Detention Under Section 92 of the Powers of Criminal Courts (Sentencing) Act 2000. (Formerly Section 53 of the Children & Young Persons Act 1933): Young People Serving Longer Sentences for Serious Offences.
INTRODUCTION FROM THE DIRECTOR OF RESETTLEMENT 1. This Prison Service Order (PSO) is being issued to update the information given in Prison Service Circular Instructions (CIs) 31/1987 and 29/1989, which it replaces. Updating is necessary not only because of the considerable structural changes in Prison Service headquarters over the last decade but also to reflect the following more recent developments:
The introduction, on 25 August 2000, of Sections 90, 91 and 92 of the Powers of Criminal Courts (Sentencing) Act 2000 and the repeal, from that date, of Section 53 (and parts of Section 106) of the Children & Young Persons Act 1933. (The 2000 Act is a consolidating Act and Sections 90-92 do not change the effect of the corresponding Sections of the 1933 Act. References in the PSO to “Section 90/91 sentences” and “Section 92 detainees” should therefore be taken as applying also to Section 53 sentences/detainees until these disappear from the system.)
The publication of PSO 4950, “Regimes for Under 18 Year Olds”, which principally defines the regimes for young offenders sentenced to the new Detention & Training Order, while making it clear that the regimes will in many respects be suitable for Section 92 detainees also.
The creation of the Prison Service Under 18 Estate to deliver the new regimes.
The setting up within the Prison Service Under 18 Estate of three dedicated units for Section 92 boys at HMYOIs Castington, Hollesley Bay and Huntercombe.
The promulgation of the Youth Justice Board’s “National Standards for Youth Justice” and the extension of the Board’s role to include the commissioning and purchasing of secure accommodation for young people under 18.
Output 2. The above developments have the following main implications for policy and practice in relation to offenders sentenced under Sections 90 or 91 (or the old Section 53):
The Secretary of State continues to have statutory responsibility for their placement, but for those aged under 18 places must be booked by the headquarters Section 53/92 Unit through the Youth Justice Board.