§ Vernon CoakerTo ask the Parliamentary Secretary, Lord Chancellor"s Department what powers are available to the courts to detain persistent offenders under 16 years who are(a) charged with and (b) guilty of non-violent offences; and if he will make a statement. [42244]
§ Mr. WillsThe decision whether to grant bail or not is a judicial decision taken within the statutory framework provided by the Bail Act 1976. The court may refuse to grant bail where it finds there are substantial grounds to believe that one or more of the statutory exceptions in the Act apply. Where the court finds such grounds and refuses bail, it must then decide where the youth shall be remanded. The courts" powers and the restrictions on those powers are set out in section 23 of the Children and Young Persons Act 1969
The courts" powers to order custody in respect of persistent offenders under 16 who are convicted of non-violent offences are set out in the Powers of Criminal Courts Acts (Sentencing) Act 2000. Section 100 sets out the courts" powers to impose a detention and training order of up to two years. Section 91 sets out the Crown Court"s powers to order a youth to be detained for certain serious offences for a period not exceeding the maximum term of imprisonment with which the offence is punishable in the case of an adult aged 21 or over. These powers are subject to the general restrictions in section 79 of the 2000 Act on imposing discretionary custodial sentences.