§ Dr. StoateTo ask the Secretary of State for the Home Department in what circumstances magistrates can impose a detention and training order on an offender aged 12 to 14 years who has been convicted of breaching an anti-social behaviour order. [150993]
§ Paul Goggins [pursuant to his reply, 9 February 2004, Official Report, c. 1256 W]It has come to my attention that the answer to the above question was not printed in full. I apologise for this and provide the full answer as follows.
A court sentencing an offender aged 12–14 for breach of an anti-social behaviour order can make a Detention and Training Order in the same circumstances as for other criminal offences attracting custody: That is, where:
it decides that the effect of the breach either in itself or in combination with associated offences is so serious that only a custodial sentence can be justified; or738Wthe anti-social behaviour involves a violent or sexual offence and only a custodial sentence would be adequate to protect the public from serious harm from the offender; orthe offender refuses to agree to a requirement in a proposed non-custodial order: a supervision order, a drug treatment and testing order or an order to provide a sample for drug-testing.In addition, the court must have reached the view that the young person is a persistent offender.