of detention in a young offender institution.

Marginal Citations