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Part VCustodial sentences etc.

Chapter IIDetention and custody of young offenders

Custody for life

93Duty to impose custody for life in certain cases where offender under 21

Where a person aged under 21 is convicted of murder or any other offence the sentence for which is fixed by law as imprisonment for life, the court shall sentence him to custody for life unless he is liable to be detained under section 90 above.

94Power to impose custody for life in certain other cases where offender at least 18 but under 21

(1)Where a person aged at least 18 but under 21 is convicted of an offence—

(a)for which the sentence is not fixed by law, but

(b)for which a person aged 21 or over would be liable to imprisonment for life,

the court shall, if it considers that a sentence for life would be appropriate, sentence him to custody for life.

(2)Subsection (1) above is subject to (in particular) sections 79 and 80 above, but this subsection does not apply in relation to a sentence which falls to be imposed under section 109(2) below.

95Custody for life: place of detention

(1)Subject to section 22(2)(b) of the [1952 c. 52.] Prison Act 1952 (removal to hospital etc.), an offender sentenced to custody for life shall be detained in a young offender 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 custody for life shall be detained in a prison or remand centre instead of a young offender institution.