PART IPROVISIONS WITH RESPECT TO SENTENCES ON AND DETENTION OF YOUNG OFFENDERS

Young offenders centres

5F1Detention in a young offenders centre.

1

Where—

a

a person of not less than sixteen but under twenty-one years of age has been convicted (whether summarily or on indictment) of an offence which is punishable with imprisonment in the case of a person aged twenty-one years or over; and

b

the court considers that he should serve a term of detention,

the court may, subject toF2 Article 47 of the Criminal Justice (Children) (Northern Ireland) Order 1998, order him to be detained in a young offenders centre for a term which shall not exceed—

i

the maximum term of imprisonment which the court could impose for the offence in the case of a person aged twenty-one years or over; or

ii

four years,

whichever is the lesser.

2

Where the court orders a person to be detained in a young offenders centre under subsection (1) for a term which exceeds—

a

eighteen months, in the case of a person who has previously served a sentence of imprisonment or a term of detention in a young offenders centre;

b

six months, in any other case,

it shall state the reason and cause it to be entered in the record of the proceedings along with the sentence.

3

Where—

a

a person of not less than sixteen but under twenty-one years of age has been guilty of any default for which the court could, if he were aged twenty-one years or over, commit him to prison; and

b

the court considers that he should serve a term of detention,

the court may, subject toF2F3Article 46C of the Criminal Justice (Children) (Northern Ireland) Order 1998, order him to be detained in a young offenders centre for a term not exceeding that for which, if he were aged twenty-one years or over, he could be committed to prison.

4

Where a court orders a person to be detained in a young offenders centre, it may order that the term of that detention shall commence on the expiration of any other term of detention ordered by that or any other court.

5

Where the Crown Court orders a person to be detained in a young offenders centre for two or more terms of detention to run consecutively, the aggregate of those terms shall not exceed four years.

6

Where a magistrates' court orders a person to be detained in a young offenders centre for two or more terms of detention to run consecutively, the aggregate of those terms shall not exceed—

a

except as provided by paragraph (b) or any other enactment, twelve months;

b

in the case of terms of detention in respect of indictable offences tried summarily, eighteen months.