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Legal Aid, Sentencing and Punishment of Offenders Act 2012

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Legal Aid, Sentencing and Punishment of Offenders Act 2012, SCHEDULE 12 is up to date with all changes known to be in force on or before 28 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

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Changes and effects yet to be applied to Schedule 12:

  • specified provision(s) amendment to earlier commencing S.I. 2016/286, art. 4(1) by S.I. 2017/225 art. 2

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

  • Act applied (with modifications) by S.I. 2018/1125 reg. 8 (This amendment not applied to legislation.gov.uk. S.I. 2018/1125, reg. 8 omitted (31.12.2020) by virtue of Private International Law (Implementation of Agreements) Act 2020 (c. 24), s. 4(3), Sch. 5 para. 4(4))

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Section 105

SCHEDULE 12E+WRemands of children otherwise than on bail: minor and consequential amendments

This schedule has no associated Explanatory Notes

Criminal Justice Act 1948 (c. 58)E+W

1E+WSection 27 of the Criminal Justice Act 1948 (remand of persons aged 17 to 20) is amended as follows.

2E+WIn the heading, for “17” substitute “ 18 ”.

3E+WIn subsection (1) for “seventeen” substitute “ eighteen ”.

Prison Act 1952 (c. 52)E+W

4E+WIn section 43(1) of the Prison Act 1952 (power of Secretary of State to provide young offender institutions, secure training centres etc), at the end of paragraph (d) insert “ and in which children who have been remanded to youth detention accommodation under section 91(4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 may be detained ”.

Children and Young Persons Act 1969 (c. 54)E+W

5E+WThe Children and Young Persons Act 1969 is amended as follows.

6E+WOmit section 23 (remands and committals to local authority accommodation).

Commencement Information

I1Sch. 12 para. 6 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

7E+WOmit section 23AA (electronic monitoring of conditions of remand).

Commencement Information

I2Sch. 12 para. 7 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

8E+WOmit section 23A (liability to arrest for breaking conditions of remand).

Commencement Information

I3Sch. 12 para. 8 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

9(1)Section 23B (report by local authority in certain cases where person remanded on bail) is amended as follows.E+W

(2)In subsection (2), at the end insert “ under section 91(3) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. ”

(3)In subsection (3), for “section 23(2) of this Act” substitute “ section 92(2) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.

(4)In subsection (6)—

(a)in paragraph (a), for “17” substitute “ 18 ”, and

(b)for paragraph (b) and the “and” at the end of that paragraph substitute—

(b)the requirements in section 94(3) and (4) or 95(3) and (4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 would have been fulfilled if the person had not been remanded on bail, and.

(5)In subsection (7), in the definition of “serious offence”, after “means” insert “ (subject to subsection (8)) ”.

(6)After subsection (7) insert—

(8)For the purposes of the application of this section to a person remanded on bail in connection with proceedings under the Extradition Act 2003—

(a)an offence is a “serious offence” if the conduct constituting the offence would, if committed in England and Wales, constitute an offence punishable in the case of an adult with imprisonment for a term of two years or more, and

(b)the reference in subsection (1)(a) to a person being charged with a serious offence includes a reference to the person having been accused of such an offence.

10(1)Section 32 (detention of absentees) is amended as follows.E+W

(2)In subsection (1A)—

(a)in paragraph (b), omit sub-paragraph (iii), and

(b)after that paragraph insert—

(c)from a place in which the child or young person has been accommodated pursuant to a remand under section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012,.

(3)In subsection (1B), for the “or” at the end of paragraph (b) substitute—

(ba)the place mentioned in subsection (1A)(c); or.

(4)In subsection (1C), for paragraph (d) and the “or” preceding that paragraph substitute—

(d)where the child or young person was accommodated pursuant to a remand under section 91(3) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (remands to local authority accommodation), the designated authority within the meaning of section 107(1) of that Act; or

(e)where the child or young person was accommodated pursuant to a remand under section 91(4) of that Act (remands to youth detention accommodation), the Secretary of State.

