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TREATMENT OF OFFENDERS ACT (NORTHERN IRELAND) 1968 - SECT 5



5.(1) Where, after the commencement of section 1, a person of not less than
sixteen but under twenty-one years of age

(a)has been convicted (whether summarily or on indictment) of an offence for
which the court would, but for section 1, have power to sentence him to
imprisonment ...; or

(b)has been guilty of any default for which the court would, but for
section 1, have power to commit him to prison;

(i)the term for which he could have been, but for section 1, sentenced to
imprisonment or committed to prison; or

(ii)subject to subsections (2), (3) and (6), six months;

(2) If the court has reason to consider that a term of six months detention in
a young offenders centre would be insufficient subsection (1) shall have
effect as if the reference therein to a term which shall not exceed six months
were omitted.

(3) Where a person has previously served a sentence of Borstal training or a
sentence of imprisonment of three years or more, subsection (1) shall have
effect as if the reference therein to a term which shall not exceed six months
were a reference to a term which shall not exceed eighteen months, or, if the
court has reason to consider that a term of eighteen months detention would be
insufficient, as if the reference in that subsection to a term which may not
exceed six months were omitted; and for the purposes of this subsection a
person shall be deemed to complete the service of his sentence when he is
released under supervision from a Borstal institution or on licence from
prison.

(4) Where a court imposes a term of detention exceeding six months under
subsection (2) or exceeding eighteen months under subsection (3), it shall
state the reason and cause it to be entered in the record of the proceedings
along with the sentence.

Subs.(5) rep. by 1976 NI 4 art.19(3) sch.3

(6) Nothing in this section shall be construed as empowering a court to make
an order for detention for a term of three years or more.

S.6 rep. by 1976 NI 4 art.19(3) sch.3


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© 1968 Crown Copyright

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