CUSTODIAL YOUTH SENTENCES N.B. relevant age = age at conviction LEGAL REPRESENTATION

? custodial sentence CANNOT be passed on offender under 21 not legally represented (unless refused / failed to apply / legal aid withdrawn) CUSTODIAL SENTENCES - 18 - 20 YEAR OLDS DETENTION IN YOUNG OFFENDER INSTITUTION

? court must pass if offender aged 18-20 convicted of offence punishable with imprisonment for 21+

? maximum term = same as max imprisonment for offence
? minimum term = 21 days (but can be less if to punish breach of requirement on release from detention) DISCRETIONARY LIFE SENTENCE (PCC(S)A s94)

? court shall sentence to custody for life if o person 18-20 convicted of offence for which: (a) sentence NOT fixed by law; +
(b) person 21+ would get sentence of life imprisonment
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(c) considers life sentence appropriate o life reserved for most exceptional cases o if meets requirements of CJA s225 must sentence for life o releasemay specify part of sentence which must expire before eligible for consideration for early release (s82A PCC(S)A):

(1) decide notional determinate term (determinate sentence if custody for life hadn't been imposed)

(2) specify period which must expire - normally half notional determinate term

CUSTODIAL SENTENCES - U18s AVAILABLE CUSTODIAL SENTENCES FOR U18s Custodial sentence

Which court can impose?

Detention at her majesty's pleasure (mandatory for murder - starting point 12 years)

CC

Detention for life (s91 PCC(S)A, s226 CJA 2003)

CC

Extended sentence(s226B CJA 2003)

CC

Long-term detention (s91 PCC(S)A)

CC

Detention and training order (DTO)

CC AND youth court

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