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Part IE+W+S+N.I. Treatment of Young Offenders

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Modifications etc. (not altering text)

Custody and detention of persons under 21E+W+S+N.I.

1 General restriction on custodial sentences.E+W

F1(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(3)(4)(4A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1(5A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)For the purposes of any provision of this Act which requires the determination of the age of a person by the court or the Secretary of State his age shall be deemed to be that which it appears to the court or the Secretary of State (as the case may be) to be after considering any available evidence.

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Amendments (Textual)

F31A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F41B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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F51C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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F62. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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F73. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F7S. 3 repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

4—7.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8E+W

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F98. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F9S. 8 repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F109. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

10 Computation of custodial sentences for young offenders.E+W

The following subsections shall be added at the end of section 67 of the M1Criminal Justice Act 1967 (reduction of custodial sentence by period already spent in custody)—

(5)This section applies—

(a)to orders made under section 4 of the Criminal Justice Act 1982 (detention centre orders); and

(b)to sentences passed by virtue of section 6 of the Criminal Justice Act 1982 (youth custody sentences),

as it applies to sentences of imprisonment.

(6)The reference in subsection (1) above to an offender being committed to custody by an order of a court includes a reference to his being committed to a remand centre or to prison under section 23 of the Children and Young Persons Act 1969 or section 37 of the Magistrates’ Courts Act 1980 but does not include a reference to his being committed to the care of a local authority under the said section 23..

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Marginal Citations

Accommodation of young offendersE+W

11 Provision of premises for young offenders etc.E+W

The following section shall be substituted for section 43 of the M2Prison Act 1952—

43 Remand centres, detention centres and youth custody centres.

(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;

(b)detention centres, that is to say places in which male offenders not less than 14 but under 21 years of age who are ordered to be detained in such centres under the Criminal Justice Act 1982 may be kept for short periods under discipline suitable to persons of their age and description; and

(c)youth custody centres, that is to say places in which offenders not less than 15 but under 21 years of age may be detained and given training, instruction and work and prepared for their release.

(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 or 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.

(5)The other provisions of this Act preceding this section, except sections 28 and 37(2) above, shall apply to such 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 section 12 of the Criminal Justice Act 1982..

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Marginal Citations

F1112. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Provisions supplementary to sections 1 to 12E+W+S+N.I.

F1213. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13E+W+S+N.I.

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Amendments (Textual)

F1415

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Attendance centresE+W+S+N.I.

F1516. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F1617. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F1718. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F1819. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Supervision ordersE+W

F1920. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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F2021. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Offences by person subject to care order owing to previous offenceE+W

F2122. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Care orders and children in careE+W

F2223. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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F2324. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F2425. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Sanctions against parents and guardiansE+W+S+N.I.

F2526. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F2627. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F2728 Increase of limit on amount of recognisance to be taken from parents and guardians.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

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