Neither detention nor imprisonment could be ordered where sentencing hearing adjourned until after 18th birthday

Birmingham P: Criminal law – consultative case stated – what are the options available to the court in sentencing the defendant – does the Court have any power to sentence the defendant in light of s. 144(11) of the Children Act 2001, in circumstances where the resumed hearing date nominated under s. 145(5) has now passed – where the deferment date occurred when the defendant was a child, but the resumed hearing date occurred when the defendant was 18 years of age, does the Court have the jurisdiction to impose a period of detention under s. 144(9) of the Children Act 2001 on the defendant – where the deferment date occurred when the defendant was a child, but the resumed hearing date occurred when the defendant was an adult, does the Court have the jurisdiction to suspend the whole or a portion of the period of detention on the Defendant – if yes, do the provisions of s. 99 of the Criminal Justice Act 2006 govern the suspension of the period of detention – if no, does the Court have an inherent jurisdiction to impose terms and conditions on the suspended period of detention – defendant and co-accused threatened a taxi driver and demanded money – driver fled – taxi was unlawfully seized by defendant – defendant drove taxi a short distance and then fled on foot – Gardaí apprehended defendant and co-accused – defendant pleaded guilty after being sent forward for trial – sentence hearing adjourned on a number of occasions – sentencing judge indicated that she intended to impose detention orders and matters were adjourned – defendant’s bail was revoked due to non-compliance with bail conditions – defendant had already turned 18 then – judge was minded to deploy s.99 of the Criminal Justice Act 2006 but counsel for the defendant submitted that she was constrained by the terms of the 2001 Act – only option available to the Court is to make an order pursuant to s.2 of the Probation Act 1907 – the Court does not have any power to sentence, apart from the making of a probation order pursuant to s.2 of the Probation Act 1907 – in the circumstances described, the Court does not have a power to impose a detention order – question of suspension in whole or in part does not arise – in circumstances where the Court does not have a jurisdiction to impose a detention order, the question of suspension in whole or in part pursuant to any inherent jurisdiction of the Court does not arise – question of imposing terms and conditions on the suspended period of detention does not arise.