Detention in the case of certain crimes committed by children or young persons

(1) Notwithstanding anything in this Act to the contrary, (a) where a child of not less than ten years of age or a young person is convicted of any of the offences specified in subsection (2) of this section; or (b) in any other case, the court is satisfied that he qualifies for a custodial sentence as mentioned in subsection(3) of this section, the court may sentence the offender to imprisonment, and where such a sentence is passed, the child or young person shall, notwithstanding anything in the other provisions of this Act, be kept in prison or in such other secure place as the Minister responsible for juvenile offenders may direct, and whilst so detained shall be deemed to be in lawful custody. (2) The offences referred to in subsection (1) of this section are attempted murder, manslaughter, maim, dangerous or grievous harm, robbery, attempted robbery, assault with intent to rob, burglary or aggravated burglary, an offence under the Firearms Act, Cap. 143, or a drug trafficking offence. (3) An offender qualifies for a custodial sentence within the meaning of subsection (1) of this section if, 14 (a) he has a history of failure to respond to non- custodial penalties and is unable or unwilling to respond to them; (b) only a custodial sentence would be adequate to protect the public from serious harm or damage from him; or (c) the nature, gravity or prevalence of the offence of which he has been convicted or found guilty was such that a non-custodial sentence would not be appropriate. (4) The provisions of this Act shall be without prejudice to any other law which requires the imposition of mandatory minimum custodial or other sentences for certain offences. (5) In this section, the word “imprisonment” shall be read and construed as a custodial sentence in a place of detention referred to in section 13 of this Act.