Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

Part V E+W CUSTODIAL SENTENCES ETC.

Chapter II E+W Detention and custody of young offenders

Modifications etc. (not altering text)

C1 Pt. 5 Ch. II: power to amend or repeal conferred (prosp.) by 2001 c. 19, ss. 31(1)(a)(3)(6)(7), 39(2)

Detention at Her Majesty’s pleasure or for specified period E+W

90 Offenders who commit murder [F1 etc.] when under 18: duty to detain at Her Majesty’s pleasure. E+W

Where a person convicted of murder [F1 or any other offence the sentence for which is fixed by law as life imprisonment] appears to the court to have been aged under 18 at the time the offence was committed, the court shall (notwithstanding anything in this or any other Act) sentence him to be detained during Her Majesty’s pleasure.

Textual Amendments

F1 Words in s. 90 and the sidenote inserted (30.11.2000) by 2000 c. 43, s. 60(2)(3)

91 Offenders under 18 convicted of certain serious offences: power to detain for specified period. E+W

(1) Subsection (3) below applies where a person aged under 18 is convicted on indictment of—

(a) an offence punishable in the case of a person aged 21 or over with imprisonment for 14 years or more, not being an offence the sentence for which is fixed by law; or

(b) an offence under section 14 of the M1 Sexual Offences Act 1956 (indecent assault on a woman); or

(c) an offence under section 15 of that Act (indecent assault on a man) committed after 30th September 1997.

(2) Subsection (3) below also applies where a person aged at least 14 but under 18 is convicted of an offence under—

(a) section 1 of the M2 Road Traffic Act 1988 (causing death by dangerous driving); or

(b) section 3A of that Act (causing death by careless driving while under influence of drink or drugs).

(3) If the court is of the opinion that none of the other methods in which the case may legally be dealt with is suitable, the court may sentence the offender to be detained for such period, not exceeding the maximum term of imprisonment with which the offence is punishable in the case of a person aged 21 or over, as may be specified in the sentence.

(4) Subsection (3) above is subject to (in particular) sections 79 and 80 above.

Marginal Citations

M1 1956 c. 69.

M2 1988 c. 52.

92 Detention under sections 90 and 91: place of detention etc. E+W

(1) A person sentenced to be detained under section 90 or 91 above shall be liable to be detained in such place and under such conditions—

(a) as the Secretary of State may direct; or

(b) as the Secretary of State may arrange with any person.

(2) A person detained pursuant to the directions or arrangements made by the Secretary of State under this section shall be deemed to be in legal custody.

(3) A direction of the Secretary of State under this section may be signified only—

(a) under the hand of the Secretary of State or an Under-Secretary of State or an Assistant Under-Secretary; or

(b) under the hand of an authorised officer;

and arrangements of the Secretary of State under this section may be signified only as mentioned in paragraph (a) above.