|
| |
|
(c) | section 280 (alteration of penalties for specified summary offences), |
| |
(d) | section 281 (alteration of penalties for other summary offences), |
| |
(e) | section 282 (increase in the maximum term that may be imposed on |
| |
summary conviction of offence triable either way), |
| |
(f) | section 283 (enabling powers: power to alter maximum penalties), |
| 5 |
(g) | section 298 (term of detention and training order), |
| |
(h) | Schedule 25 (summary offences no longer punishable with |
| |
| |
(i) | Schedule 26 (increase in maximum term for certain summary offences), |
| |
(j) | Schedule 27 (enabling powers: alteration of maximum penalties etc), |
| 10 |
(k) | paragraphs 17, 27, 33 and 68(2) of Part 1 of Schedule 32 (amendments |
| |
relating to sentencing: general), and |
| |
(l) | Part 2 of that Schedule (offences: abolition of imprisonment and |
| |
conversion to summary offence). |
| |
(3) | In Part 7 of Schedule 37 to that Act (repeals relating to sentencing)— |
| 15 |
(a) | in the entry relating to the Magistrates’ Courts Act 1980, omit “Section |
| |
| |
(b) | in the entry relating to the Powers of Criminal Courts (Sentencing) Act |
| |
2000, for “78” substitute “79”. |
| |
(4) | In consequence of the repeal of section 154 of the Criminal Justice Act 2003, |
| 20 |
omit paragraph 154 of Schedule 13 to the Tribunals, Courts and Enforcement |
| |
| |
72 | Custody plus orders and intermittent custody orders |
| |
(1) | In the Criminal Justice Act 2003, omit the following provisions (custody plus |
| |
and intermittent custody)— |
| 25 |
| |
| |
(2) | Schedule 9 (amendments consequential on subsection (1)) has effect. |
| |
| |
| 30 |
73 | Amendment of bail enactments |
| |
Schedule 10 (amendment of enactments relating to bail) has effect. |
| |
| |
Remands of children otherwise than on bail |
| |
| 35 |
74 | Remands of children otherwise than on bail |
| |
(1) | This section applies where— |
| |
|
| |
|
| |
|
(a) | a court deals with a child charged with or convicted of one or more |
| |
offences by remanding the child, and |
| |
(b) | the child is not released on bail. |
| |
(2) | This section also applies where— |
| |
(a) | a court remands a child in connection with extradition proceedings, |
| 5 |
| |
(b) | the child is not released on bail. |
| |
(3) | Subject to subsection (4), the court must remand the child to local authority |
| |
accommodation in accordance with section 75. |
| |
(4) | The court may instead remand the child to youth detention accommodation in |
| 10 |
accordance with section 85 where— |
| |
(a) | in the case of a child remanded under subsection (1), the first or second |
| |
set of conditions for such a remand (see sections 81 and 82) is met in |
| |
relation to the child, or |
| |
(b) | in the case of a child remanded under subsection (2), the first or second |
| 15 |
set of conditions for such a remand in an extradition case (see sections |
| |
83 and 84) is met in relation to the child. |
| |
(5) | In this Chapter, “child” means a person under the age of 18. |
| |
(6) | References in this Chapter (other than in relation to extradition proceedings) to |
| |
the remand of a child include a reference to— |
| 20 |
(a) | the sending of a child for trial, and |
| |
(b) | the committal of a child for sentence, |
| |
| (and related expressions are to be construed accordingly). |
| |
(7) | Before the insertion of section 51A of the Crime and Disorder Act 1998 (sending |
| |
cases to the Crown Court: children and young persons) by Schedule 3 to the |
| 25 |
Criminal Justice Act 2003 is fully in force, subsection (6) has effect as if it also |
| |
referred to the committal of a child for trial. |
| |
(8) | Subsection (6) also applies to any provision of an Act other than this Act that |
| |
refers (directly or indirectly) to the remand of a child under this section. |
| |
Remands to local authority accommodation |
| 30 |
75 | Remands to local authority accommodation |
| |
(1) | A remand to local authority accommodation is a remand to accommodation |
| |
provided by or on behalf of a local authority. |
| |
(2) | A court that remands a child to local authority accommodation must designate |
| |
the local authority that is to receive the child. |
| 35 |
(3) | That authority must be— |
| |
(a) | in the case of a child who is being looked after by a local authority, that |
| |
| |
(b) | in any other case, the local authority in whose area it appears to the |
| |
court that the child habitually resides or the offence or one of the |
| 40 |
| |
(4) | The designated authority must— |
| |
(a) | receive the child, and |
| |
|
| |
|
| |
|
(b) | provide or arrange for the provision of accommodation for the child |
