Modifications etc. (not altering text)
C1Pt. III amended by Local Authority Social Services Act 1970 (c. 42), s. 2(1), Sch. 1 and (1.4.1981) by Child Care Act 1980 (c. 5), ss. 78(1)(2)(b), 79(1)(4)(5)(b). (Child Care Act 1980 (c.5) repealed (14.10.1991) with saving by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch. 14 paras. 21, 27(4), Sch. 15; S.I. 1991/828, art. 3(2)
The Secretary of State may by order direct that—
(a)a person who is under the age of eighteen years and is undergoing detention in a Borstal institution; or
[F1(aa)a child or young person sentenced to be detained under section 250 of the Sentencing Code with respect to whom the Secretary of State is authorised to give directions under section 260 of that Code; or]
(b)a child or young person [F2sentenced to be detained under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 with respect to whom he is authorised to give directions under section 92 of that Act]; or
(c)a young person who has been ordered to be imprisoned and has been pardoned by His Majesty on condition of his agreeing to undergo training in a school,
shall be transferred or sent to and detained in an approved school specified in the order; and any such order shall be an authority [F3for his detention in that approved school or in such other approved school as the Secretary of State may from time to time determine] until such date as may be specified in the order:
Provided that the date to be so specified shall be not later than that on which he will in the opinion of the Secretary of State attain the age of nineteen years nor later—
(a)in the case of a person who was F4... sentenced to detention under the said [F5section 250 or] [F6section 91], than the date on which his detention would have expired;
(b)in the case of a young person who has been sentenced to imprisonment and pardoned as aforesaid, than three years from the date as from which his sentence began to run;
[F7(c)in the case of a person who was undergoing detention in a Borstal institution, than the end of the period for which he would have been liable to be detained therein.]
Textual Amendments
F1S. 58(aa) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 3(2) (with Sch. 27); S.I. 2020/1236, reg. 2
F2Words in s. 58(b) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 3(2)
F3Words substituted by Children and Young Persons Act 1963 (c. 37), Sch. 3 para. 13
F4Words in s. 58 proviso (a) repealed by Criminal Justice Act 1948 (c. 58), Sch. 10 Pt. I
F5Words in s. 58 proviso (a) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 3(3) (with Sch. 27); S.I. 2020/1236, reg. 2
F6Words in s. 58 proviso (a) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 3(3)
F7S. 58 proviso (c) added by Criminal Justice Act 1948 (c. 58), Sch. 9
Modifications etc. (not altering text)
C2S. 58 extended by Children and Young Persons Act 1963 (c. 37), s. 11(2)(4)