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Chapter: | 239
 | Title: | DETENTION CENTRES ORDINANCE | Gazette Number: | |
| Section: | 4 | Heading: | Detention order | Version Date: | 30/06/1997 |
(1) Where a person who is apparently a young offender is found guilty of a relevant offence the court may, if it is of the opinion that in the circumstances of the case and having regard to his character and previous conduct it is in his interest and the public interest that he should undergo a period of detention in a detention centre, in lieu of imposing any other sentence, make a detention order against him.
(1A) In making a detention order against a person the court shall state in such order whether such person is apparently under 21 years of age or apparently of or over 21 years of age. (Added 84 of 1976 s. 4)
(2) A person against whom a detention order is in force shall be detained in a detention centre for such period from the date of the order as the Commissioner, having regard to the health and conduct of such person, may determine, being a period which-
(a) in the case of a person stated in the detention order to be apparently of or over 21 years of age, is not less than 3 months and not more than 12 months;
(b) in the case of a person stated in the detention order to be apparently under that age, is not less than 1 month and not more than 6 months,
and shall then be released. (Replaced 84 of 1976 s. 4)
(3) A detention order shall not be made against a person who has previously served a sentence of imprisonment or of detention in a training centre. (Amended 84 of 1976 s. 4)
(4) A court shall not make a detention order against a young offender unless the Commissioner has not earlier than 1 month before the date of the order informed the court that in his opinion the young offender is suitable for detention and that a place is available for him in a detention centre. (Amended 84 of 1976 s. 4)
(5) 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 form an opinion as to whether or not the young offender is suitable for detention.