| |
whilst the child is remanded to local authority accommodation. |
| |
(5) | Where a child is remanded to local authority accommodation, it is lawful for |
| |
any person acting on behalf of the designated authority to detain the child. |
| |
(6) | In this section, a reference to a child who is being looked after by a local |
| 5 |
authority is to be construed in accordance with section 22 of the Children Act |
| |
| |
76 | Conditions etc on remands to local authority accommodation |
| |
(1) | A court remanding a child to local authority accommodation may require the |
| |
child to comply with any conditions that could be imposed under section 3(6) |
| 10 |
of the Bail Act 1976 if the child were then being granted bail. |
| |
(2) | The court may also require the child to comply with any conditions imposed |
| |
for the purpose of securing the electronic monitoring of the child’s compliance |
| |
with the conditions imposed under subsection (1) if— |
| |
(a) | in the case of a child remanded under section 74(1) (proceedings other |
| 15 |
than extradition proceedings), the requirements in section 77 are met, |
| |
| |
(b) | in the case of a child remanded under section 74(2) (extradition |
| |
proceedings), the requirements in section 78 are met. |
| |
(3) | A court remanding a child to local authority accommodation may impose on |
| 20 |
the designated authority— |
| |
(a) | requirements for securing compliance with any conditions imposed on |
| |
the child under subsection (1) or (2), or |
| |
(b) | requirements stipulating that the child must not be placed with a |
| |
| 25 |
(4) | A court may only impose a condition under subsection (1) or (2), or a |
| |
requirement under subsection (3), after consultation with the designated |
| |
| |
(5) | Where a child has been remanded to local authority accommodation, a relevant |
| |
| 30 |
(a) | may, on the application of the designated authority, impose on that |
| |
child any conditions that could be imposed under subsection (1) or (2) |
| |
if the court were then remanding the child to local authority |
| |
| |
(b) | where it does so, may impose on the authority requirements for |
| 35 |
securing compliance with the conditions imposed under paragraph (a). |
| |
(6) | Where a child has been remanded to local authority accommodation, a relevant |
| |
court may, on the application of the designated authority or that child, vary or |
| |
revoke any conditions or requirements imposed under this section (including |
| |
as previously varied under this subsection). |
| 40 |
(7) | A court that imposes conditions on a child under this section or varies |
| |
| |
(a) | must explain to the child in open court and in ordinary language why |
| |
it is imposing or varying those conditions, and |
| |
|
| |
|
| |
|
(b) | if the court is a magistrate’s court, must cause a reason given under |
| |
paragraph (a) to be specified in the warrant of commitment and entered |
| |
| |
(8) | In this section “relevant court”— |
| |
(a) | in relation to a child remanded to local authority accommodation by |
| 5 |
virtue of section 74(1) (proceedings other than extradition |
| |
| |
(i) | the court by which the child was so remanded, or |
| |
(ii) | any magistrate’s court that has jurisdiction in the place where |
| |
the child is for the time being; |
| 10 |
(b) | in relation to a child remanded to local authority accommodation by |
| |
virtue of section 74(2) (extradition proceedings), means the court by |
| |
which the child was so remanded. |
| |
(9) | References in this section to consultation are to such consultation (if any) as is |
| |
reasonably practicable in all the circumstances of the case. |
| 15 |
77 | Requirements for electronic monitoring |
| |
(1) | The requirements referred to in section 76(2)(a) (conditions for imposing |
| |
electronic monitoring condition: non-extradition cases) are those set out in |
| |
subsections to (2) to (6). |
| |
(2) | The first requirement is that the child has reached the age of twelve. |
| 20 |
(3) | The second requirement is that the offence mentioned in section 74(1), or one |
| |
or more of those offences, is an imprisonable offence. |
| |
(4) | The third requirement is that— |
| |
(a) | the offence mentioned in section 74(1), or one or more of those offences, |
| |
is a violent or sexual offence or an offence punishable in the case of an |
| 25 |
adult with imprisonment for a term of 14 years or more, or |
| |
(b) | the offence or offences mentioned in section 74(1), together with any |
| |
other imprisonable offences of which the child has been convicted in |
| |
any proceedings, amount or would, if the child were convicted of that |
| |
