Powers of Criminal Courts (Sentencing) Bill [H.L.] - continued        House of Lords
PART V, CUSTODIAL SENTENCES ETC. - continued
Custody for life - continued

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Custody for life: place of detention.     95. - (1) Subject to section 22(2)(b) of the Prison Act 1952 (removal to hospital etc.), an offender sentenced to custody for life shall be detained in a young offender institution unless a direction under subsection (2) below is in force in relation to him.
 
      (2) The Secretary of State may from time to time direct that an offender sentenced to custody for life shall be detained in a prison or remand centre instead of a young offender institution.
 
 
Detention in a young offender institution
Detention in a young offender institution for other cases where offender at least 18 but under 21.     96. Subject to sections 90, 93 and 94 above, where-
 
 
    (a) a person aged at least 18 but under 21 is convicted of an offence which is punishable with imprisonment in the case of a person aged 21 or over, and
 
    (b) the court is of the opinion that either or both of paragraphs (a) and (b) of section 79(2) above apply or the case falls within section 79(3),
  the sentence that the court is to pass is a sentence of detention in a young offender institution.
 
Term of detention in a young offender institution, and consecutive sentences.     97. - (1) The maximum term of detention in a young offender institution that a court may impose for an offence is the same as the maximum term of imprisonment that it may impose for that offence.
 
      (2) Subject to subsection (3) below, a court shall not pass a sentence for an offender's detention in a young offender institution for less than 21 days.
 
      (3) A court may pass a sentence of detention in a young offender institution for less than 21 days for an offence under section 65(6) of the Criminal Justice Act 1991 (breach of requirement imposed on young offender on his release from detention).
 
      (4) Where-
 
 
    (a) an offender is convicted of more than one offence for which he is liable to a sentence of detention in a young offender institution, or
 
    (b) an offender who is serving a sentence of detention in a young offender institution is convicted of one or more further offences for which he is liable to such a sentence,
  the court shall have the same power to pass consecutive sentences of detention in a young offender institution as if they were sentences of imprisonment.
 
      (5) Subject to section 84 above (restriction on consecutive sentences for released prisoners), where an offender who-
 
 
    (a) is serving a sentence of detention in a young offender institution, and
 
    (b) is aged 21 or over,
  is convicted of one or more further offences for which he is liable to imprisonment, the court shall have the power to pass one or more sentences of imprisonment to run consecutively upon the sentence of detention in a young offender institution.
 
Detention in a young offender institution: place of detention.     98. - (1) Subject to section 22(2)(b) of the Prison Act 1952 (removal to hospital etc.), an offender sentenced to detention in a young offender institution shall be detained in such an institution unless a direction under subsection (2) below is in force in relation to him.
 
      (2) The Secretary of State may from time to time direct that an offender sentenced to detention in a young offender institution shall be detained in a prison or remand centre instead of a young offender institution.
 
 
Conversion of sentence of detention or custody to sentence of imprisonment
Conversion of sentence of detention or custody to sentence of imprisonment.     99. - (1) Subject to the following provisions of this section, where an offender has been sentenced to a term of detention in a young offender institution and either-
 
 
    (a) he has attained the age of 21, or
 
    (b) he has attained the age of 18 and has been reported to the Secretary of State by the board of visitors of the institution in which he is detained as exercising a bad influence on the other inmates of the institution or as behaving in a disruptive manner to the detriment of those inmates,
  the Secretary of State may direct that he shall be treated as if he had been sentenced to imprisonment for the same term.
 
      (2) An offender who by virtue of this section falls to be treated as if he had been sentenced to imprisonment instead of detention in a young offender institution shall not be so treated for the purposes of section 65 of the Criminal Justice Act 1991 (supervision of young offenders after release).
 
      (3) Where the Secretary of State gives a direction under subsection (1) above in relation to an offender, the portion of the term of detention in a young offender institution imposed by the sentence of detention in a young offender institution which he has already served shall be deemed to have been a portion of a term of imprisonment.
 
      (4) Rules under section 47 of the Prison Act 1952 may provide that any award for an offence against discipline made in respect of an offender serving a sentence of detention in a young offender institution shall continue to have effect after a direction under subsection (1) above has been given in relation to him.
 
      (5) This section applies to a person-
 
 
    (a) who is detained under section 90 or 91 above, or
 
    (b) who is serving a sentence of custody for life,
  as it applies to a person serving a sentence of detention in a young offender institution.
 
 
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