40.The sentence of detention in a young offender institution (DYOI) was originally available for all those under the age of 21. The Crime and Disorder Act 1998 replaced the Secure Training Order and detention in a young offender institution for under 18s with the Detention and Training Order, implemented in April 2000. This leaves the sentence of DYOI available only for the 18-20 age group. However, as it is now widely accepted that 18, and not 21, is the age of majority, the government’s view is that there is no logic in having a separate sentence for those aged between 18 and 20 years old, and those aged 21 and over.
41.Abolition of the sentence of detention in a young offender institution will remove the need for separation between those aged 18-20 and those aged 21 and over. This will enable the Prison Service to manage its estate more efficiently and provide young adult offenders with access to a wider range of regime activities.
42.As a corollary of this, it should be noted that in the case of an offender aged between 18 and 20 who would have been sentenced to life imprisonment if aged 21 or over, the court must currently pass a sentence of custody for life. Since the separate custodial sentence for 18 to 20 year olds of detention in a young offender institution is being abolished, the need for a separate life sentence provision no longer exists.
Background and Summary Abolition of sentences of detention in a young offender institution and custody for life: Sections 59 and 61