C1Part 8Sentencing Powers and Mandatory etc Sentences

Annotations:
Modifications etc. (not altering text)
C1

Pt. 8 applied (with modifications) (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, rule 128(2)

Chapter 5Young Offenders: Custodial Sentences Available to Service Courts

Detention for certain serious offences

C2210BF1Offenders under 21: power to impose detention in a young offender institution

1

A sentence of detention in a young offender institution is available to the Court Martial or the Service Civilian Court dealing with an offender for an offence where—

a

the offender is aged at least 18 but under 21 when convicted,

b

the offence is punishable with imprisonment in the case of a person aged 21 or over, and

c

the court is not required to pass a sentence of—

i

detention at Her Majesty's pleasure, or

ii

custody for life.

2

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 the offence in the case of a person aged 21 or over.

3

The minimum term of a sentence of detention in a young offender institution is 21 days.