Commencement Information

I4Sch. 12 para. 10 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

11E+WIn section 34(1) (transitional modifications of Part 1 for persons of specified ages)—

(a)in paragraph (c) omit “, 23(1)”, and

(b)omit paragraph (e).

Commencement Information

I5Sch. 12 para. 11 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

12E+WIn section 69 (orders and regulations etc) omit subsection (4A).

Commencement Information

I6Sch. 12 para. 12 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

Local Authority Social Services Act 1970 (c. 42)E+W

13E+WIn Schedule 1 to the Local Authority Social Services Act 1970 (social services functions for the purposes of the Act), at the end insert—

Legal Aid, Sentencing and Punishment of Offenders Act 2012
Section 92Functions in relation to a child remanded to local authority accommodation.

Bail Act 1976 (c. 63)E+W

14E+WThe Bail Act 1976 is amended as follows.

15(1)Section 3AA (conditions for the imposition of electronic monitoring requirements: children and young persons) is amended as follows.E+W

(2)In subsection (3)(b), for “to local authority accommodation” substitute “ subject to a custodial remand ”.

(3)For subsection (11) substitute—

(11)The references in subsection (3)(b) to an imprisonable offence include a reference to an offence—

(a)of which the child or young person has been convicted outside England and Wales, and

(b)which is equivalent to an offence that is punishable with imprisonment in England and Wales.

(12)The reference in subsection (3)(b) to a child or young person being subject to a custodial remand is to the child or young person being—

(a)remanded to local authority accommodation or youth detention accommodation under section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012,

(b)remanded to local authority accommodation under section 23 of the Children and Young Persons Act 1969 or to prison under that section as modified by section 98 of the Crime and Disorder Act 1998 or under section 27 of the Criminal Justice Act 1948, or

(c)subject to a form of custodial detention in a country or territory outside England and Wales while awaiting trial or sentence in that country or territory or during a trial in that country or territory.

16E+WIn section 7(6) (arrest for absconding or breaking conditions of bail: powers of justice), for the words from “section 23” to the end of the subsection substitute “ section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (remands of children otherwise than on bail) ”.

17E+WIn Part 3 of Schedule 1 (supplementary provisions about persons entitled to bail: interpretation), in paragraph 3, for the words from “the care of” to the end of the paragraph substitute “ accommodation pursuant to a remand under section 91(3) or (4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (remands to local authority accommodation or youth detention accommodation). ”

Commencement Information

I7Sch. 12 para. 17 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

Child Abduction Act 1984 (c. 37)E+W

18E+WThe Child Abduction Act 1984 is amended as follows.

19E+WIn section 1(8) (offence of child abduction: modifications in relation to children remanded to local authority accommodation etc), for “to a local authority accommodation” substitute “ otherwise than on bail ”.

20E+WIn paragraph 2 of the Schedule (modifications of section 1 in case of children in places of safety etc)—

(a)in sub-paragraph (1), in paragraph (b) omit “section 23 of the Children and Young Persons Act 1969,”,

(b)in that sub-paragraph, at the end of paragraph (ba) insert ; or

(bb)remanded to local authority accommodation or youth detention accommodation under section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012., and

(c)in sub-paragraph (2)(a), after “place of safety” insert “ , local authority accommodation or youth detention accommodation ”.

Commencement Information

I8Sch. 12 para. 20 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

Police and Criminal Evidence Act 1984 (c. 60)E+W

21E+WIn section 17(1)(ca) of the Police and Criminal Evidence Act 1984 (powers of entry and search of premises for purpose of arresting child or young person remanded to local authority accommodation), for the words from “or committed” to “that Act” substitute “ to local authority accommodation or youth detention accommodation under section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.

Commencement Information

I9Sch. 12 para. 21 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

Prosecution of Offences Act 1985 (c. 23)E+W

22E+WIn section 22(11) of the Prosecution of Offences Act 1985 (time limits in relation to preliminary stages of criminal proceedings: interpretation), in the definition of “custody” for the words from “to which” to “Act 1969” substitute “ or youth detention accommodation to which a person is remanded under section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.

