Armed Forces Act 1986

11 Extension of power to make custodial orders in relation to civilians

(1) In Schedule 5A to each of the 1955 Acts and Schedule 4A to the 1957 Act, in paragraph 10(1) (custodial orders in respect of offender under 21 but not less than 17 years of age)—

(a) for the words " 17 years of age " there shall be substi-rated the words " the minimum age " ; and

(b) at the end there shall be inserted the words—

“and in this sub-paragraph ' the minimum age', in relation to a male offender, means 15 years of age and, in relation to a female offender, means 17 years of age.”

(2) In paragraph 10(1A) of each of the Schedules amended by subsection (1) above (restriction on making of custodial orders), at the end there shall be inserted the words " and the court shall not make a custodial order committing an offender under 17 years of age to be detained for a period which exceeds twelve months or for a period such that the continuous period for which he is committed to be detained under that order and any one or more other custodial orders exceeds twelve months."

(3) In paragraph 10 (6) (b) of each of the said Schedules (appropriate institution in Scotland), for sub-paragraph (i) there shall be substituted the following sub-paragraphs—

“(i) if the offender is a male person who is under the age of 16 years, such place as the Secretary of State may direct;

(ia) subject to sub-paragraph ((b) below, if the offender is a male person who has attained 16 years of age and the period specified in the order is not less than twenty-eight days nor more than four months, a detention centre;

(ib) where detention in a detention centre would be required by sub-paragraph (ia) above but the offender has already served such a sentence, a young offenders institution; and”.

(4) In paragraph 10(6)(c) of each of the said Schedules (appropriate institution in Northern Ireland), for the words " a young offenders centre " there shall be substituted the following subparagraphs—

“(i) if the offender is a male person who is under the age of 17 years, a remand home ; and

(ii) in any other case, a young offenders centre ;”.

(5) In the third column of the Table in paragraph 15(3) of each of the said Schedules (scale of punishments and orders for offenders under 17), after paragraph 1 there shall be inserted the following paragraph—

“1A Custodial order.”

(6) This section shall not have effect in relation to offences committed before the coming into force of this section.