Commentary on Sections Part 12 - Sentencing Chapter 5: Dangerous offenders Section 226: Detention for life or detention for public protection for serious offences committed by those under 18
556.Section 226 applies the sentence of public protection to those aged under 18 although for juveniles it is a sentence of detention rather than imprisonment. As in the case of adults, the sentence may be passed by a court if the offender is convicted of a specified sexual or violent offence carrying a maximum sentence of ten years or more and the court considers that the offender poses a significant risk of serious harm as defined in subsection (1)(b). Subsection (2) sets out that, where the offence carries a maximum sentence of detention for life under section 91 of the Sentencing Act, the court must pass such a sentence, if the seriousness of the offence justifies it. In other cases, subsection (3) requires the court to choose between a sentence of detention for public protection or an extended sentence under section 228. It will impose a sentence of detention for public protection if it thinks that an extended sentence is not adequate to protect the public.