Part I Young Offenders

Custodial sentences for young offenders

16 Long term detention of young offenders.

1

Section 53 of the M1Children and Young Persons Act 1933 (which provides for the long term detention of children and young persons for certain grave crimes) shall be amended as follows.

2

In subsection (1), for the words after “conditions” there shall be substituted—

a

as the Secretary of State may direct, or

b

as the Secretary of State may arrange with any person.

3

In subsection (2), for the words from the beginning to the words “and the court” there shall be substituted the following—

2

Subsection (3) below applies—

a

where a person of at least 10 but not more than 17 years is convicted on indictment of—

i

any offence punishable in the case of an adult with imprisonment for fourteen years or more, not being an offence the sentence for which is fixed by law, or

ii

an offence under section 14 of the M2Sexual Offences Act 1956 (indecent assault on a woman);

b

where a young person is convicted of—

i

an offence under section 1 of the M3Road Traffic Act 1988 (causing death by dangerous driving), or

ii

an offence under section 3A of the Road Traffic Act 1988 (causing death by careless driving while under influence of drink or drugs).

3

Where this subsection applies, then, if the court

4

For the words from “as the” in subsection (3) to the end of the section there shall be substituted—

a

as the Secretary of State may direct, or

b

as the Secretary of State may arrange with any person.

4

A person detained pursuant to the directions or arrangements made by the Secretary of State under this section shall, while so detained, be deemed to be in legal custody.