Section 162 — Sentencing Act 2002: Restrictions on power of Court to order child or young person to be detained in custody

162 Restrictions on power of Court to order child or young person to be detained in custody Section 239 of the Children, Young Persons, and Their Families Act 1989 is amended by adding the following subsection: “ (3) The Court must not make an order under section 238(1B) remanding a young person to a penal institution unless— “ (a) the young person is at least 15 years of age; and “ (b) the young person is charged with or has been convicted of a purely indictable offence (within the meaning of section 18 of the Sentencing Act 2002); and “ (c) the young person is being remanded to the District Court or the High Court for trial or sentencing in respect of that offence; and “ (d) if the remand is pending trial, the Court is satisfied that the period that the young person is likely to be on remand pending trial will not be less than 2 months; and “ (e) the chief executive, or an officer of the department authorised in that behalf by the chief executive, has furnished to the Court a certificate stating that detention of the young person in the custody of the chief executive under an order under section 238(1)(d) for the likely period of remand would be likely to prejudice the ability of the department to meet demands to detain other young persons in the department's residences under similar orders; and “ (f) the Court is satisfied that remand to a penal institution is in all the circumstances appropriate. ”