offence or those offences, amount to a recent history of committing |
| 30 |
imprisonable offences while— |
| |
| |
(ii) | remanded to local authority accommodation, or |
| |
(iii) | remanded to youth detention accommodation. |
| |
(5) | The fourth requirement is that the court is satisfied that the necessary provision |
| 35 |
for electronic monitoring can be made under arrangements currently available |
| |
in each local justice area which is a relevant area. |
| |
(6) | The fifth requirement is that a youth offending team has informed the court |
| |
that, in its opinion, the imposition of an electronic monitoring condition will be |
| |
suitable in the child’s case. |
| 40 |
(7) | For the purposes of this section, a local justice 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. |
| |
| 45 |
|
| |
|
| |
|
“electronic monitoring condition” means a condition imposed on a child |
| |
remanded to local authority accommodation for the purpose of |
| |
securing the electronic monitoring of the child’s compliance with |
| |
conditions imposed under section 76(1); |
| |
“imprisonable offence” means an offence punishable in the case of an |
| 5 |
| |
“sexual offence” means an offence specified in Part 2 of Schedule 15 to the |
| |
Criminal Justice Act 2003; |
| |
“violent offence” means murder or an offence specified in Part 1 of |
| |
Schedule 15 to the Criminal Justice Act 2003; |
| 10 |
“youth offending team” means a team established under section 39 of the |
| |
Crime and Disorder Act 1998. |
| |
(9) | The reference in subsection (4)(b) to a child being remanded to local authority |
| |
accommodation or to youth detention accommodation includes a child being |
| |
remanded to local authority accommodation under section 23 of the Children |
| 15 |
and Young Persons Act 1969. |
| |
78 | Requirements for electronic monitoring: extradition cases |
| |
(1) | The requirements referred to in section 76(2)(b) (conditions for imposing |
| |
electronic monitoring condition: extradition cases) are those set out in |
| |
subsections to (2) to (6). |
| 20 |
(2) | The first requirement is that the child has reached the age of twelve. |
| |
(3) | The second requirement is that the offence to which the extradition |
| |
proceedings relate, or one or more of those offences, is an imprisonable offence. |
| |
(4) | The third requirement is that— |
| |
(a) | the conduct constituting the offence to which the extradition |
| 25 |
proceedings relate, or one or more of those offences, would, if |
| |
committed in the United Kingdom, constitute a violent or sexual |
| |
offence or an offence punishable in the case of an adult with |
| |
imprisonment for a term of 14 years of more, or |
| |
(b) | the offence or offences to which the extradition proceedings relate, |
| 30 |
together with any other imprisonable offences of which the child has |
| |
been convicted, amount or would, if the child were convicted of that |
| |
offence or those offences, amount to a recent history of committing |
| |
imprisonable offences while on bail or subject to a custodial remand. |
| |
(5) | The fourth requirement is that the court is satisfied that the necessary provision |
| 35 |
for electronic monitoring can be made under arrangements currently available |
| |
in each local justice area which is a relevant area. |
| |
(6) | The fifth requirement is that a youth offending team has informed the court |
| |
that, in its opinion, the imposition of an electronic monitoring condition will be |
| |
suitable in the child’s case. |
| 40 |
(7) | For the purposes of this section, a local justice 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. |
| |
(8) | References in this Chapter to an imprisonable offence, in relation to an offence |
| 45 |
with which a child has been charged or of which a child has been convicted |
| |
|
| |
|
| |
|
outside the United Kingdom, are to an offence equivalent to an offence that is |
| |
punishable with imprisonment in the United Kingdom. |
| |
(9) | References in this Chapter to a child being subject to a custodial remand are to |
| |
| |
(a) | remanded to local authority accommodation or youth detention |
| 5 |
| |
(b) | subject to a form of custodial detention in a country outside the United |
| |
Kingdom while awaiting trial or sentence in that country or during a |
| |
| |
(10) | The reference in subsection (9) to a child being remanded to local authority |
| 10 |
accommodation or youth detention accommodation includes a child being |
| |
remanded to local authority accommodation under section 23 of the Children |
| |
and Young Persons Act 1969. |
| |
79 | Further provisions about electronic monitoring |
| |
