Justice Bill
Clause 10: Powers to sentence child to detention: amendment
Clause 10 amends existing provision relating to specific custodial sentences to ensure children servicing such sentences are always held in a juvenile just centre, and restating the current law as to where individuals over the age of 18 can be held.
Clause 10
Powers to sentence child to detention: amendment
10.—(1) Article 45 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (punishment of certain grave crimes) is amended in accordance with subsections (2) to (4).
(2) In paragraph (1) omit the words from “in such place” to the end.
(3) In paragraph (2) omit the words from “; and where such a sentence” to the end.
(4) For paragraphs (3) to (7) substitute—
“(3) An adult who is liable to be detained under this Article must be detained in such place and under such conditions as the Department of Justice may direct.
For provision relating to the detention of children, see Article 46BA.
(4) A person detained under this Article is, while so detained, in legal custody.”.
(5) Article 13 of the Criminal Justice (Northern Ireland) Order 2008 (life sentence or indeterminate custodial sentence for serious offences) is amended in accordance with subsections (6) and (7).
(6) In paragraph (4)(b) omit the words from “at such place” to the end.
(7) For paragraph (5) substitute—
“(4A) A person aged 18 or over who is liable to be detained in accordance with paragraph (4)(b) must be detained in such place and under such conditions as the Department of Justice may direct.
For provision relating to the detention of children, see Article 46BA of the Criminal Justice (Children) (Northern Ireland) Order 1998.
(5) A person detained in accordance with paragraph (4)(b) is, while so detained, in legal custody.”.
(8) Article 14 of the Criminal Justice (Northern Ireland) Order 2008 (extended custodial sentence for certain violent or sexual offences) is amended in accordance with subsections (9) and (10).
(9) In paragraph (5) omit the words from “at such place” to “may direct”.
(10) For paragraph (7) substitute—
“(6A) A person aged 18 or over who is liable to be detained in accordance with paragraph (5) must be detained in such place and under such conditions as the Department of Justice may direct.
For provision relating to the detention of children, see Article 46BA of the Criminal Justice (Children) (Northern Ireland) Order 1998.
(7) A person detained in accordance with paragraph (5) is, while so detained, in legal custody.”.