Appeal against detention under S.91 of Powers of Criminal Courts Act 2000 allowed
17/11/2005
Erimnaz Mushtaq provides a summary of this recently reported case regarding sentencing youths to detention under S.91 of the Powers of the Criminal Courts (Sentencing) Act 2000 where Detention and Training Orders are not available.
R v AW ( & DW) [2005] EWCA Crim 2824 (13/10/2005)
A 12 year old youth was sentenced to a term of two years' and three months' detention under S.91 of the Powers of the Criminal Courts Act 2000 for an offence of robbery.
Sir John Alliot, who gave the judgement in this case allowed the appeal against sentence and quashed the term of detention imposed and substituted it for a two year supervision order. Sir John Alliot stated that where a Detention and Training Order was not available for a youth under the age 15 by virtue of the fact that he was not a persistent offender, it was inappropriate to impose a term of detention under S.91 of the Powers of the Criminal Courts Act 2000. Even where detention can be imposed under S.91, where a Detention and Training Order cannot be imposed on a youth due to age or because they cannot be classified as a persistent young offender, generally a non-custodial sentence should be passed.
This case reaffirmed the principle that detention under S.91 should only rarely be imposed for youths under the age of 15, and should be even more rarely imposed for offenders under the age of 12.
Erimnaz Mushtaq appeared for AW, instructed by Rogerson Galvin Solicitors.
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