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NCJRS Abstract

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NCJ Number: 157209 Find in a Library
Title: Section 53 of the 1933 Children and Young Persons Act
Corporate Author: National Assoc for the Care and Resettlement of Offenders (NACRO)
United Kingdom
Date Published: 1994
Page Count: 3
Sponsoring Agency: National Assoc for the Care and Resettlement of Offenders (NACRO)
London, SW9 0PU
Sale Source: National Assoc for the Care and Resettlement of Offenders (NACRO)
169 Clapham Road
United Kingdom
Type: Legislation/Policy Description
Language: English
Country: United Kingdom
Annotation: This paper examines the use of section 53 of Great Britain's Children and Young Persons Act 1933, which pertains to the criminal justice processing and management of juveniles charged with serious crimes.
Abstract: Section 53(1) of the act deals with murder and provides that when such an offense is committed by persons under the age of 18 they should be detained during Her Majesty's Pleasure. Section 53(2) provides longer terms of detention than would normally be available for juveniles who commit "any offense punishable in the case of an adult with imprisonment for 14 years or more." This means that offenses such as robbery, arson, and some forms of burglary can be included in these arrangements. Additionally, section 53(2) is available for those involved in certain motoring offenses that result in death. Section 53(2) empowers courts to pass terms of detention of up to the same maximum period as the maximum terms of imprisonment that can be given an adult for the same offense. Section 53 orders can only be made in a Crown court, and the place and conditions of detention are specified by the Home Secretary. The original scope of section 53 was considerably extended by later legislation that aimed to lengthen the list of offenses for which section 53(2) was available to the Crown court. The proposals in the Criminal Justice and Public Order Bill aim to extend the scope of section 53(2) sentences further by making them available for a wider range of offenses for those aged 10 to 13. In recent years there has been a tendency to increase the use of placements outside the prison system for those subject to section 53 orders. This has had a significant impact on local secure facilities. Local social service departments, probation services, and other agencies whose services and facilities may be impacted by the expansion of section 53 offenses must plan for the additional resources that will be required.
Main Term(s): Juvenile Corrections/Detention
Index Term(s): Corrections policies; Foreign juvenile justice systems; Sentencing/Sanctions; Serious juvenile offenders; Violent crimes
Note: A NACRO Briefing, May 1994.
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