s 96 Custody of children over the age of 17
(1) The Criminal Justice (Children) (Northern Ireland) Order 1998 (NI 9) is amended as follows. (2) In Article 13(1)(b) for “paragraph (1B)” substitute “ paragraphs (1B) and (1BB) ” . (3) In Article 13 after paragraph (1B) insert— (1BB) In the case of a child who has attained the age of 17, the court shall make an order committing the child to a juvenile justice centre (and not to a young offenders centre) if the court has been notified by the Secretary of State that no suitable accommodation for that child is available in a young offenders centre. (4) In Article 39 for paragraph (3A) substitute— (3A) A court shall only make a juvenile justice centre order in the case of a child who has attained the age of 17 if either paragraph (3B) or (3C) applies in relation to the child. (3B) This paragraph applies in relation to a child if— (a) the child will not become an adult during the period of the order; (b) the child has not had a custodial sentence imposed on him within the last two years; and (c) the court, after considering a report made by a probation officer, considers that it is in the child's best interests to make such an order. (3C) This paragraph applies in relation to a child if the court has been notified by the Secretary of State that no suitable accommodation for that child is available in a young offenders centre.