PART I

PROVISIONS WITH RESPECT TO SENTENCES ON AND DETENTION OF YOUNG OFFENDERS

Young offenders centres

Detention in a young offenders centre.
5
1
Where—
a
a person of not less than sixteen but under twenty-one years of age has been convicted (whether summarily or on indictment) of an offence which is punishable with imprisonment in the case of a person aged twenty-one years or over; and
b
the court considers that he should serve a term of detention,
the court may, subject to
Article 47 of the Criminal Justice (Children) (Northern Ireland) Order 1998
, order him to be detained in a young offenders centre for a term which shall not exceed—
i
the maximum term of imprisonment which the court could impose for the offence in the case of a person aged twenty-one years or over; or
ii
four years,
whichever is the lesser.
2
Where the court orders a person to be detained in a young offenders centre under subsection (1) for a term which exceeds—
a
eighteen months, in the case of a person who has previously served a sentence of imprisonment or a term of detention in a young offenders centre;
b
six months, in any other case,
it shall state the reason and cause it to be entered in the record of the proceedings along with the sentence.
3
Where—
a
a person of not less than sixteen but under twenty-one years of age has been guilty of any default for which the court could, if he were aged twenty-one years or over, commit him to prison; and
b
the court considers that he should serve a term of detention,
the court may, subject to
Article 46C
of the Criminal Justice (Children) (Northern Ireland) Order 1998
, order him to be detained in a young offenders centre for a term not exceeding that for which, if he were aged twenty-one years or over, he could be committed to prison.
4
Where a court orders a person to be detained in a young offenders centre, it may order that the term of that detention shall commence on the expiration of any other term of detention ordered by that or any other court.
5
Where the Crown Court orders a person to be detained in a young offenders centre for two or more terms of detention to run consecutively, the aggregate of those terms shall not exceed four years.
6
Where a magistrates' court orders a person to be detained in a young offenders centre for two or more terms of detention to run consecutively, the aggregate of those terms shall not exceed—
a
except as provided by paragraph (b) or any other enactment, twelve months;
b
in the case of terms of detention in respect of indictable offences tried summarily, eighteen months.
1989 NI 15
1998 NI 9
Words in s. 5(3) substituted (1.6.2018) by Justice Act (Northern Ireland) 2016 (c. 21), ss. 30(6), 61(2) (with s. 30(12)); S.R. 2018/99, art. 2(a)