(1)The Secretary of State may provide—
(a)remand centres, that is to say places for the detention of persons not less than 14 but under 21 years of age who are remanded or committed in custody for trial or sentence;
[F2(aa)young offender institutions, that is to say places for the detention of offenders sentenced to detention in a young offender institution [F3or to custody for life]; [F4or other persons who may be lawfully detained there]]
[F7(d)secure training centres, that is to say places in which offenders in respect of whom detention and training orders have been made under [F8section 100 of the Powers of Criminal Courts (Sentencing) Act 2000] may be detained and given training and education and prepared for their release.] [F9and in which children who have been remanded to youth detention accommodation under section 91(4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 may be detained ]
(2)The Secretary of State may from time to time direct—
(a)that a woman aged 21 years or over who is serving a sentence of imprisonment or who has been committed to prison for default shall be detained in a remand centre or a youth custody centre instead of a prison:
(b)that a woman aged 21 years or over who is remanded in custody or committed in custody for trial or sentence shall be detained in a remand centre instead of a prison;
(c)that a person under 21 but not less than 17 years of age who is remanded in custody or committed in custody for trial or sentence shall be detained in a prison instead of a remand centre or a remand centre instead of a prison, notwithstanding anything in section 27 of the Criminal Justice Act 1948 or section 23(3) of the Children and Young Persons Act 1969.
(3)Notwithstanding subsection (1) above, any person required to be detained in an institution to which this Act applies may be detained in a remand centre for any temporary purpose [F10and a person [F11aged 18 years] or over may be detained in such a centre] for the purpose of providing maintenance and domestic services for that centre.
(4)Sections 5A, 6(2) and (3), 16, 22, 25 and 36 of this Act shall apply to remand centres, detention centres and youth custody centres and to persons detained in them as they apply to prisons and prisoners.
[F12(4A)Sections 16, 22 and 36 of this Act shall apply to secure training centres and to persons detained in them as they apply to prisons and prisoners.]
(5)The other provisions of this Act preceding this section, except sections 28 and 37(2) above, shall apply to [F13centres of the descriptions specified in subsection (4) above] and to persons detained in them as they apply to prisons and prisoners, but subject to such adaptation and modifications as may be specified in rules made by the Secretary of State.
[F14(5A)The other provisions of this Act preceding this section, except sections 5, 5A, 6(2) and (3), 12, 14, 19, 25, 28 and 37(2) and (3) above, shall apply to secure training centres and to persons detained in them as they apply to prisons and prisoners, but subject to such adaptations and modifications as may be specified in rules made by the Secretary of State.]
(6)References in the preceding provisions of this Act to imprisonment shall, so far as those provisions apply to institutions provided under this section, be construed as including references to detention in those institutions.
(7)Nothing in this section shall be taken to prejudice the operation of [F15section 108(5) of the Powers ofCriminal Courts (Sentencing) Act 2000].
[F16(8)The application of this Act to a person on whom a custodial sentence (within the meaning of the Armed Forces Act 2006) has been passed in respect of a service offence (within the meaning of that Act) is not affected by the omission from subsection (1) of a reference to that sentence.]]
Textual Amendments
F1S. 43 substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 11
F2S. 43(1)(aa) inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 8 para. 16, Sch. 15 para. 11
F3Words in s. 43(1)(aa) inserted (3.2.1995) by 1994 c. 33, s. 18(3); S.I. 1995/127, art. 2(1), Sch. 1
F4Words in s. 43(1)(aa) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 3; S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(b)
F5S. 43(1)(b)(c) repealed by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 8 para. 16, Sch. 16
F6Word in s. 43(1) repealed (1.3.1998) by 1994 c. 33, s. 168(3), Sch. 11; S.I. 1998/277, art. 3(3)
F7S. 43(1)(d) substituted (1.4.2000) by 1998 c. 37, s. 119, Sch. 8 para. 6; S.I. 1999/3426, art. 3(b)
F8Words in s. 43(1)(d) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 5(2)
F9Words in s. 43(1)(d) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 12 para. 4; S.I. 2012/2906, art. 2(j)
F10Words substituted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 8 para. 16, Sch. 15 para. 12
F11Words in s. 43(3) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 68, Sch. 8 para. 2; S.I. 1992/333, art. 2(2), Sch. 2
F12S. 43(4A) inserted (3.11.1994) by 1994 c. 33, ss. 5(3), 172(4)
F13Words in s. 43(5) substituted (3.11.1994) by 1994 c. 33, ss. 5(4), 172(4)
F14S. 43(5A) inserted (3.11.1994) by 1994 c. 33, ss. 5(5), 172(4)
F15Words in s. 43(7) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 5(3)
F16S. 43(8) added (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Modifications etc. (not altering text)
C1S. 43(1)(a)(2)(b)(c) modified (9.5.2005 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 36; S.I. 2005/1267, art. 2(1)(2)(a), Sch. Pt. 1
C2S. 43(1)(a)(2)(b)(c) modified (9.5.2005 for specified purposes, 18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 36; S.I. 2005/1267, art. 2(1)(2)(a), Sch. Pt. 1; S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(c), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)(2)(3) (with arts. 3, 4)
C3S. 43(1)(d): certain functions made exercisable by the Youth Justice Board for England and Wales concurrently with the Secretary of State (20.4.2000) by S.I. 2000/1160, art. 4(1)(2)(d)
C4S. 43(8) modified (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), art. 1(3), Sch. 1 para. 4