Section 211 Offenders under 18: detention and training ordersI1I2
United Kingdom
Where—
a person aged under 18 is convicted by the Court Martial or the Service Civilian Court of an offence which is punishable with imprisonment in the case of a person aged F121 or over, and
the court is of the opinion mentioned in section 260(2) or the case falls within section 260(3),
the sentence that the court is to pass is (subject to subsections (2) and (3)) an order that the person shall be subject, for the term specified in the order, to a period of detention and training followed by a period of supervision.
In the case of an offender aged under 15 at the time of the conviction, the court may not make an order under this section unless it is of the opinion that he is a persistent offender.
In the case of an offender aged under 12 at the time of the conviction, the court may not make an order under this section unless—
it is of the opinion mentioned in subsection (2);
it is of the opinion that only a custodial sentence would be adequate to protect the public from further offending by him; and
the offence was committed F2after paragraph (aa) of section 234(1) of the Sentencing Code comes into force (see paragraph 27(1)(b) of Schedule 22 to the Sentencing Act 2020).
Annotations
Textual amendments
- F1
Words in s. 211(1)(a) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 31(a) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2
- F2
Words in s. 211(3)(c) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 31(b) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2
- F3
Word in s. 211(4) omitted (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 virtue of Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), s. 5(2)(3), Sch. 2 para. 123(4) (with s. 5(9)); S.I. 2012/1236, reg. 2
- F4
Word in s. 211(4) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 22 para. 25(b); S.I. 2012/2906, art. 2(t)
Commencement
- I1
S. 211 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
- I2
S. 211 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4
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)