(a)of or above the age of 16 years but below the age of 21 years; or
Section history
Section 305 — Reformative training
As in force on 1 January 2020.
Timeline 9 versions
- 2 January 2011 Enacted
- 20 July 2011 Act 3 of 2011
- 1 July 2014 Act 1 of 2014
- 1 October 2014 Act 27 of 2014
- 31 October 2018 Act 19 of 2018, S 724 of 2018
- 1 January 2020 You are here
- 31 December 2021 Revised edition
- 30 December 2025 Act 32 of 2024, Act 21 of 2025, S 818 of 2025
- 31 July 2026 Act 5 of 2024
- 17 August 2026 Latest
(1)Where a person is convicted by a court of an offence punishable with imprisonment and that person is, on the day of his conviction —
(b)of or above the age of 14 years but below the age of 16 years and has, before that conviction, been dealt with by a court in connection with another offence and had, for that offence, been ordered to be sent to a juvenile rehabilitation centre established under section 64 of the Children and Young Persons Act (Cap. 38),
the court may impose a sentence of reformative training in lieu of any other sentence if it is satisfied, having regard to his character, previous conduct and the circumstances of the offence, that to reform him and to prevent crime he should undergo a period of training in a reformative training centre.
(2)Where a young person has been ordered by a Youth Court under the Children and Young Persons Act to be brought before a District Court, then the court must inquire into the circumstances of the case and may —
(a)if satisfied that to reform him he should undergo a period of training in a reformative training centre, sentence him to reformative training instead of any other sentence; or
(b)in any case, deal with him in the manner that the Youth Court might have dealt with him.
(3)Before imposing any sentence of reformative training, the court must call for and consider any report submitted by the Commissioner of Prisons, or any person authorised by the Commissioner of Prisons to submit the report on his behalf, on the offender’s physical and mental condition, the offender’s suitability for the sentence, and the nature of the rehabilitation that is recommended for the offender; and if the court has not received such a report, it must remand the offender in custody for a period or periods, not exceeding one month in the case of any single period, to enable the report to be submitted.
(4)The court must give a copy of any report submitted by the Commissioner of Prisons to the offender or his advocate and to the Public Prosecutor.
(5)A person sentenced to reformative training must be detained in accordance with the regulations made under section 428.
(6)A sentence of reformative training must specify, as the minimum period of detention, such of the following periods as the court may determine to be the most appropriate for the rehabilitation of the offender:
(a)6 months beginning on the date the sentence takes effect;
(b)12 months beginning on the date the sentence takes effect.
(7)A sentence of reformative training (including any period of supervision under the sentence) must not extend beyond 54 months after the date the sentence takes effect.
(8)The period of detention under a sentence of reformative training must not extend beyond —
(a)54 months after the date the sentence takes effect, in any case that may be prescribed; or
(b)36 months after the date the sentence takes effect, in any other case.
(9)A sentence of reformative training (including any period of supervision under the sentence) that is imposed on a person expires if, while the person is serving the sentence —
(a)a sentence of corrective training, or another sentence of reformative training, is imposed on the person; or
(b)the person is detained under an order made under section 30(1) of the Criminal Law (Temporary Provisions) Act (Cap. 67).
(10)Where a person, while serving a sentence of reformative training (including any period of supervision under the sentence), is sentenced to imprisonment, the sentence of reformative training does not expire, but runs concurrently with the sentence of imprisonment.