xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

Valid from 25/08/2000

Part VE+W CUSTODIAL SENTENCES ETC.

Chapter IIE+WDetention and custody of young offenders

Modifications etc. (not altering text)

C1Pt. 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 periodE+W

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 M1Sexual 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 M2Road 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