Session 2010 - 12
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Legal Aid, Sentencing and Punishment of Offenders Bill


Legal Aid, Sentencing and Punishment of Offenders Bill
Part 3 — Sentencing and Punishment of Offenders
Chapter 3 — Remands of children otherwise than on bail

53

 

(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

imprisonment),

(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

133(2)”, and

(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,

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omit paragraph 154 of Schedule 13 to the Tribunals, Courts and Enforcement

Act 2007.

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

(a)   

sections 181 to 188;

(b)   

Schedules 10 and 11.

(2)   

Schedule 9 (amendments consequential on subsection (1)) has effect.

Chapter 2

Bail

30

73      

Amendment of bail enactments

Schedule 10 (amendment of enactments relating to bail) has effect.

Chapter 3

Remands of children otherwise than on bail

Remands

35

74      

Remands of children otherwise than on bail

(1)   

This section applies where—

 
 

Legal Aid, Sentencing and Punishment of Offenders Bill
Part 3 — Sentencing and Punishment of Offenders
Chapter 3 — Remands of children otherwise than on bail

54

 

(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

and

(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—

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(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

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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

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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.

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(3)   

That authority must be—

(a)   

in the case of a child 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 the child habitually resides or the offence or one of the

40

offences was committed.

(4)   

The designated authority must—

(a)   

receive the child, and

 
 

Legal Aid, Sentencing and Punishment of Offenders Bill
Part 3 — Sentencing and Punishment of Offenders
Chapter 3 — Remands of children otherwise than on bail

55

 

(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

1989.

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,

or

(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

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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

named person.

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(4)   

A court may only impose a condition under subsection (1) or (2), or a

requirement under subsection (3), after consultation with the designated

authority.

(5)   

Where a child has been remanded to local authority accommodation, a relevant

court—

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(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

accommodation, and

(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

conditions so imposed—

(a)   

must explain to the child in open court and in ordinary language why

it is imposing or varying those conditions, and

 
 

Legal Aid, Sentencing and Punishment of Offenders Bill
Part 3 — Sentencing and Punishment of Offenders
Chapter 3 — Remands of children otherwise than on bail

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(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

in the register.

(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

proceedings), means—

(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—

(i)   

on bail,

(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.

(8)   

In this Chapter—

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Legal Aid, Sentencing and Punishment of Offenders Bill
Part 3 — Sentencing and Punishment of Offenders
Chapter 3 — Remands of children otherwise than on bail

57

 

“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

adult with imprisonment;

“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

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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

 
 

Legal Aid, Sentencing and Punishment of Offenders Bill
Part 3 — Sentencing and Punishment of Offenders
Chapter 3 — Remands of children otherwise than on bail

58

 

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

the child being—

(a)   

remanded to local authority accommodation or youth detention

5

accommodation, or

(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

trial in that country.

(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

under section 76(1), and

(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,

and

(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

arrest.

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,

 
 

Legal Aid, Sentencing and Punishment of Offenders Bill
Part 3 — Sentencing and Punishment of Offenders
Chapter 3 — Remands of children otherwise than on bail

59

 

the child must be brought before the court before which the child was to have

appeared.

(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)

and (6)).

(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

more of those offences—

(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

by the child, or

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

before the court.

 
 

 
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Revised 21 June 2011