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Section 68.
1 (1) Section 31 of the 1933 Act shall be renumbered as subsection (1) of that section and after that provision as so renumbered there shall be inserted the following subsection—
“(2) In this section and section 34 of this Act, “young person” means a person who has attained the age of fourteen and is under the age of seventeen years.”
(2) In sections 46(1) and (1A), 48(2) and 99(1) of that Act, for the words “the age of seventeen” there shall be substituted the words “the age of eighteen”.
(3) In section 107(1) of that Act, for the definition of “young person” there shall be substituted the following definition—
““young person” means a person who has attained the age of fourteen and is under the age of eighteen years.”
2 In section 43(3) of the 1952 Act (remand centres, young offender institutions etc.), for the words “aged 17 years” there shall be substituted the words “aged 18 years”.
3 In section 29(1) of the Children and Young Persons Act 1963, for the words “the age of seventeen” there shall be substituted the words “the age of eighteen”.
4 (1) Section 29 of the 1969 Act shall be renumbered as subsection (1) of that section and after that provision as so renumbered there shall be inserted the following subsection—
“(2) In this section “young person” means a person who has attained the age of fourteen and is under the age of seventeen years.”
(2) In section 70(1) of that Act, for the definition of “young person” there shall be substituted the following definition—
““young person” means a person who has attained the age of fourteen and is under the age of eighteen years;”.
5 In section 5(2) of the Rehabilitation of Offenders Act 1974 (which provides for rehabilitation periods to be reduced by half for young offenders)—
(a) in paragraph (a), for the words “seventeen years of age” there shall be substituted the words “eighteen years of age”; and
(b) in the heading to Table A, for the words “under 17” there shall be substituted the words “under 18”.
6 (1) Part I of the 1980 Act (criminal jurisdiction and procedure) shall be amended as follows—
(a) for the words “the age of 17”, in each place where they occur, there shall be substituted the words “the age of 18 years”;
(b) in section 22(9), for the words “under 17” there shall be substituted the words “under 18”;
(c) in section 36(1), for the words “17 years of age” there shall be substituted the words “18 years of age”; and
(d) in section 38 for the words “17 years old” there shall be substituted the words “18 years old”.
(2) In section 81(1), (3) and (8) of that Act, for the words “the age of 17” there shall be substituted the words “the age of 18”.
(3) In sections 96A, 135(3) and 136(4) of that Act, for the words “aged 17” there shall be substituted the words “aged 18”.
Section 71.
1 In section 71A of the Army Act 1955 and the Air Force Act 1955 (life custody for young offenders), in subsections (1B) and (4)(a), for the words “17 years” there shall be substituted the words “18 years”.
2 In section 71AA of those Acts (young service offenders: custodial orders)—
(a) in subsection (1), for the words “not exceeding” there shall be substituted the words “which—
(a) shall be not less than the appropriate minimum period, that is to say—
(i) in the case of an offender who has attained eighteen years of age, the period of 21 days; or
(ii) in the case of an offender who is under that age, the period of two months; and
(b) shall not exceed”;
(b) subsection (1A) and, in subsection (1), the words “subject to subsection (1A) below” shall cease to have effect;
(c) before subsection (1B) there shall be inserted the following subsection—
“(1AA) The court shall not make a custodial order committing an offender aged 17 to be detained for a period exceeding twelve months or for a period such that the continuous period for which he is committed to be detained under that order and any one or more other custodial orders exceeds twelve months.”; and
(d) in subsection (6A), for the words “Section 15 of the Criminal Justice Act 1982” there shall be substituted the words “Section 65 of the Criminal Justice Act 1991”.
3 For subsection (2) of section 93 of those Acts (evidence on oath in court-martial) there shall be substituted the following subsections—
“(1B) A witness before a court-martial—
(a) shall be examined on oath if he has attained the age of fourteen; and
(b) shall give evidence unsworn if he is under that age.
(2) Unsworn evidence admitted by virtue of subsection (1B)(b) above may corroborate evidence (sworn or unsworn) given by any other person.”
4 In paragraph 10 of Schedule 5A to those Acts (civilian offenders: custodial orders)—
(a) in sub-paragraph (1), for the words from “detained” to “and in this sub-paragraph” there shall be substituted the words “detained for a period, to be specified in the order, which—
(a) shall not be less than the appropriate minimum period, that is to say—
(i) in the case of an offender who has attained the age of 18, the period of 21 days; or
(ii) in the case of an offender who is under 18 years of age, the period of two months;
(b) shall not exceed the maximum period for which he could have been sentenced to imprisonment if he had attained the age of 21; and
(c) if the order is made by a Standing Civilian Court, shall not exceed six months.
and in this sub-paragraph”.
(b) in sub-paragraph (1A), for the words “17 years” there shall be substituted the words “18 years”; and
(c) in sub-paragraph (6A), for the words “Section 15 of the Criminal Justice Act 1982” there shall be substituted the words “Section 65 of the Criminal Justice Act 1991”.
5 In section 43A of the Naval Discipline Act 1957 (life custody for young offenders), in subsections (1B) and (4)(a), for the words “17 years” there shall be substituted the words “18 years”.
6 In section 43AA of that Act (young service offenders: custodial orders)—
(a) in subsection (1), for the words “not exceeding” there shall be substituted the words “which—
(a) shall be not less than the appropriate minimum period, that is to say—
(i) in the case of an offender who has attained eighteen years of age, the period of 21 days; or
(ii) in the case of an offender who is under that age, the period of two months; and
(b) shall not exceed”;
(b) subsection (1A) and, in subsection (1), the words “subject to subsection (1A) below”, shall cease to have effect; and
(c) before subsection (1B) there shall be inserted the following subsection—
“(1AA) The court shall not make a custodial order committing an offender aged 17 to be detained for a period exceeding twelve months or for a period such that the continuous period for which he is committed to be detained under that order and any one or more other custodial orders exceeds twelve months.”; and
(d) in subsection (6A), for the words “Section 15 of the Criminal Justice Act 1982” there shall be substituted the words “Section 65 of the Criminal Justice Act 1991”.
7 For subsections (2) and (3) of section 60 of that Act (evidence on oath in court-martial) there shall be substituted the following subsections—
“(2) A witness before a court-martial—
(a) shall be examined on oath if he has attained the age of fourteen; and
(b) shall give evidence unsworn if he is under that age.
(3) Unsworn evidence admitted by virtue of subsection (2)(b) above may corroborate evidence (sworn or unsworn) given by any other person.”
8 In paragraph 10 of Schedule 4A to that Act (civilian offenders: custodial orders)—
(a) in sub-paragraph (1), for the words from “detained” to “and in this sub-paragraph” there shall be substituted the words “detained for a period, to be specified in the order, which—
(a) shall be not less than the appropriate minimum period, that is to say—
(i) in the case of an offender who has attained the age of 18, the period of 21 days; or
(ii) in the case of an offender who is under 18 years of age, the period of two months; and
(b) shall not exceed the maximum period for which he could have been sentenced to imprisonment if he had attained the age of 21;
and in this sub-paragraph”;
(b) in sub-paragraph (1A), for the words “17 years” there shall be substituted the words “18 years”; and
(c) in sub-paragraph (6A), for the words “Section 15 of the Criminal Justice Act 1982” there shall be substituted the words “Section 65 of the Criminal Justice Act 1991”.
Criminal Justice Act 1991