58Purposes etc of sentencing: offenders under 18

1

This section applies where a court is dealing with an offender aged under 18 for an offence.

2

The court must have regard to—

a

the principal aim of the youth justice system (which is to prevent offending (or re-offending) by persons aged under 18: see section 37(1) of the Crime and Disorder Act 1998);

b

in accordance with section 44 of the Children and Young Persons Act 1933, the welfare of the offender, and

c

the purposes of sentencing mentioned in subsection (3) (so far as it is not required to do so by paragraph (a)).

3

Those purposes of sentencing are—

a

the punishment of offenders,

b

the reform and rehabilitation of offenders,

c

the protection of the public, and

d

the making of reparation by offenders to persons affected by their offences.

4

This section does not apply—

a

to an offence in relation to which a mandatory sentence requirement applies;

b

in relation to making any of the following orders under Part 3 of the Mental Health Act 1983—

i

a hospital order (with or without a restriction order);

ii

an interim hospital order;

iii

a hospital direction;

iv

a limitation direction.