In forceAmended2020 Revised Edition

Contents

Children and Young Persons Act 1993 · 2020 Revised Edition · Part 3 · Youth Court

42. Restrictions on punishment of children and young persons

Amended

Last amended by an amending law of 2025. 3 amendments in all.

(1)

A child must not be sentenced or ordered to be imprisoned for any offence or be committed to prison in default of payment of a fine or costs.

(2)

A young person of 14 years of age or older but below 16 years of age must not be ordered to be imprisoned for any offence, or be committed to prison in default of a fine, damages or costs, unless the court certifies that he or she is of so unruly a character that he or she cannot be detained in a place of detention or juvenile rehabilitation centre.

(2A)

A young person of 16 years of age or older but below 18 years of age must not be ordered to be imprisoned for any offence, or be committed to prison in default of a fine, damages or costs, unless —

(a)

the person is certified by the court to be of so unruly a character that the person cannot be detained in a place of detention or juvenile rehabilitation centre;

(b)

the person is convicted of the offence (being an offence triable only by the General Division of the High Court) by the General Division of the High Court;

(c)

the person —

(i)

is convicted of the offence (not being an offence triable only by the General Division of the High Court) by the General Division of the High Court;

(ii)

was charged and tried together with another offence that is triable only in the General Division of the High Court; and

(iii)

is convicted of that other offence;

(d)

the person is convicted of the offence by a court other than the Youth Court, and the offence is a relevant offence mentioned in section 39(2A); or

(e)

the person —

(i)

is convicted of the offence by a court other than the Youth Court;

(ii)

was charged and tried for the offence together with a relevant offence mentioned in section 39(2A); and

(iii)

is convicted of that relevant offence.

(3)

Despite the provisions of any other written law, no child or young person of 14 years of age or older but below 16 years of age may be sentenced by any court other than the General Division of the High Court to corporal punishment.

(4)

Despite the provisions of any other written law, no young person of 16 years of age or older but below 18 years of age may be sentenced to corporal punishment for any offence by any court, unless —

(a)

the person is convicted of the offence by the General Division of the High Court;

(b)

the person is convicted of the offence by a court other than the Youth Court, and the offence is a relevant offence mentioned in section 39(2A); or

(c)

the person —

(i)

is convicted of the offence by a court other than the Youth Court;

(ii)

was charged and tried for the offence together with a relevant offence mentioned in section 39(2A); and

(iii)

is convicted of that relevant offence.[37