熱門推薦罰單破解實戰交通警察名師 25 年經驗,親授警察臨檢、檢舉魔人、科技執法、車禍糾紛的執法邏輯看課程介紹
購物車我的課程我的書籤免費註冊
The Criminal Justice (Children) (Northern Ireland) Order 1998

The Criminal Justice (Children) (Northern Ireland) Order 1998 s 45

s 45 Punishment of certain grave crimes

(1) A person convicted of an offence who appears to the court to have been a child at the time the offence was committed shall not be sentenced to imprisonment for life nor shall a sentence of death be passed on him but the court shall instead (notwithstanding any other statutory provisions) sentence him to be detained during the pleasure of the Minister of Justice in such place and under such conditions as the Minister of Justice may direct. (2) Where— (a) a child is convicted on indictment of any offence punishable in the case of an adult with imprisonment for fourteen years or more, not being an offence the sentence for which is fixed by law; and (b) the court is of the opinion that none of the other methods in which the case may be dealt with is suitable, the court may sentence the child to be detained for such period as may be specified in the sentence; and where such a sentence has been passed the child shall, during that period, subject to Articles 46 to 46B , be liable to be detained in such place and under such conditions as the Minister of Justice may direct. (2A) Where a court passes a sentence under paragraph (2), the court shall specify such part of the sentence as the court considers appropriate as the relevant part of the sentence for the purposes of Article 46 (release on licence). (3) A person detained pursuant to the directions of the Minister of Justice under this Article shall, while so detained, be deemed to be in legal custody. (4) The Minister of Justice may by order direct that a child in respect of whom the Minister of Justice is authorised to give directions under paragraph (2) shall be transferred and detained in a juvenile justice centre specified in the order. (5) An order under paragraph (4) shall be an authority for the detention in that centre or in such other centre as the Minister of Justice may determine of the child to whom it relates until such date as may be specified in the order. (6) The date to be specified under paragraph (5) shall not be later than— (a) the date on which the child will, in the opinion of the Minister of Justice , become an adult ; or (b) the date on which his detention under paragraph (2) would have expired. (7) Nothing in paragraphs (4) to (6) shall prejudice the power of the Minister of Justice to give directions under paragraph (2). (8) In this Article and Article 46 “ the Minister of Justice ” means the Minister in charge of the Department of Justice.

Read this section in the full act → · Open its part →

Read the official text ↗

Contains public sector information licensed under the Open Government Licence v3.0.