Children Act 1989 (c. 41)E+W

23E+WThe Children Act 1989 is amended as follows.

Commencement Information

I10Sch. 12 para. 23 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

24E+WIn section 21(2)(c) (duty to receive and provide accommodation for certain kinds of children) omit sub-paragraph (i) (children on remand under section 23(1) of the Children and Young Persons Act 1969).

Commencement Information

I11Sch. 12 para. 24 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

25E+WIn Schedule 12 (minor amendments), omit paragraph 28(b).

Commencement Information

I12Sch. 12 para. 25 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

Criminal Justice Act 1991 (c. 53)E+W

26E+WThe Criminal Justice Act 1991 is amended as follows.

27E+WOmit section 60(1).

28E+WIn section 60(3) (applications under section 25 of the Children Act 1989 in case of child remanded or committed to local authority accommodation)—

(a)omit “or committed”, and

(b)after “local authority accommodation” insert “ under section 91(3) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.

Commencement Information

I13Sch. 12 para. 28 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

29E+WOmit section 61 (provision by local authorities of secure accommodation).

Commencement Information

I14Sch. 12 para. 29 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

30E+WOmit section 61A (cost of secure accommodation).

31E+WIn section 92(3) (application of prisoner escort provisions to persons remanded etc under section 23 of the Children and Young Persons Act 1969)—

(a)in paragraph (a), for the words from “or committed” to “1969 Act” substitute “ to local authority accommodation or youth detention accommodation under section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”, and

(b)in paragraph (b) for “such accommodation” substitute “ accommodation in which a person is or is to be accommodated pursuant to such a remand ”.

Commencement Information

I15Sch. 12 para. 31 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

Bail (Amendment) Act 1993 (c. 26)E+W

32E+WIn section 1(10) of the Bail (Amendment) Act 1993 (prosecution right of appeal against grant of bail: application to children and young persons)—

(a)for the words from “child” to “Act 1969)” substitute “ person under the age of 18 ”, and

(b)in paragraph (b) for the words from “section 23” to “accommodation)” substitute “ Chapter 3 of Part 3 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (remands of children otherwise than on bail) ”.

Criminal Justice and Public Order Act 1994 (c. 33)E+W

33E+WThe Criminal Justice and Public Order Act 1994 is amended as follows.

Commencement Information

I16Sch. 12 para. 33 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

34E+WOmit sections 19(1) and (3), 21 and 23.

Commencement Information

I17Sch. 12 para. 34 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

35E+WIn Schedule 9 (minor amendments) omit paragraph 38.

Commencement Information

I18Sch. 12 para. 35 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

Crime and Disorder Act 1998 (c. 37)E+W

36E+WThe Crime and Disorder Act 1998 is amended as follows.

Commencement Information

I19Sch. 12 para. 36 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

37E+WIn section 38(4)(d) (definition of “youth justice services”: placements pursuant to remands to local authority accommodation), for the words from “or committed” to “1969 Act”)” substitute “ to such accommodation under section 91(3) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.

Commencement Information

I20Sch. 12 para. 37 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

38E+WIn section 41(5) (functions of the Youth Justice Board for England and Wales) omit—

(a)paragraph (i)(iii) (agreements for the provision of accommodation for detention under section 23(4)(c) of the Children and Young Persons Act 1969 as modified by section 98 of the Crime and Disorder Act 1998), and

(b)paragraph (k) (assistance to local authorities in discharging duty under section 61 of the Criminal Justice Act 1991).

Commencement Information

I21Sch. 12 para. 38 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

39E+WIn section 57A(3) (use of live link for accused's attendance at preliminary or sentencing hearing: interpretation), in paragraph (a) of the definition of “custody”, for the words from “to which” to “Act 1969” substitute “ or youth detention accommodation to which a person is remanded under section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.

Commencement Information

I22Sch. 12 para. 39 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

40E+WOmit sections 97 and 98.

