Part V CUSTODIAL SENTENCES ETC.
C1 Chapter IIDetention and custody of young offenders
Detention at Her Majesty’s pleasure or for specified period
C2C391 Offenders under 18 convicted of certain serious offences: power to detain for specified period.
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.
F11A
Subsection (3) below also applies where—
a
a person aged under 18 is convicted on indictment of an offence—
i
under subsection (1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c) of section 5 of the Firearms Act 1968 (prohibited weapons), or
ii
under subsection (1A)(a) of that section,
b
the offence was committed after the commencement of section 51A of that Act and at a time when he was aged 16 or over, and
c
the court is of the opinion mentioned in section 51A(2) of that Act (exceptional circumstances which justify its not imposing required custodial sentence).
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.
F25
Where subsection (2) of section 51A of the Firearms Act 1968 requires the imposition of a sentence of detention under this section for a term of at least the required minimum term (within the meaning of that section), the court shall sentence the offender to be detained for such period, of at least that term but not exceeding the maximum term of imprisonment with which the offence is punishable in the case of a person aged 18 or over, as may be specified in the sentence.
Pt. 5 Ch. 2 power to modify, amend or repeal conferred (30.9.2003) by Armed Forces Act 2001 (c. 19), ss. 31(1)(a)(3)(6)(7), 39(2); S.I. 2003/2268, art. 2