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PART V continued CHAPTER II continued
(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 [1991 c. 53.] Criminal 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.
(1) Subject to section 22(2)(b) of the [1952 c. 52.] Prison Act 1952 (removal to hospital etc.), an offender sentenced to detention in a young offender institution shall be detained in such an institution unless a direction under subsection (2) below is in force in relation to him.
(2) The Secretary of State may from time to time direct that an offender sentenced to detention in a young offender institution shall be detained in a prison or remand centre instead of a young offender institution.
(1) Subject to the following provisions of this section, where an offender has been sentenced to a term of detention in a young offender institution and either—
(a) he has attained the age of 21, or
(b) he has attained the age of 18 and has been reported to the Secretary of State by the board of visitors of the institution in which he is detained as exercising a bad influence on the other inmates of the institution or as behaving in a disruptive manner to the detriment of those inmates,
the Secretary of State may direct that he shall be treated as if he had been sentenced to imprisonment for the same term.
(2) An offender who by virtue of this section falls to be treated as if he had been sentenced to imprisonment instead of detention in a young offender institution shall not be so treated for the purposes of section 65 of the [1991 c. 53.] Criminal Justice Act 1991 (supervision of young offenders after release).
(3) Where the Secretary of State gives a direction under subsection (1) above in relation to an offender, the portion of the term of detention in a young offender institution imposed by the sentence of detention in a young offender institution which he has already served shall be deemed to have been a portion of a term of imprisonment.
(4) Rules under section 47 of the [1952 c. 52.] Prison Act 1952 may provide that any award for an offence against discipline made in respect of an offender serving a sentence of detention in a young offender institution shall continue to have effect after a direction under subsection (1) above has been given in relation to him.
(5) This section applies to a person—
(a) who is detained under section 90 or 91 above, or
(b) who is serving a sentence of custody for life,
as it applies to a person serving a sentence of detention in a young offender institution.
(1) Subject to sections 90, 91 and 93 above 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
(b) the court is of the opinion that either or both of paragraphs (a) and (b) of section 79(2) above apply or the case falls within section 79(3),
the sentence that the court is to pass is a detention and training order.
(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.
(4) On making a detention and training order in a case where subsection (2) above applies, it shall be the duty of the court (in addition to the duty imposed by section 79(4) above) to state in open court that it is of the opinion mentioned in paragraph (a) or, as the case may be, paragraphs (a) and (b)(i) of that subsection.
(1) Subject to subsection (2) below, the term of a detention and training order made in respect of an offence (whether by a magistrates' court or otherwise) shall be 4, 6, 8, 10, 12, 18 or 24 months.
(2) The term of a detention and training order may not exceed the maximum term of imprisonment that the Crown Court could (in the case of an offender aged 21 or over) impose for the offence.
(3) Subject to subsections (4) and (6) below, a court making a detention and training order may order that its term shall commence on the expiry of the term of any other detention and training order made by that or any other court.
(4) A court shall not make in respect of an offender a detention and training order the effect of which would be that he would be subject to detention and training orders for a term which exceeds 24 months.
(5) Where the term of the detention and training orders to which an offender would otherwise be subject exceeds 24 months, the excess shall be treated as remitted.
(6) A court making a detention and training order shall not order that its term shall commence on the expiry of the term of a detention and training order under which the period of supervision has already begun (under section 103(1) below).
(7) Where a detention and training order (“the new order”) is made in respect of an offender who is subject to a detention and training order under which the period of supervision has begun (“the old order”), the old order shall be disregarded in determining—
(a) for the purposes of subsection (4) above whether the effect of the new order would be that the offender would be subject to detention and training orders for a term which exceeds 24 months; and
(b) for the purposes of subsection (5) above whether the term of the detention and training orders to which the offender would (apart from that subsection) be subject exceeds 24 months.
(8) In determining the term of a detention and training order for an offence, the court shall take account of any period for which the offender has been remanded in custody in connection with the offence, or any other offence the charge for which was founded on the same facts or evidence.
