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Crime (Sentences) Act 1997

Status:

This is the original version (as it was originally enacted).

19Young offenders

(1)Subject to the provisions of this section, this Chapter applies to—

(a)a sentence of detention in a young offender institution; and

(b)a determinate sentence of detention under section 53 of the [1933 c. 12.] Children and Young Persons Act 1933 (“the 1933 Act”),

as it applies to an equivalent sentence of imprisonment.

(2)References in this Chapter to prisoners, or to prison or imprisonment, shall be construed in accordance with subsection (1) above.

(3)Section 9 above applies to periods of detention which offenders are liable to serve under secure training orders as it applies to sentences of imprisonment; and sections 9, 13 and 15 above apply to persons—

(a)remanded or committed to local authority accommodation under section 23 of the 1969 Act or section 37 of the [1980 c. 43.] Magistrates' Courts Act 1980 (“the 1980 Act”); and

(b)placed and kept in secure accommodation,

as they apply to persons remanded in or committed to custody by an order of a court.

(4)For each assessment period for the purposes of section 11 above during the whole or part of which the prisoner—

(a)is under 16; or

(b)is detained in local authority accommodation, or a home provided by the Secretary of State under section 82(5) of the [1989 c. 41.] Children Act 1989,

the prescribed person shall assume, for the purposes of subsection (2) or (3) of that section, that the prisoner’s behaviour had been such as to entitle him to the maximum number of early release days available under that subsection.

(5)For each assessment period for the purposes of section 13 above during the whole or part of which the accused—

(a)is under 16; or

(b)is a person to whom section 9 applies by virtue of subsection (3) above,

the prescribed person shall assume, for the purposes of subsection (2) or (3) of section 11 above as modified by section 13(2) above, that the accused’s behaviour had been such as to entitle him to the maximum number of early release days available under that subsection.

(6)In relation to a released offender who is under 22, section 16 above shall have effect as if—

(a)in subsection (1), paragraph (c) and, in paragraph (a), the words “of twelve months or more” were omitted; and

(b)in subsection (3)(a), the reference to supervision by a probation officer included a reference to supervision by a social worker of a local authority social services department.

(7)Where a released offender who is under 18 and whose sentence was a determinate sentence of detention under section 53 of the 1933 Act commits an offence under section 17 above, the court may deal with him as if subsection (3) of section 53 applied; but no sentence of detention imposed by virtue of this subsection shall be for a term exceeding the relevant period within the meaning of section 17 above.

(8)In relation to a released offender who is under 22 and whose sentence—

(a)was a sentence of detention in a young offender institution, or a sentence of detention under section 53 of the 1933 Act, for a term of less than 12 months; and

(b)was not imposed in respect of a sexual offence committed after the commencement of this Chapter,

section 17 above shall have effect as if the relevant period for the purposes of that section were a period of 30 days.

(9)Where an offender is released from a sentence of detention imposed under section 17 above as modified by subsection (8) above, he shall not be liable to a release supervision order in consequence of his conviction under that section.

(10)In this section “secure accommodation” has the same meaning as in section 23 of the 1969 Act, and—

(a)any reference to a sentence of detention in a young offender institution includes a reference to a sentence under a custodial order within the meaning of section 71AA of the [1955 c. 18.] Army Act 1955 or the [1955 c. 19.] Air Force Act 1955 or section 43AA of the [1957 c. 53.] Naval Discipline Act 1957; and

(b)any reference (however expressed) to a determinate sentence of detention under section 53 of the 1933 Act includes a reference to a sentence of detention under subsection (4) of section 71A of the Army Act 1955 or the Air Force Act 1955 or section 43A of the Naval Discipline Act 1957.

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