1 General restriction on custodial sentences.E+W
(1)Subject to subsection (2) below, no court shall pass a sentence of imprisonment on a person under 21 years of age or commit such a person to prison for any reason.
(2)Nothing in subsection (1) above shall prevent the committal to prison of a person under 21 years of age who is remanded in custody or committed in custody for trial or sentence.
F1(3)(4)(4A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F2(5)No court shall commit a person under 21 years of age to be detained under section 9 below unless it is of the opinion that no other method of dealing with him is appropriate; and in forming any such opinion, the court—
(a)shall take into account all such information about the circumstances of the default or contempt (including any aggravating or mitigating factors) as is available to it; and
(b)may take into account any information about that person which is before it.
(5A)Where a magistrates’ court commits a person under 21 years of age to be detained under section 9 below, it shall—
(a)state in open court the reason for its opinion that no other method of dealing with him is appropriate; and
(b)cause that reason to be specified in the warrant of commitment and to be entered in the register.]
(6)For the purposes of any provision of this Act which requires the determination of the age of a person by the court or the Secretary of State his age shall be deemed to be that which it appears to the court or the Secretary of State (as the case may be) to be after considering any available evidence.
Textual Amendments
F1S. 1(3)-(4A) repealed (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(2), Sch.13; S.I. 1992/333, art. 2(2), Sch.2
F2S. 1(5)(5A) substituted (1.10.1992) for s. 1(5) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para.30; S.I. 1992/333, art. 2(2), Sch. 2