Commentary Other Provisions Section 64: Juvenile justice centre orders for 17 year olds
132.Currently a court cannot make a juvenile justice centre order in respect of a child who has attained the age of 17 (Article 39(1) of the 1998 Order). As a result of the amendments made in Schedule 11 (in particular that at paragraph 17), a court will be able to make such an order in respect of a 17 year old offender. The effect of the amendment made by this section is to limit the ability of a court to make such an order to cases of 17 year olds who may be particularly vulnerable, as recommended by the Review (paragraph 10.72). A 17 year old in respect of whom a court wishes to impose a custodial sentence and for whom a juvenile justice centre order cannot be made by virtue of this amendment will be sentenced to a period of detention in a young offenders centre.