persistent young offender

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In the case of an offender under the age of 15 at the time of conviction, the court may not make a detention and training order unless it is satisfied that he is a ‘persistent offender’. The term is not defined in the legislation. The Home Office defines the term to mean ‘a young person aged 10 to 17, who has been sentenced by any criminal court in the UK on three or more occasions, for one or more recordable offence, and within three years of the last sentencing occasions is subsequently arrested or has information laid against them for a further recordable offence’. However, the courts have declined to follow that definition. In R v B (D) (A Juvenile) [2001] 1 Cr App R(S) 113, the Court of Appeal held that it is not necessary to establish a pattern of offences of the same or similar character in order to categorize a person as a persistent offender. See also custody for offenders under 21.

Subjects: Law.

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