THIRD GROUP OF PARTSDisposals

PART 10Custodial sentences

CHAPTER 3Adults aged under 21

Detention in a young offender institution

I1262Detention in a young offender institution for offender at least 18 but under 21

1

A sentence of detention in a young offender institution is available to a court dealing with an offender for an offence where—

a

the offender is aged at least 18 but under 21 when convicted,

b

the offence is punishable by that court with imprisonment in the case of a person aged 21 or over, and

c

the court is not required to pass a sentence of—

i

detention during Her Majesty's pleasure (see section 259), or

ii

custody for life (see sections 272 and 275).

2

Where—

a

a sentence of detention in a young offender institution is available, and

b

the court is not required to impose such a sentence,

the power of the court to impose such a sentence is subject (in particular) to section 230 (threshold for imposing discretionary custodial sentence).

3

For circumstances in which a court is required to impose a sentence of detention in a young offender institution, see the provisions mentioned inF2

a

section 399(ba) (serious terrorism sentences);

b

section 399(c) (mandatory minimum sentences).

I2263Term of detention in a young offender institution

1

The maximum term of detention in a young offender institution that a court may impose for an offence is the same as the maximum term of imprisonment that it may impose for the offence in the case of a person aged 21 or over.

2

The minimum term of a sentence of detention in a young offender institution is 21 days.

3

Section 231 (length of discretionary custodial sentences: general provision), in particular, applies in determining the term of a sentence of detention in a young offender institution.

4

For further provision about the term of a sentence of detention in a young offender institution, see—

a

section 265 (special sentence for certain offenders of particular concern);

b

section 268 (extended sentence).

F1c

section 268B (serious terrorism sentence).