Detail of Provisions Automatic early release Section 2 – extension of automatic early release for certain detained children
27.Section 2 of the Act makes similar provision in relation to children detained in secure accommodation following proceedings by a criminal court as is made in relation to prisoners by section 1.
28.Under section 208 of the 1995 Act, children (i.e. those under 18) who are convicted on indictment can be sentenced to detention if the court is of the opinion that no other method of dealing with them is appropriate. Subsection (2) of section 2 of the Act provides that where a child is so detained for less than 4 years, they are to be released automatically on licence after 40% of their sentence has elapsed, rather than after 50% of their sentence has elapsed. However, as with prisoners, this is subject to an exception for those sentenced for sexual offences or domestic abuse offences. In those cases, the release point remains at 50%.
29.Under section 44 of the 1995 Act, children who are convicted in summary proceedings can be sentenced to detention for up to a year. Subsection (4) of section 2 of the Act provides that where a child is so detained, they must be released no later than when 40% of their sentence has elapsed, rather than when 50% of their sentence has elapsed. Again, as with prisoners, this is subject to an exception for those detained in respect of sexual offences or domestic abuse offences. In those cases, it remains the case that they must be released no later than when 50% of the period for which they are detained has elapsed.