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Section 135 Detention of offender for one day in court-house or police station.C1

England and Wales

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

(1)

A magistrates’ court that has power to commit to prison a person convicted of an offence, or would have that power but for section 82 or 88 above, may order him to be detained within the precincts of the court-house or at any police station until such hour, not later than 8 o’clock in the evening of the day on which the order is made, as the court may direct, and, if it does so, shall not, where it has power to commit him to prison, exercise that power.

(2)

A court shall not make such an order under this section as will deprive the offender of a reasonable opportunity of returning to his abode on the day of the order.

F1(3)

This section shall have effect in relation to a person F2aged 18 or over but less than 21 as if references in it to prison were references to detention under F3section 108 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention of persons aged 18 to 20 for default).

Annotations

Textual amendments

F1

S. 135(3) added by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 77, Sch. 14 para. 58

F2

Words in s. 135(3) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 68, 101(1), Sch. 8 para. 6(3), Sch. 12 para. 22(1); S.I. 1992/333, art. 2(2), Sch. 2

F3

Words in s. 135(3) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 77

Modifications

C1

S. 135 restricted (prosp.) by Education and Skills Act 2008 (c. 25), ss. 56, 57, 58, 173