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).