(1) | Where a court imposes an electronic monitoring condition, the condition must |
| 15 |
include provision making a person responsible for the monitoring. |
| |
(2) | A person who is made responsible by virtue of subsection (1) must be of a |
| |
description specified in an order made by the Secretary of State. |
| |
(3) | The Secretary of State may make rules for regulating— |
| |
(a) | the electronic monitoring of compliance with conditions imposed |
| 20 |
| |
(b) | in particular, the functions of persons made responsible by virtue of |
| |
subsection (1) of this section. |
| |
(4) | Rules under this section may make different provision for different cases. |
| |
(5) | Any power of the Secretary of State to make an order or rules under this section |
| 25 |
is exercisable by statutory instrument. |
| |
(6) | A statutory instrument containing rules under this section is subject to |
| |
annulment in pursuance of a resolution of either House of Parliament. |
| |
80 | Liability to arrest for breaking conditions of remand |
| |
(1) | A child may be arrested without warrant by a constable if— |
| 30 |
(a) | the child has been remanded to local authority accommodation, |
| |
(b) | conditions under section 76 have been imposed in respect of the child, |
| |
| |
(c) | the constable has reasonable grounds for suspecting that the child has |
| |
broken any of those conditions. |
| 35 |
(2) | Subject to subsection (3), a child arrested under subsection (1) must be brought |
| |
before a justice of the peace— |
| |
(a) | as soon as practicable, and |
| |
(b) | in any event within the period of 24 hours beginning with the child’s |
| |
| 40 |
(3) | If the child was arrested during the period of 24 hours ending with the time |
| |
appointed for the child to appear before the court in pursuance of the remand, |
| |
|
| |
|
| |
|
the child must be brought before the court before which the child was to have |
| |
| |
(4) | In reckoning a period of 24 hours for the purposes of subsection (2) or (3), no |
| |
account is to be taken of Christmas Day, Good Friday or any Sunday. |
| |
(5) | If a justice of the peace before whom a child is brought under subsection (2) is |
| 5 |
of the opinion that the child has broken any condition imposed in respect of the |
| |
child under section 76, the justice of the peace must remand the child. |
| |
(6) | Section 74 applies to a child in relation to whom subsection (5) applies as if— |
| |
(a) | except in a case within paragraph (b), the child was then charged with |
| |
or convicted of the offence for which the child had been remanded, or |
| 10 |
(b) | in the case of a child remanded in connection with extradition |
| |
proceedings, the child was then appearing before the justice of the |
| |
peace in connection with those proceedings. |
| |
(7) | If a justice of the peace before whom a child is brought under subsection (2) is |
| |
not of the opinion mentioned in subsection (5), the justice of the peace must |
| 15 |
remand the child to the place to which the child had been remanded at the time |
| |
of the child’s arrest subject to the same conditions as those which had been |
| |
imposed on the child at that time. |
| |
Remands to youth detention accommodation |
| |
81 | First set of conditions for a remand to youth detention accommodation |
| 20 |
(1) | For the purposes of section 74(4)(a), the first set of conditions for a remand to |
| |
youth detention accommodation is met in relation to a child if each of the |
| |
following is met in relation to the child— |
| |
(a) | the age condition (see subsection (2)), |
| |
(b) | the offence condition (see subsection (3)), |
| 25 |
(c) | the necessity condition (see subsection (4)), and |
| |
(d) | the first or second legal representation condition (see subsections (5) |
| |
| |
(2) | The age condition is that the child has reached the age of twelve. |
| |
(3) | The offence condition is that the offence mentioned in section 74(1), or one or |
| 30 |
| |
(a) | is a violent or sexual offence, or |
| |
(b) | is an offence punishable in the case of an adult with imprisonment for |
| |
a term of 14 years of more. |
| |
(4) | The necessity condition is that the court is of the opinion, after considering all |
| 35 |
the options for the remand of the child, that only remanding the child to youth |
| |
detention accommodation would be adequate— |
| |
(a) | to protect the public from death or serious personal injury (whether |
| |
physical or psychological) occasioned by further offences committed |
| |
| 40 |
(b) | to prevent the commission by the child of imprisonable offences. |
| |
(5) | The first legal representation condition is that the child is legally represented |
| |
| |
|
| |
|