(1) Notwithstanding anything in any other enactment, no person under the age of 16 years shall be remanded to a prison pending the hearing or trial of any charge or pending sentence.
(2) Notwithstanding anything in any other enactment, no person who has attained the age of 16 years but has not attained the age of 17 years shall be remanded to a prison pending the hearing or trial of any charge or pending sentence, except where the person is charged with or has been convicted of a purely indictable offence (within the meaning of section 8 of this Act).
(2A) In subsections (1) and (2), a reference to a prison does not include a police jail.
(4) Where a court remands or commits for trial or sentence any person who appears to the court to be of or over the age of 17 years but under the age of 20 years, section 15 of the Bail Act 2000 applies.
(4A) Despite section 15 of the Bail Act 2000, the court may in any case direct that the person be detained in a prison if in its opinion no other course is desirable, having regard to all the circumstances.
(4B) Despite section 15 of the Bail Act 2000, the court may remand the person in the custody of the Director-General of Social Welfare if in its opinion it is desirable to do so by reason of special circumstances, and if it is satisfied that the Director-General of Social Welfare is able and willing to keep the person in custody in accordance with this section.
(5A) The court may remand a defendant who is under 17 years in the custody of the chief executive of the department for the time being responsible for the administration of the Children, Young Persons, and Their Families Act 1989 for the purposes of an assessment report under section 38 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 if—
(a) the court is satisfied that the chief executive is able and willing to keep the defendant in custody for the purpose of the assessment report for any period, not exceeding 14 days, that the court thinks fit; and
(5C) Where the court remands any person in the custody of the chief executive of the department for the time being responsible for the administration of the Children, Young Persons, and Their Families Act 1989 under subsection (5A) of this section, subsection (5) of this section shall apply as if the person were remanded pursuant to subsection (4B).
(6) Nothing in subsections (1) and (2) of this section shall apply in respect of any person who is subject to a sentence or term of imprisonment.
Compare: 1954 No 50 s 47
Section 142 was amended, as from 1 June 2005, by section 206 Corrections Act 2004 (2004 No 50) by substituting the word “prison”
for the words “penal institution”
in each place they appear. See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).
Subsection (2A) was inserted, as from 30 June 2002, by section 177(1) Sentencing Act 2002 (2002 No 9). See sections 148 to 160 of that Act for the transitional and savings provisions. See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176).
Subsection (3) was amended, as from 1 November 1989, by section 449 Children, Young Persons, and Their Families Act 1989 (1989 No 24) by substituting the words “Children, Young Persons, and Their Families Act 1989”
for the words “Children and Young Persons Act 1974”
.
Subsection (3) was amended, as from 1 January 2001, by section 74(2) Bail Act 2000 (2000 No 38) by substituting the expression “(4), (4A), (4B), and (5)”
for the expression “(4) and (5)”
. See section 75 of that Act as to the savings provisions.
Subsection (4) proviso paragraph (b) was substituted, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82).
Subsection (4) was substituted, as from 1 January 2001, by section 74(2) Bail Act 2000 (2000 No 38). See section 75 of that Act as to the savings provisions.
Subsections (4A) and (4B) were inserted, as from 1 January 2001, by section 74(2) Bail Act 2000 (2000 No 38). See section 75 of that Act as to the savings provisions.
Subsection (5) was amended, as from 1 November 1989, by section 449 Children, Young Persons, and Their Families Act 1989 (1989 No 24) by substituting the words “residence under the Children, Young Persons, and Their Families Act 1989”
for the words “institution under the Children and Young Persons Act 1974”
.
Subsection (5) was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting the words “chief executive of the department for the time being responsible for the administration of the Children, Young Persons, and Their Families Act 1989”
for the words “Director-General of Social Welfare”
.
Subsections (5A) to (5C) were inserted, as from 16 October 1989, by section 6(2) Criminal Justice Amendment Act (No 2) 1989 (1989 No 91).
Subsections (5A) to (5C) were amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting the words “chief executive of the department for the time being responsible for the administration of the Children, Young Persons, and Their Families Act 1989”
for the words “Director-General of Social Welfare”
.
Subsection (5A) was substituted, as from 1 September 2004, by section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115). See clause 2 Criminal Procedure (Mentally Impaired Persons) Act Commencement Order 2004 (SR 2004/147).
Subsection (5B) was amended, as from 1 September 2004, by section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115) by substituting the words “If, in any case to which section 38(1) of the Criminal Procedure (Mentally Impaired Persons) Act 2003 applies, the defendant is under the age of 17 years, the provisions of section 38(2)(c) to (4) and sections 40 to 44 of that Act must be read as if”
for the words “Where, in any case to which subsection (1) of section 121 of this Act applies, the defendant is under the age of 17 years, the provisions of subsections (2)(b)(ii) and (2A) to (13) of that section shall be read as if”
. See clause 2 Criminal Procedure (Mentally Impaired Persons) Act Commencement Order 2004 (SR 2004/147).
Subsection (5B)(b) was amended, as from 1 June 2005, by section 206 Corrections Act 2004 (2004 No 50) by substituting the word “manager”
for the word “Superintendent”
. See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).
Subsection (5C) was amended, as from 1 January 2001, by section 74(2) Bail Act 2000 (2000 No 38) by substituting the expression “subsection (4B)”
for the expression “paragraph (b) of the proviso to subsection (4) of this section”
. See section 75 of that Act as to the savings provisions.
Subsection (6) was amended, as from 30 June 2002, by section 177(2) Sentencing Act 2002 (2002 No 9), by omitting the words “or to a sentence of corrective training”
. See sections 148 to 160 of that Act for the transitional and savings provisions. See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176).