1964_TRAINING_CENTRES_ORDINANCE — Page 4

1988 Ed.]

Training Centres

[CAP. 280

3

court not less than 14 but under 21 years of age, and the court is satisfied that it is in the interest of the community and that having regard to his character and previous conduct, and to the circumstances of the offence, it is expedient for his reformation and for the prevention of crime that he should undergo a period of training in a training centre, the court may, in lieu of any other sentence, pass a sentence of detention in a training centre. (Amended, 52 of 1954, s. 2)

(2) A person sentenced to detention shall be detained in a training centre for such period, not extending beyond 3 years from the date of his sentence, as the Commissioner may determine, and shall then be released:

Provided that the Commissioner shall not release any such person before the expiration of 6 months from the date of his sentence, unless required to do so by direction of the Governor. (Amended, 4 of 1974, s. 2)

(3) Before a sentence of detention is passed, the court shall consider any report or representations made by or on behalf of the Commissioner on the offender's physical and mental condition and his suitability for such sentence; and if the court is the District Court or a magistrate and has not received such a report or representations, it shall after conviction remand the offender into the custody of the Commissioner for such a period or periods, not exceeding 3 weeks in the case of any single period, as the court thinks necessary to enable the report or representations to be made.

[cf. U.K. 1948 c. 58, s. 20(1) & (7) and 2nd Sch.]

Remand or committal to custody in a training centre

4A. (1) A court on remanding or committing for trial a person who in the opinion of the court has attained the age of 14 years and has not attained the age of 21 years and who is not released on bail shall, instead of committing him to prison, commit him to custody in a training centre, there to be detained for the period for which he is remanded or until he is thence delivered in due course of law:

Provided that it shall not be obligatory on the court so to commit him if the court certifies that he is of so unruly a character that he cannot be safely so committed or that he is otherwise unsuitable for committal to custody in a training centre. (Amended, 4 of 1974, s. 3)

(2) A commitment under this section may be varied or, in the case of a person who proves to be of so unruly a character that he cannot be safely detained in such custody, or to be otherwise unsuitable for committal to custody in a training centre, revoked by any court, and if it is so revoked the person may be committed to prison. (Amended, 4 of 1974, s. 3)

(3) Nothing in subsection (1) shall affect the power of a juvenile court to remand a child or young person to custody in a place of detention as provided by section 7(1) of the Juvenile Offenders Ordinance (Cap.226).

(Added, 26 of 1968, s. 3) [cf. U.K. 1908 c. 67, s. 97]

Supervision

5. (1) A person after his release from a training centre and until the expiration of 3 years from the date of his release may be subjected to supervision