Detention of persons aged at least 18 but under 21 for default or contemptE+W
108 Detention of persons aged at least 18 but under 21 for default or contempt.E+W
(1)In any case where, but for [F1section 227(2) of the Sentencing Code], a court would have power—
(a)to commit a person aged at least 18 but under 21 to prison for default in payment of a fine or any other sum of money, or
(b)to make an order fixing a term of imprisonment in the event of such a default by such a person, or
(c)to commit such a person to prison for contempt of court or any kindred offence,
the court shall have power, subject to subsection (3) below, to commit him to be detained under this section or, as the case may be, to make an order fixing a term of detention under this section in the event of default, for a term not exceeding the term of imprisonment.
(2)For the purposes of subsection (1) above, the power of a court to order a person to be imprisoned under section 23 of the M1Attachment of Earnings Act 1971 shall be taken to be a power to commit him to prison.
(3)No court shall commit a person to be detained under this section 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.
(4)Where a magistrates’ court commits a person to be detained under this section, 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.
(5)Subject to section 22(2)(b) of the M2Prison Act 1952 (removal to hospital etc.), a person in respect of whom an order has been made under this section is to be detained—
(a)in a remand centre,
(b)in a young offender institution, or
(c)in any place in which a person aged 21 or over could be imprisoned or detained for default in payment of a fine or any other sum of money,
as the Secretary of State may from time to time direct.
Textual Amendments
F1Words in s. 108(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 163 (with Sch. 27); S.I. 2020/1236, reg. 2
Marginal Citations