Clause 38

Where a child or young person is convicted of murder, or of culpable homicide not amounting to murder, or of attempted murder, or of voluntarily causing grievous hurt, and the court is of opinion that none of the other methods by which the case may legally be dealt with is suitable, the court may sentence the offender to be detained for such period as may be specified in the sentence and where such a sentence has been passed, the child or young person shall, during that period, notwithstanding anything in the other provisions of this Act, be liable to be detained in such place and on such conditions as the Minister may direct.

A person detained in pursuance of the directions of the Minister under this section shall, while so detained, be deemed to be in legal custody.

Any person so detained may, at any time, be released by the Minister on licence. Such licence may be in such form and may contain such conditions as the Minister may direct and may at any time be revoked or varied by the Minister.

Where a licence has been revoked, the person to whom the licence related shall return to such place as the Minister may direct, and if he fails to do so he may be apprehended without warrant and taken to that place.