Commencement Information

I23Sch. 12 para. 40 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

Access to Justice Act 1999 (c. 22)E+W

41E+WIn Schedule 4 to the Access to Justice Act 1999 (amendments consequential on Part 1), omit paragraphs 4, 6 and 7.

Commencement Information

I24Sch. 12 para. 41 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)E+W

F142E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F143E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F144E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Care Standards Act 2000 (c. 14)E+W

45E+WIn Schedule 4 to the Care Standards Act 2000 (minor and consequential amendments), omit paragraphs 3 and 17.

Commencement Information

I25Sch. 12 para. 45 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

Criminal Justice and Court Services Act 2000 (c. 43)E+W

46(1)Schedule 7 to the Criminal Justice and Court Services Act 2000 (minor and consequential amendments) is amended as follows.E+W

(2)In paragraph 4(2), in the entry for the Children and Young Persons Act 1969, omit the words from “section 23(4)” to “15 and 16 year old boys)),”.

(3)Omit paragraph 39.

Commencement Information

I26Sch. 12 para. 46 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

Criminal Justice and Police Act 2001 (c. 16)E+W

47E+WIn the Criminal Justice and Police Act 2001, omit sections 130, 132 and 133(1).

Commencement Information

I27Sch. 12 para. 47 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

Courts Act 2003 (c. 39)E+W

48E+WIn Schedule 8 to the Courts Act 2003 (minor and consequential amendments), omit paragraph 135.

Commencement Information

I28Sch. 12 para. 48 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

Extradition Act 2003 (c. 41)E+W

49E+WIn the Extradition Act 2003, omit section 201.

Commencement Information

I29Sch. 12 para. 49 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

Criminal Justice Act 2003 (c. 44)E+W

50E+WThe Criminal Justice Act 2003 is amended as follows.

Commencement Information

I30Sch. 12 para. 50 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

51E+WIn section 242 (interpretation of provisions about crediting periods of remand in custody)—

(a)in subsection (2)(b), for the words from “or committed” to “that section” substitute “ to youth detention accommodation under section 91(4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”, and

(b)omit subsection (3).

Commencement Information

I31Sch. 12 para. 51 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

52E+WIn Schedule 32 (amendments relating to sentencing), omit paragraph 15.

Commencement Information

I32Sch. 12 para. 52 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

Criminal Defence Service Act 2006 (c. 9)E+W

53E+WIn section 4(2) of the Criminal Defence Service Act 2006 (provisions to which certain consequential amendments apply), omit paragraphs (a) and (b).

Commencement Information

I33Sch. 12 para. 53 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

Violent Crime Reduction Act 2006 (c. 38)E+W

54E+WIn the Violent Crime Reduction Act 2006, omit section 61.

Commencement Information

I34Sch. 12 para. 54 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

Criminal Justice and Immigration Act 2008 (c. 4)E+W

55E+WIn Schedule 26 to the Criminal Justice and Immigration Act 2008 (minor and consequential amendments), omit paragraph 5.

Commencement Information

I35Sch. 12 para. 55 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

Children and Young Persons Act 2008 (c. 23)E+W

56E+WIn Schedule 1 to the Children and Young Persons Act 2008 (children looked after by local authorities: supplementary and consequential provision), omit paragraph 8.

Commencement Information

I36Sch. 12 para. 56 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

Offender Management Act 2007 (Consequential Amendments) Order 2008 (SI 2008/912)E+W

57E+WIn Schedule 1 to the Offender Management Act 2007 (Consequential Amendments) Order 2008 (amendments of Acts), omit paragraph 13(6).

Commencement Information

I37Sch. 12 para. 57 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

Policing and Crime Act 2009 (c. 26)E+W

58E+WIn paragraph 14(3) of Schedule 5A to the Policing and Crime Act 2009 (detention order for breach of injunction: meaning of youth detention accommodation) for paragraph (c) substitute—

(c)a secure children's home, as defined by section 102(11) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

Commencement Information

I38Sch. 12 para. 58 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

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