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Custodial Youth Sentences Notes

BPTC Law Notes > BPTC Criminal Litigation Notes

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A more recent version of these Custodial Youth Sentences notes – written by City Law School students – is available here.

The following is a more accessble plain text extract of the PDF sample above, taken from our BPTC Criminal Litigation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

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sentence CANNOT be passed on offender under 21 not legally represented (unless refused / failed to apply / legal aid withdrawn) CUSTODIAL SENTENCES - 18 - 20 YEAR OLDS DETENTION IN YOUNG OFFENDER INSTITUTION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

(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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