Part I Care and other treatment of juveniles through court proceedings
Committal to care of local authorities
F120. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F220A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F321. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F421A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F522. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C123F6Remands and committals to local authority accommodation.
1
Where—
a
a court remands a child or young person charged with or convicted of one or more offences or commits him for trial or sentence; and
b
he is not released on bail,
the remand or committal shall be to local authority accommodation; and in the following provisions of this section, any reference (however expressed) to a remand shall be construed as including a reference to a committal.
2
A court remanding a person to local authority accommodation shall designate the local authority who are to receive him; and that authority shall be—
a
in the case of a person who is being looked after by a local authority, that authority; and
b
in any other case, the local authority in whose area it appears to the court that he resides or the offence or one of the offences was committed.
3
Where a person is remanded to local authority accommodation, it shall be lawful for any person acting on behalf of the designated authority to detain him.
4
F7Subject to subsections (5) and (5A) below, a court remanding a person to local authority accommodation may, after consultation with the designated authority, require that authority to comply with a security requirement, that is to say, a requirement that the person in question be placed and kept in secure accommodation.
5
A court shall not impose a security requirement except in respect of F8a child who has attained the age of twelve, or a young person, who (in either case) is of a prescribed description, and then only if—
a
he is charged with or has been convicted of a violent or sexual offence, or an offence punishable in the case of an adult with imprisonment for a term of fourteen years or more; or
b
he has a recent history of absconding while remanded to local authority accommodation, and is charged with or has been convicted of an imprisonable offence alleged or found to have been committed while he was so remanded,
and (in either case) the court is of opinion that only such a requirement would be adequate to protect the public from serious harm from him.
F95A
A court shall not impose a security requirement in respect of a child or young person who is not legally represented in the court unless—
F10a
he was granted a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service but the right was withdrawn because of his conduct; or
b
having been informed of his right to apply for F11such representation and had the opportunity to do so, he refused or failed to apply.
6
Where a court imposes a security requirement in respect of a person, it shall be its duty—
a
to state in open court that it is of such opinion as is mentioned in subsection (5) above; and
b
to explain to him in open court and in ordinary language why it is of that opinion;
and a magistrates’ court shall cause a reason stated by it under paragraph (b) above to be specified in the warrant of commitment and to be entered in the register.
7
A court remanding a person to local authority accommodation without imposing a security requirement may, after consultation with the designated authority, require that person to comply with any such conditions as could be imposed under section 3(6) of the Bail Act 1976 if he were then being granted bail.
F127A
Where a person is remanded to local authority accommodation and a security requirement is imposed in respect of him—
a
the designated local authority may, with the consent of the Secretary of State, arrange for the person to be detained, for the whole or any part of the period of the remand or committal, in a secure training centre; and
b
his detention there pursuant to the arrangements shall be lawful.
7B
Arrangements under subsection (7A) above may include provision for payments to be made by the authority to the Secretary of State.
8
Where a court imposes on a person any such conditions as are mentioned in subsection (7) above, it shall be its duty to explain to him in open court and in ordinary language why it is imposing those conditions; and a magistrates’ court shall cause a reason stated by it under this subsection to be specified in the warrant of commitment and to be entered in the register.
9
A court remanding a person to local authority accommodation without imposing a security requirement may, after consultation with the designated authority, impose on that authority requirements—
a
for securing compliance with any conditions imposed on that person under subsection (7) above; or
b
stipulating that he shall not be placed with a named person.
10
Where a person is remanded to local authority accommodation, a relevant court—
a
may, on the application of the designated authority, impose on that person any such conditions as could be imposed under subsection (7) above if the court were then remanding him to such accommodation; and
b
where it does so, may impose on that authority any requirements for securing compliance with the conditions so imposed.
11
Where a person is remanded to local authority accommodation, a relevant court may, on the application of the designated authority or that person, vary or revoke any conditions or requirements imposed under subsection (7), (9) or (10) above.
12
In this section—
“court” and “magistrates” court’ include a justice;
“imprisonable offence” means an offence punishable in the case of an adult with imprisonment;
F13“prescribed description” means a description prescribed by reference to age or sex or both by an order of the Secretary of State;
“relevant court”, in relation to a person remanded to local authority accommodation, means the court by which he was so remanded, or any magistrates’ court having jurisdiction in the place where he is for the time being;
“secure accommodation” means accommodation which is provided in a community home, a voluntary home or a registered children’s home for the purpose of restricting liberty, and is approved for that purpose by the Secretary of State;
“sexual offence” and “violent offence” have the same meanings as in F14the Powers of Criminal Courts (Sentencing) Act 2000;
“young person” means a person who has attained the age of fourteen years and is under the age of seventeen years.
