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Sex Offenders Act 1997

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4 Young sex offenders.E+W+S+N.I.

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

(a)a period of detention which a person is liable to serve under [F1a detention and training order or] a secure training order;

(b)a period for which a person is ordered to be detained in residential accommodation under section 44(1) of the M1Criminal Procedure (Scotland) Act 1995;

(c)a period of training in a training school, or of custody in a remand centre, which a person is liable to undergo or serve by virtue of an order under section 74(1)(a) or (e) of the M2Children and Young Persons Act (Northern Ireland) 1968;

(d)a sentence of detention in a young offender institution, a young offenders institution or a young offenders centre;

(e)a sentence under a custodial order within the meaning of section 71AA of the M3Army Act 1955 or the M4Air Force Act 1955 or section 43AA of the M5Naval Discipline Act 1957;

(f)a sentence of detention under [F2section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000], section 208 of the Criminal Procedure (Scotland) Act 1995 or section 73 of the Children and Young Persons Act (Northern Ireland) 1968;

(g)a sentence of custody for life under [F3section 93 or 94 of the Powers of Criminal Courts (Sentencing) Act 2000]; and

(h)a sentence of detention, or custody for life, under section 71A of the Army Act 1955 or the Air Force Act 1955 or section 43A of the Naval Discipline Act 1957,

as it applies to an equivalent sentence of imprisonment; and references in this Part to prison or imprisonment shall be construed accordingly.

(2)In the case of a person who is under 18 on the relevant date, section 1(4) above shall have effect as if for any reference to a period of 10 years, 7 years or 5 years there were substituted a reference to one-half of that period.

(3)In the case of a person falling within section 1(1)(a) or (b) above who is under the relevant age on the relevant date, the court may direct that, until he attains that age, sections 2 and 3 above shall have effect as if an individual having parental responsibility or, in Scotland, parental responsibilities for him—

(a)were authorised to comply on his behalf with the provisions of section 2 above; and

(b)were liable in his stead for any failure to comply with those provisions;

and in this subsection “the relevant age” means 18 in England and Wales and Northern Ireland and 16 in Scotland.

(4)In the case of a person who is under 18, section [F43(1A) above shall have effect as if, for paragraphs (a) and (b) there were substituted “on summary conviction to a fine not exceeding level 5 on the standard scale”].

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Amendments (Textual)

F2Words in s. 4(1)(f) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 189(a)

F3Words in s. 4(1)(g) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), SCh. 9 para. 189(b)

F4Words in s. 4(4) substituted (in force for E.W.N.I. for specified purposes on 2.5.2001 and in force for S. on 31.5.2001 and wholly in force for E.W.N.I. on 1.6.2001) by 2000 c. 43, s. 66, Sch. 5 para. 10; S.I. 2001/1651, art. 2(a)(b); S.S.I. 2001/166, art. 3

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