(1) Subject to subsections (2A) and (2B), if a sentence S. 32(1) involving confinement is justified in respect of a amended by Nos 48/1997 young offender a court may make a youth justice ss 16(2), 17(3), centre order or a youth residential centre order if it 48/2006 s. 42(Sch. has received a pre-sentence report and— item 32.6). (a) it believes that there are reasonable prospects for the rehabilitation of the young offender; or (b) it believes that the young offender is particularly impressionable, immature or likely to be subjected to undesirable influences in an adult prison. S. 32(2) (2) In determining whether to make a youth justice amended by centre order or a youth residential order, a court Nos 48/1997 must have regard to— s. 17(3), 48/2006 s. 42(Sch. (a) the nature of the offence; and item 32.6). (b) the age, character and past history of the S. 32(2)(b) amended by young offender. No. 48/1997 s. 16(1). (2A) A court must not make a youth justice centre order S. 32(2A) inserted by in respect of a young offender who at the time of No. 48/1997 being sentenced is under the age of 15 years. s. 16(3), amended by No. 48/2006 s. 42(Sch. item 32.6). S. 32(2B) (2B) A court must not make a youth residential centre inserted by order in respect of a young offender who at the No. 48/1997 s. 17(4). time of being sentenced is aged 15 or more. (3) The maximum period for which a court may direct S. 32(3) amended by that a young offender be detained in a youth Nos 48/1997 ss 16(4), 17(5), justice centre or youth residential centre is— 48/2006 s. 42(Sch. item 32.7).
S. 32(1) amended by Nos 48/1997 ss 16(2), 17(3), 48/2006 s. 42(Sch. item 32.6). (1) Subject to subsections (2A) and (2B), if a sentence involving confinement is justified in respect of a young offender a court may make a youth justice centre order or a youth residential centre order if it has received a pre-sentence report and— (a) it believes that there are reasonable prospects for the rehabilitation of the young offender; or (b) it believes that the young offender is particularly impressionable, immature or likely to be subjected to undesirable influences in an adult prison. S. 32(2) amended by Nos 48/1997 s. 17(3), 48/2006 s. 42(Sch. item 32.6). (2) In determining whether to make a youth justice centre order or a youth residential order, a court must have regard to— (a) the nature of the offence; and S. 32(2)(b) amended by No. 48/1997 s. 16(1). (b) the age, character and past history of the young offender. S. 32(2A) inserted by No. 48/1997 s. 16(3), amended by No. 48/2006 s. 42(Sch. item 32.6). (2A) A court must not make a youth justice centre order in respect of a young offender who at the time of being sentenced is under the age of 15 years. S. 32(2B) inserted by No. 48/1997 s. 17(4). (2B) A court must not make a youth residential centre order in respect of a young offender who at the time of being sentenced is aged 15 or more. S. 32(3) amended by Nos 48/1997 ss 16(4), 17(5), 48/2006 s. 42(Sch. item 32.7). (3) The maximum period for which a court may direct that a young offender be detained in a youth justice centre or youth residential centre is—
91-49a179A.docx