OpenLegislation

Section 210B Offenders under 21: power to impose detention in a young offender institutionF1C1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

A sentence of detention in a young offender institution is available to the Court Martial or the Service Civilian 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 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 at Her Majesty's pleasure, or

(ii)

custody for life.

(2)

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.

(3)

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

Annotations

Textual amendments

F1

Ss. 210A, 210B inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 30 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

Modifications

C1

S. 210B modified (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 1, 5(2)(3) (with s. 5(9)); S.I. 2012/1236, reg. 2

Notes on the whole Act

Textual amendments

F1

Act expires on 15.12.2022 by virtue of s. 382 (as substituted (15.12.2021) by Armed Forces Act 2021 (c. 35), ss. 1(1), 24(2)(a)) (subject to power to continue in s. 382(2)(3) as so substituted)

Notes on Part 8

Modifications

C1

Pt. 8 applied (with modifications) (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, rule 128(2)