Paragraph 5

England and Wales

(1)

A custodial order to which this sub-paragraph applies shall be treated as a youth custody sentence for all purposes of detention, release and supervision of the offender in respect of whom it was made.

(2)

Sub-paragraph (1) above applies to a custodial order specifying a maximum period of detention which has not expired at the commencement of sections 1 to 15 above—

(a)

if the maximum period of detention which it specifies is more than 4 months; or

(b)

if—

(i)

the maximum period is 4 months or less; and

(ii)

the offender is female.

(3)

A custodial order to which this sub-paragraph applies shall be treated as a detention centre order for all purposes of detention, release and supervision of the offender.

(4)

Sub-paragraph (3) above applies to a custodial order made in respect of a male offender and specifying a maximum period of detention of 4 months or less which has not expired at the commencement of sections 1 to 15 above.

(5)

In this paragraph “custodial order” means an order—

(a)

under section 71AA of the M1Army Act 1955, section 71AA of the M2Air Force Act 1955 or section 43AA of the M3Naval Discipline Act 1957; or

(b)

under paragraph 10 of Schedule 5A to the Army Act 1955, Schedule 5A to the Air Force Act 1955 or Schedule 4A to the Naval Discipline Act 1957.

Annotations

Marginal citations

M1: 1955 c. 18.
M2: 1955 c. 19.
M3: 1957 c. 53.