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 inF1—

a

section 399(ba) (serious terrorism sentences);

b

section 399(c) (mandatory minimum sentences).