Cap 567 s 4 Detention order (REHABILITATION CENTRES ORDINANCE)

Contents of Section

Chapter:	567	Title:	REHABILITATION CENTRES ORDINANCE	Gazette Number:	L.N. 74 of 2002
Section:	4	Heading:	Detention order	Version Date:	11/07/2002

(1) Subject to subsection (2), where a person who is apparently a young offender is found guilty of a relevant offence, the court may, in lieu of any other sentence, make a detention order against him if the court is satisfied that having regard to the character and conduct of the person and the circumstances of the case, it would be in the interest of the community and the person himself that he should undergo a period of detention.
(2) A detention order shall only be made against a person who-

(a) is, in the opinion of the court, not less than 14 but under 21 years of age on the day of his conviction;

(b) is not serving and has not previously served a sentence of imprisonment;

(i) a detention centre;

(ii) a training centre; or

(iii) an addiction treatment centre;

(d) is physically, mentally and medically fit to be detained in a rehabilitation centre;

(e) is apparently an offender for whom a short-term custodial sentence is appropriate; and

(f) is certified medically to be not drug dependent at the time of his conviction.

(3) A court may, after conviction of a young offender, remand him in the custody of the Commissioner for such period, not exceeding 3 weeks, as the court thinks necessary to enable the Commissioner to ascertain the suitability of the offender for detention and the availability of a place for the offender in a rehabilitation centre.
(4) A young offender against whom a detention order is in force shall be detained in a rehabilitation centre for such period, being a period in aggregate of not less than 3 months and not exceeding 9 months, as the Commissioner may determine.
(5) The period referred to in subsection (4) shall comprise the following-

(a) the initial detention period of not less than 2 months and not exceeding 5 months at a rehabilitation centre referred to in section 3(a); and

(b) the subsequent period of residence at a rehabilitation centre referred to in section 3(b) for a duration of not less than 1 month and not exceeding 4 months.

(6) In determining the whole period of detention, the Commissioner shall take into consideration-

(a) in relation to the initial detention period, the conduct and progress of the young offender;

(b) in relation to the subsequent period of residence, the needs and progress of the young offender.

(7) The references to "young offender" in subsections (4) and (6) do not affect the power of the Commissioner to detain an offender in a rehabilitation centre notwithstanding that the offender has reached the age of 21 years or more whilst a detention order is in force against him.