Prison Act 1952

43 Remand centres, detention centres and Borstal institutions

(1) The Secretary of State may provide—

(a) remand centres, that is to say places for the detention of persons not less than fourteen but under twenty-one years of age who are remanded or committed in custody for trial or sentence;

(b) detention centres, that is to say places in which persons not less than fourteen but under twenty-one years of age who are ordered to be detained in such centres under the Criminal Justice Act, 1948, may be kept for short periods under discipline suitable to persons of their age and description; and

(c) Borstal institutions, that is to say places in which offenders not less than sixteen but under twenty-one years of age may be detained and given such training and instruction as will conduce to their reformation and the prevention of crime.

(2) The Secretary of State shall provide in remand centres facilities for the observation of any person detained therein on whose physical or mental condition a medical report may be desirable for the assistance of the court in determining the most suitable method of dealing with his case.

(3) The following provisions, that is to say—

(a) section six of the Prevention of Crimes Act, 1871 (which relates to the registration of prisoners);

(b) subsections (2) and (3) of section six, section sixteen, subsection (1) of section eighteen, and sections twenty-two and thirty-six of this Act; and

(c) subject as provided in the next following subsection, the other provisions of this Act preceding this section,

shall apply to remand centres, detention centres and Borstal institutions and to persons detained therein as they apply to prisons and prisoners.

(4) The application as aforesaid of the provisions mentioned in paragraph (c) of the preceding subsection shall be subject to the following exceptions, adaptations and modifications:—

(a) subsection (1) of section six, subsections (2) to (6) of section eighteen, subsections (2) to (6) of section twenty-five, sections twenty-six to thirty and subsection (2) of section thirty-seven shall not so apply ;

(b) subsections (1) and (7) of section twenty-five shall not apply to remand centres or Borstal institutions;

(c) subsection (4) of section six shall not apply to remand centres and detention centres, and shall apply to persons detained in Borstal institutions as it applies to persons sentenced to corrective training or preventive detention; but the report required, by that subsection, as so applied, shall be made on the advisability of their release under supervision;

(d) the provisions mentioned in paragraph (c) of the last preceding subsection other than those specified in paragraphs (a) to (c) hereof shall apply as aforesaid, subject to such adaptations and modifications as may be made by rules of the Secretary of State.

(5) References in the preceding provisions of this Act to imprisonment shall, so far as those provisions apply to institutions provided under this section, be construed as including detention in those institutions.