Textual Amendments
F1Sch. 5A inserted by Armed Forces Act 1976 (c. 52), Sch. 4 para. 1
10(1)Where a civilian who has attained [F2the minimum age] but is under 21 years of age is found guilty of an offence punishable under this Act with imprisonment, the court shall have power, [F3subject to subsection (1A) below], to make an order (in this Schedule referred to as a “custodial order”) committing him to be detained in accordance with the provisions of this paragraph
[F4(a)if the order is made by a court-martial, for a period to be specified in the order not exceeding the maximum period for which he could have been sentenced to imprisonment if he had attained the age of 21; or
(b)if it is made by a Standing Civilian Court, for a period of not more than six months.]
[F5and 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.]
[F6(1A)The court shall not make a custodial order in respect of an offender unless it is of the opinion that no other method of dealing with him is appropriate [F7and the court shall not make a custodial order committing an offender under 17 yearsof 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.]
(1B)For the purposes of determining whether there is any appropriate method of dealing with an offender other than making a custodial order in respect of him the court shall obtain and consider in formation about the circumstances, and shall take into account any information before the court which is relevant to his character and his mental and physical condition.]
(2)Before making a custodial order, the court shall consider any report made in respect of the offender by or on behalf of the Secretary of State.
(3)The court shall give a copy of any such report to the offender or any person representing him.
[F8(3A)Where a Standing Civilian Court makes a custodial order in respect of an offender, it shall state in open court the reason for its opinion that no other method of dealing with him is appropriate.
(3B)A Standing Civilian Court shall cause a reason stated under sub-paragraph (3A) above to be specified in the custodial order and to be recorded in the proceedings.]
(4)A person in respect of whom such an order is made shall as soon as practicable be removed to the United Kingdom and shall be detained there in such appropriate institution as the Secretary of State may direct, and any enactment applying to persons detained in any such institution shall apply to a person so detained under this paragraph.
(5)A custodial order shall be sufficient authority for the detention of the person subject to it in service custody until he is received into the institution specified in the Secretary of State’s direction.
[F9(5A)The following provisions shall apply in the case of a sentence under a custodial order as they apply in the case of a sentence of imprisonment by the same court, that is to say—
(a)where the court is a court-martial, sections 118(1) and 118A(1) and (3) of this Act; and
(b)where the court is a Standing Civilian Court, section 8(2) of the M1Armed Forces Act 1976;
and, accordingly, references in those provisions to a sentence of imprisonment shall include for the purposes of this sub-paragraph references to a sentence under a custodial order.]
[F10(5B)For the period before a person sentenced under a custodial order is received into the institution where he is to be detained (or for the currency of the sentence if its term ends before he is so received), sections 119(2), (4) and (5), 122, 123, 129,142 and 190B of this Act shall apply in the case of the sentence as they apply in the case of a sentence of [F11imprisonment].]
(6)In this paragraph “appropriate institution” means—
[F12(a)where the offender is removed to England or Wales, any institution in which a person sentenced to detention in a young offender institution could be detained, section 1C of the Criminal Justice Act 1982 having effect in relation to the offender as it has effect in relation to an offender sentenced to detention in a young offender institution;]
[F13(b)where the offender is removed to Scotland, a young offenders institution;]
[F14(c)where the offender is removed to Northern Ireland,
[F15(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;];]
and in sub-paragraph (4) above “enactment”, in relation to an offender who is removed to Northern Ireland, includes an enactment of the Parliament of Northern Ireland and a Measure of the Northern Ireland Assembly.
[F16(6A)Section 15 of the Criminal Justice Act 1982 (release of young offenders) shall apply to persons released from a term of detention under a custodial order as it applies to persons released from a term of detention under a detention centre order or a term of youth custody.]
[F17(6B)[F18Section 32 of the Prisons (Scotland) Act 1989] (supervision of young offenders following release) shall apply to persons released from a term of detention under a custodial order as it applies to those released from a term of detention imposed under section 207 or section 415 of the Criminal Procedure (Scotland) Act M21975.]
Textual Amendments
F2Words substituted by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 11(1)(a)(6)
F3Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 58, Sch. 8 para.7(a)(i)
F4Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 58, Sch. 8 para.7(a)(ii)
F5Words inserted by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 11(1)(b)(6)
F6Sch. 5A para. 10(1A)(1B) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 58, Sch. 8 para. 7(b)
F7Words inserted by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 11(2)(6)
F8Sch. 5A para. 10(3A)(3B) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 58,Sch. 8 para. 7(c)
F9Sch. 5A para. 10(5A) (which was inserted by Armed Forces Act 1981 (c. 55), Sch. 1 para. 3(3)) substituted by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 16(1), Sch. 1 para. 5(3)
F11Word substituted by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 16(1), Sch. 1 para. 5(4)
F12Sch. 5A para. 10(6)(a) substituted (E.W.) by Criminal Justice Act 1988 (c. 33, SIF 39:1),s. 123(6), Sch. 8 para. 5(a)
F13Sch. 5A para. 10(6)(b) substituted (S.) by Criminal Justice Act 1988 (c. 33, SIF 39:1),s. 124(4), Sch. 9 para. 3(a)
F14Para. 10(6)(c) substituted by S.I. 1980/1088, art. 3
F15Sch. 5A para. 10(6)(c)(i)(ii) substituted for words by Armed Forces Act 1986 (c. 21, SIF7:1), s. 11(4)(6)
F16Sch. 5A para. 10(6A) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 58, Sch.8 para. 7(e)
F17Sch. 5A para. 10(6B) inserted (S.) by Law Reform (Miscellaneous Provisions) (Scotland)Act 1985 (c. 73, SIF 39:1), s. 46(2)
F18Words substituted by Prisons (Scotland) Act 1989 (c. 45, SIF 39:1), s. 45(1), Sch. 2para. 3
Marginal Citations
Textual Amendments applied to the whole legislation
F19Act: the provisions of the 1955 Acts providing for findings of courts-martial to be subject to confirmation and to revision at the direction of the confirming officer cease to have effect (1.4.1997 subject to art. 3 of the commencing S.I.) by virtue of 1996 c. 46, s. 15; S.I. 1997/304, arts. 2, 3, Sch. 2