Youth Justice Act 2024

For the heading to section 32 of the Sentencing Act 1991 substitute—

For section 32(1), (2), (2A) and (2B) of the Sentencing Act 1991 substitute—

it has received a pre-sentence report and it believes—

that there are reasonable prospects for the rehabilitation of the young offender; or

that the young offender is particularly impressionable, immature or likely to be subjected to undesirable influences in an adult prison; and

it has had regard to the matters in subsection (2).

The matters are—

the nature of the offence; and

the age, character and past history of the young offender; and

in respect of a young offender who was 18 years of age or over at the time of the commission of the offence, the extent to which—

the young offender is suited to living in a lower-security custodial environment that supports semi-independent living; and

the young offender may pose a risk of harm to others or be disruptive to the safety of any person in a youth justice custodial centre, or the security or stability of a youth justice custodial centre; and

the Secretary is reasonably able to safely and appropriately accommodate and support the young offender in a youth justice custodial centre.".

In section 32(2C) of the Sentencing Act 1991—

after "offender" (where first occurring) insert "(other than a young offender who is a child within the meaning of the Youth Justice Act 2024)";

for "a youth justice centre order or a youth residential centre order" substitute "a youth justice custodial order".

In section 32(2D) of the Sentencing Act 1991—

in paragraph (a), after "offender" (where first occurring) insert "(other than a young offender who is a child within the meaning of the Youth Justice Act 2024)";

for "a youth justice centre order or a youth residential centre order" substitute "a youth justice custodial order".

After section 32(2D) of the Sentencing Act 1991 insert—

engaged in conduct that caused serious harm to, or posed a risk of serious harm to, the health, wellbeing or safety of any other person in a youth justice custodial centre or when otherwise in the custody of the Secretary; or

engaged in conduct or incited conduct that was seriously or repeatedly disruptive so as to adversely impact the security or stability of a youth justice custodial centre.".

In section 32(3) of the Sentencing Act 1991, for "youth justice centre or youth residential centre" substitute "youth justice custodial centre".