Powers of Criminal Courts (Sentencing) Act 2000

Custodial sentences for young offenders: section 98 and re-sentencing powers E+W

6 In relation to an offender sentenced to detention in a young offender institution before 1st April 2000, section 98(2) of this Act shall have effect as if at the end there were inserted “ , but if he is under 18 at the time of the direction, only for a temporary purpose ”. E+W

7 A court to which it falls after the commencement of this Act to determine for the purposes of any enactment how a previous court could or might have dealt with an offender shall in the case of an offender aged under 18 make that determination— E+W

(a) as if sections 100 to 107 of this Act (detention and training orders) and section 96 of this Act (detention in a young offender institution available only if offender is at least 18) had been in force; and

(b) as if sections 1 to 4 of the M1 Criminal Justice and Public Order Act 1994 (secure training orders, repealed by the M2 Crime and Disorder Act 1998) had not been in force.

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Marginal Citations

M1 1994 c. 33.

M2 1998 c. 37.