(9) Where a court proposes to make detention and training orders in respect of an offender for two or more offences—
(a) subsection (8) above shall not apply; but
(b) in determining the total term of the detention and training orders it proposes to make in respect of the offender, the court shall take account of the total period (if any) for which he has been remanded in custody in connection with any of those offences, or any other offence the charge for which was founded on the same facts or evidence.
(10) Once a period of remand has, under subsection (8) or (9) above, been taken account of in relation to a detention and training order made in respect of an offender for any offence or offences, it shall not subsequently be taken account of (under either of those subsections) in relation to such an order made in respect of the offender for any other offence or offences.
(11) Any reference in subsection (8) or (9) above to an offender’s being remanded in custody is a reference to his being—
(a) held in police detention;
(b) remanded in or committed to custody by an order of a court;
(c) remanded or committed to local authority accommodation under section 23 of the [1969 c. 54.] Children and Young Persons Act 1969 and placed and kept in secure accommodation; or
(d) remanded, admitted or removed to hospital under section 35, 36, 38 or 48 of the [1983 c. 20.] Mental Health Act 1983.
(12) A person is in police detention for the purposes of subsection (11) above—
(a) at any time when he is in police detention for the purposes of the [1984 c. 60.] Police and Criminal Evidence Act 1984; and
(b) at any time when he is detained under section 14 of the [1989 c. 4.] Prevention of Terrorism (Temporary Provisions) Act 1989;
and in that subsection “secure accommodation” has the same meaning as in section 23 of the [1969 c. 54.] Children and Young Persons Act 1969.
(13) For the purpose of any reference in sections 102 to 105 below to the term of a detention and training order, consecutive terms of such orders and terms of such orders which are wholly or partly concurrent shall be treated as a single term if—
(a) the orders were made on the same occasion; or
(b) where they were made on different occasions, the offender has not been released (by virtue of subsection (2), (3), (4) or (5) of section 102 below) at any time during the period beginning with the first and ending with the last of those occasions.
(1) An offender shall serve the period of detention and training under a detention and training order in such secure accommodation as may be determined by the Secretary of State or by such other person as may be authorised by him for that purpose.
(2) Subject to subsections (3) to (5) below, the period of detention and training under a detention and training order shall be one-half of the term of the order.
(3) The Secretary of State may at any time release the offender if he is satisfied that exceptional circumstances exist which justify the offender’s release on compassionate grounds.
(4) The Secretary of State may release the offender—
(a) in the case of an order for a term of 8 months or more but less than 18 months, one month before the half-way point of the term of the order; and
(b) in the case of an order for a term of 18 months or more, one month or two months before that point.
(5) If a youth court so orders on an application made by the Secretary of State for the purpose, the Secretary of State shall release the offender—
(a) in the case of an order for a term of 8 months or more but less than 18 months, one month after the half-way point of the term of the order; and
(b) in the case of an order for a term of 18 months or more, one month or two months after that point.
(6) An offender detained in pursuance of a detention and training order shall be deemed to be in legal custody.
(1) The period of supervision of an offender who is subject to a detention and training order—
(a) shall begin with the offender’s release, whether at the half-way point of the term of the order or otherwise; and
(b) subject to subsection (2) below, shall end when the term of the order ends.
(2) The Secretary of State may by order provide that the period of supervision shall end at such point during the term of a detention and training order as may be specified in the order under this subsection.
(3) During the period of supervision, the offender shall be under the supervision of—
(a) a probation officer;
(b) a social worker of a local authority social services department; or
(c) a member of a youth offending team;
and the category of person to supervise the offender shall be determined from time to time by the Secretary of State.
(4) Where the supervision is to be provided by a probation officer, the probation officer shall be an officer appointed for or assigned to the petty sessions area within which the offender resides for the time being.
(5) Where the supervision is to be provided by—
(a) a social worker of a local authority social services department, or
(b) a member of a youth offending team,
the social worker or member shall be a social worker of, or a member of a youth offending team established by, the local authority within whose area the offender resides for the time being.
(6) The offender shall be given a notice from the Secretary of State specifying—
(a) the category of person for the time being responsible for his supervision; and
(b) any requirements with which he must for the time being comply.
(7) A notice under subsection (6) above shall be given to the offender—
(a) before the commencement of the period of supervision; and
(b) before any alteration in the matters specified in subsection (6)(a) or (b) above comes into effect.
