Young murderers can’t be hanged

“Sentence of death shall not be pronounced on or recorded against a person convicted of an offence if it appears to the court that the time when the offence was committed he was under the age of 18 years; but in lieu thereof the court shall sentence him to be detained during the State’s pleasure, and, if so sentenced, he shall be liable to be detained in such place and under such conditions as the Minister may direct, and whilst so detained shall be deemed to be in legal custody.”

The objective of this legislation is to protect young offenders from the full penalty of the law as it applies to adults.

Under Section 81 of the Children’s Act, the State maintains a discretionary power to release the detainee on licence. That Section states:

“(1) A person in detention pursuant to the directions of the Minister under Section 79 and 80 may, at any time, be discharged by the Minister on licence.

(2) A licence may be in such form and may contain such conditions as a the Minister may direct.

(3) A licence may at any time be revoked or varied by the Minister, and, where a licence has been revoked, the person to whom the licence related shall return to such place as the Minister may direct, and it he fails to do so may be apprehended without warrant and taken to that place.”

The young offender may be released from detention if the Prison Authorities, after carrying out a review, make a recommendation to the Minister of National Security. An Advisory Committee then makes recommendations to the President for the detainees release.

From time to time, the Minister of National Security submits a list of names of inmates to the Commissioner of Prisons for consideration.