F15but, for the purposes of the definition of “secure accommodation”, “local authority accommodation” includes any accommodation falling within section 61(2) of the M1Criminal Justice Act 1991.
13
In this section—
a
any reference to a person who is being looked after by a local authority shall be construed in accordance with section 22 of the Children Act 1989;
b
any reference to consultation shall be construed as a reference to such consultation (if any) as is reasonably practicable in all the circumstances of the case; and
c
any reference, in relation to a person charged with or convicted of a violent or sexual offence, to protecting the public from serious harm from him shall be construed as a reference to protecting members of the public from death or serious personal injury, whether physical or psychological, occasioned by further such offences committed by him.
14
This section has effect subject to—
F16a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
section 128(7) of that Act (remands to the custody of a constable for periods of not more than three days),
but section 128(7) shall have effect in relation to a child or young person as if for the reference to three clear days there were substituted a reference to twenty-four hours.
23AF17 Liability to arrest for breaking conditions of remand.
1
A person who has been remanded or committed to local authority accommodation and in respect of whom conditions under subsection (7) or (10) of section 23 of this Act have been imposed may be arrested without warrant by a constable if the constable has reasonable grounds for suspecting that that person has broken any of those conditions.
2
A person arrested under subsection (1) above—
a
shall, except where he was arrested within 24 hours of the time appointed for him to appear before the court in pursuance of the remand or committal, be brought as soon as practicable and in any event within 24 hours after his arrest before a justice of the peace for the petty sessions area in which he was arrested; and
b
in the said excepted case shall be brought before the court before which he was to have appeared.
In reckoning for the purposes of this subsection any period of 24 hours, no account shall be taken of Christmas Day, Good Friday or any Sunday.
3
A justice of the peace before whom a person is brought under subsection (2) above—
a
if of the opinion that that person has broken any condition imposed on him under subsection (7) or (10) of section 23 of this Act shall remand him; and that section shall apply as if he was then charged with or convicted of the offence for which he had been remanded or committed;
b
if not of that opinion shall remand him to the place to which he had been remanded or committed at the time of his arrest subject to the same conditions as those which had been imposed on him at that time.
23AAF18 Electronic monitoring of conditions of remand
1
A court shall not impose a condition on a person under section 23(7)(b) above (an “electronic monitoring condition”) unless each of the following requirements is fulfilled.
2
The first requirement is that the person has attained the age of twelve years.
3
The second requirement is that—
a
the person is charged with or has been convicted of a violent or sexual offence, or an offence punishable in the case of an adult with imprisonment for a term of fourteen years or more; or
b
he is charged with or has been convicted of one or more imprisonable offences which, together with any other imprisonable offences of which he has been convicted in any proceedings—
i
amount, or
ii
would, if he were convicted of the offences with which he is charged, amount,
to a recent history of repeatedly committing imprisonable offences while remanded on bail or to local authority accommodation.
4
The third requirement is that the court—
a
has been notified by the Secretary of State that electronic monitoring arrangements are available in each petty sessions area which is a relevant area; and
b
is satisfied that the necessary provision can be made under those arrangements.
5
The fourth requirement is that a youth offending team has informed the court that in its opinion the imposition of such a condition will be suitable in the person’s case.
6
Where a court imposes an electronic monitoring condition, the condition shall include provision for making a person responsible for the monitoring; and a person who is made so responsible shall be of a description specified in an order made by the Secretary of State.
7
The Secretary of State may make rules for regulating—
a
the electronic monitoring of compliance with conditions imposed under section 23(7)(a) above; and
b
without prejudice to the generality of paragraph (a) above, the functions of persons made responsible for securing the electronic monitoring of compliance with such conditions.
8
Subsections (8) to (10) of section 3AA of the Bail Act 1976 (c. 63) (provision about rules and orders under that section) shall apply in relation to this section as they apply in relation to that section.
9
For the purposes of this section a petty sessions area is a relevant area in relation to a proposed electronic monitoring condition if the court considers that it will not be practicable to secure the electronic monitoring in question unless electronic monitoring arrangements are available in that area.