(1) Where a detention and training order is in force in respect of an offender and it appears on information to a justice of the peace acting for a relevant petty sessions area that the offender has failed to comply with requirements under section 103(6)(b) above, the justice—
(a) may issue a summons requiring the offender to appear at the place and time specified in the summons before a youth court acting for the area; or
(b) if the information is in writing and on oath, may issue a warrant for the offender’s arrest requiring him to be brought before such a court.
(2) For the purposes of this section a petty sessions area is a relevant petty sessions area in relation to a detention and training order if—
(a) the order was made by a youth court acting for it; or
(b) the offender resides in it for the time being.
(3) If it is proved to the satisfaction of the youth court before which an offender appears or is brought under this section that he has failed to comply with requirements under section 103(6)(b) above, that court may—
(a) order the offender to be detained, in such secure accommodation as the Secretary of State may determine, for such period, not exceeding the shorter of three months or the remainder of the term of the detention and training order, as the court may specify; or
(b) impose on the offender a fine not exceeding level 3 on the standard scale.
(4) An offender detained in pursuance of an order under subsection (3)(a) above shall be deemed to be in legal custody.
(5) A fine imposed under subsection (3)(b) above shall be deemed, for the purposes of any enactment, to be a sum adjudged to be paid by a conviction.
(6) An offender may appeal to the Crown Court against any order made under subsection (3)(a) or (b) above.
(1) This section applies to a person subject to a detention and training order if—
(a) after his release and before the date on which the term of the order ends, he commits an offence punishable with imprisonment in the case of a person aged 21 or over (“the new offence”); and
(b) whether before or after that date, he is convicted of the new offence.
(2) Subject to section 8(6) above (duty of adult magistrates' court to remit young offenders to youth court for sentence), the court by or before which a person to whom this section applies is convicted of the new offence may, whether or not it passes any other sentence on him, order him to be detained in such secure accommodation as the Secretary of State may determine for the whole or any part of the period which—
(a) begins with the date of the court’s order; and
(b) is equal in length to the period between the date on which the new offence was committed and the date mentioned in subsection (1) above.
(3) The period for which a person to whom this section applies is ordered under subsection (2) above to be detained in secure accommodation—
(a) shall, as the court may direct, either be served before and be followed by, or be served concurrently with, any sentence imposed for the new offence; and
(b) in either case, shall be disregarded in determining the appropriate length of that sentence.
(4) Where the new offence is found to have been committed over a period of two or more days, or at some time during a period of two or more days, it shall be taken for the purposes of this section to have been committed on the last of those days.
(5) A person detained in pursuance of an order under subsection (2) above shall be deemed to be in legal custody.
(1) Where a court passes a sentence of detention in a young offender institution in the case of an offender who is subject to a detention and training order, the sentence shall take effect as follows—
(a) if the offender has been released by virtue of subsection (2), (3), (4) or (5) of section 102 above, at the beginning of the day on which it is passed;
(b) if not, either as mentioned in paragraph (a) above or, if the court so orders, at the time when the offender would otherwise be released by virtue of subsection (2), (3), (4) or (5) of section 102.
(2) Where a court makes a detention and training order in the case of an offender who is subject to a sentence of detention in a young offender institution, the order shall take effect as follows—
(a) if the offender has been released under Part II of the [1991 c. 53.] Criminal Justice Act 1991 (early release of prisoners), at the beginning of the day on which it is made;
(b) if not, either as mentioned in paragraph (a) above or, if the court so orders, at the time when the offender would otherwise be released under that Part.
(3) Subsection (1)(a) above has effect subject to section 105(3)(a) above and subsection (2)(a) above has effect subject to section 116(6)(b) below.
(4) Subject to subsection (5) below, where at any time an offender is subject concurrently—
(a) to a detention and training order, and
(b) to a sentence of detention in a young offender institution,
he shall be treated for the purposes of sections 102 to 105 above and of section 98 above (place of detention), Chapter IV of this Part (return to detention) and Part II of the [1991 c. 53.] Criminal Justice Act 1991 (early release) as if he were subject only to the one of them that was imposed on the later occasion.
(5) Nothing in subsection (4) above shall require the offender to be released in respect of either the order or the sentence unless and until he is required to be released in respect of each of them.
(6) Where, by virtue of any enactment giving a court power to deal with a person in a way in which a court on a previous occasion could have dealt with him, a detention and training order for any term is made in the case of a person who has attained the age of 18, the person shall be treated as if he had been sentenced to detention in a young offender institution for the same term.
(1) In sections 102, 104 and 105 above “secure accommodation” means—
(a) a secure training centre;
(b) a young offender institution;
(c) accommodation provided by a local authority for the purpose of restricting the liberty of children and young persons;
(d) accommodation provided for that purpose under subsection (5) of section 82 of the [1989 c. 41.] Children Act 1989 (financial support by the Secretary of State); or
(e) such other accommodation provided for the purpose of restricting liberty as the Secretary of State may direct.
(2) In sections 102 to 105 above references to the term of a detention and training order shall be construed in accordance with section 101(13) above.
(1) In any case where, but for section 89(1) above, a court would have power—
(a) to commit a person aged at least 18 but under 21 to prison for default in payment of a fine or any other sum of money, or
(b) to make an order fixing a term of imprisonment in the event of such a default by such a person, or
(c) to commit such a person to prison for contempt of court or any kindred offence,
the court shall have power, subject to subsection (3) below, to commit him to be detained under this section or, as the case may be, to make an order fixing a term of detention under this section in the event of default, for a term not exceeding the term of imprisonment.
(2) For the purposes of subsection (1) above, the power of a court to order a person to be imprisoned under section 23 of the [1971 c. 32.] Attachment of Earnings Act 1971 shall be taken to be a power to commit him to prison.
(3) No court shall commit a person to be detained under this section unless it is of the opinion that no other method of dealing with him is appropriate; and in forming any such opinion, the court—
(a) shall take into account all such information about the circumstances of the default or contempt (including any aggravating or mitigating factors) as is available to it; and
(b) may take into account any information about that person which is before it.
(4) Where a magistrates' court commits a person to be detained under this section, it shall—
(a) state in open court the reason for its opinion that no other method of dealing with him is appropriate; and
(b) cause that reason to be specified in the warrant of commitment and to be entered in the register.
(5) Subject to section 22(2)(b) of the [1952 c. 52.] Prison Act 1952 (removal to hospital etc.), a person in respect of whom an order has been made under this section is to be detained—
(a) in a remand centre,
(b) in a young offender institution, or
(c) in any place in which a person aged 21 or over could be imprisoned or detained for default in payment of a fine or any other sum of money,
as the Secretary of State may from time to time direct.
(1) This section applies where—
(a) a person is convicted of a serious offence committed after 30th September 1997; and
(b) at the time when that offence was committed, he was 18 or over and had been convicted in any part of the United Kingdom of another serious offence.
(2) The court shall impose a life sentence, that is to say—
(a) where the offender is 21 or over when convicted of the offence mentioned in subsection (1)(a) above, a sentence of imprisonment for life,
(b) where he is under 21 at that time, a sentence of custody for life under section 94 above,
unless the court is of the opinion that there are exceptional circumstances relating to either of the offences or to the offender which justify its not doing so.
(3) Where the court does not impose a life sentence, it shall state in open court that it is of that opinion and what the exceptional circumstances are.
(4) An offence the sentence for which is imposed under subsection (2) above shall not be regarded as an offence the sentence for which is fixed by law.
(5) An offence committed in England and Wales is a serious offence for the purposes of this section if it is any of the following, namely—
(a) an attempt to commit murder, a conspiracy to commit murder or an incitement to murder;
(b) an offence under section 4 of the Offences Against the [1861 c. 100.] Person Act 1861 (soliciting murder);
(c) manslaughter;
(d) an offence under section 18 of the Offences Against the [1861 c. 100.] Person Act 1861 (wounding, or causing grievous bodily harm, with intent);
(e) rape or an attempt to commit rape;
(f) an offence under section 5 of the [1956 c. 69.] Sexual Offences Act 1956 (intercourse with a girl under 13);
(g) an offence under section 16 (possession of a firearm with intent to injure), section 17 (use of a firearm to resist arrest) or section 18 (carrying a firearm with criminal intent) of the [1968 c. 27.] Firearms Act 1968; and
(h) robbery where, at some time during the commission of the offence, the offender had in his possession a firearm or imitation firearm within the meaning of that Act.
(6) An offence committed in Scotland is a serious offence for the purposes of this section if the conviction for it was obtained on indictment in the High Court of Justiciary and it is any of the following, namely—
(a) culpable homicide;
(b) attempted murder, incitement to commit murder or conspiracy to commit murder;
(c) rape or attempted rape;
(d) clandestine injury to women or an attempt to cause such injury;
(e) sodomy, or an attempt to commit sodomy, where the complainer, that is to say, the person against whom the offence was committed, did not consent;
(f) assault where the assault—
(i) is aggravated because it was carried out to the victim’s severe injury or the danger of the victim’s life; or
(ii) was carried out with an intention to rape or to ravish the victim;
(g) robbery where, at some time during the commission of the offence, the offender had in his possession a firearm or imitation firearm within the meaning of the [1968 c. 27.] Firearms Act 1968;
(h) an offence under section 16 (possession of a firearm with intent to injure), section 17 (use of a firearm to resist arrest) or section 18 (carrying a firearm with criminal intent) of that Act;
(i) lewd, libidinous or indecent behaviour or practices; and
(j) an offence under section 5(1) of the [1995 c. 39.] Criminal Law (Consolidation) (Scotland) Act 1995 (unlawful intercourse with a girl under 13).
(7) An offence committed in Northern Ireland is a serious offence for the purposes of this section if it is any of the following, namely—
(a) an offence falling within any of paragraphs (a) to (e) of subsection (5) above;
(b) an offence under section 4 of the [1885 c. 69.] Criminal Law Amendment Act 1885 (intercourse with a girl under 14);
(c) an offence under Article 17 (possession of a firearm with intent to injure), Article 18(1) (use of a firearm to resist arrest) or Article 19 (carrying a firearm with criminal intent) of the [S.I. 1981/155 (N.I. 2).] Firearms (Northern Ireland) Order 1981; and
(d) robbery where, at some time during the commission of the offence, the offender had in his possession a firearm or imitation firearm within the meaning of that Order.
(1) This section applies where—
(a) a person is convicted of a class A drug trafficking offence committed after 30th September 1997;
(b) at the time when that offence was committed, he was 18 or over and had been convicted in any part of the United Kingdom of two other class A drug trafficking offences; and
(c) one of those other offences was committed after he had been convicted of the other.
(2) The court shall impose an appropriate custodial sentence for a term of at least seven years except where the court is of the opinion that there are particular circumstances which—
(a) relate to any of the offences or to the offender; and
(b) would make it unjust to do so in all the circumstances.
(3) Where the court does not impose such a sentence, it shall state in open court that it is of that opinion and what the particular circumstances are.
(4) Where—
(a) a person is charged with a class A drug trafficking offence (which, apart from this subsection, would be triable either way), and
(b) the circumstances are such that, if he were convicted of the offence, he could be sentenced for it under subsection (2) above,
the offence shall be triable only on indictment.
(5) In this section “class A drug trafficking offence” means a drug trafficking offence committed in respect of a class A drug; and for this purpose—
“class A drug” has the same meaning as in the [1971 c. 38.] Misuse of Drugs Act 1971;
“drug trafficking offence” means a drug trafficking offence within the meaning of the [1994 c. 37.] Drug Trafficking Act 1994, the [1995 c. 43.] Proceeds of Crime (Scotland)Act 95 or the [S.I. 1996/1299 (N.I. 9).] Proceeds of Crime (Northern Ireland) Order 1996.
(6) In this section “an appropriate custodial sentence” means—
(a) in relation to a person who is 21 or over when convicted of the offence mentioned in subsection (1)(a) above, a sentence of imprisonment;
(b) in relation to a person who is under 21 at that time, a sentence of detention in a young offender institution.
Powers of Criminal Courts (Sentencing) Act 2000