|
| |
|
(6) | The second legal representation condition is that the child is not legally |
| |
represented before the court and— |
| |
(a) | representation was provided to the child under Part 1 of this Act for the |
| |
purposes of the proceedings, but was withdrawn— |
| |
(i) | because of the child’s conduct, or |
| 5 |
(ii) | because it appeared that the child’s financial resources were |
| |
such that the child was not eligible for such representation, |
| |
(b) | the child applied for such representation and the application was |
| |
refused because it appeared that the child’s financial resources were |
| |
such that the child was not eligible for such representation, or |
| 10 |
(c) | having been informed of the right to apply for such representation and |
| |
having had the opportunity to do so, the child refused or failed to |
| |
| |
82 | Second set of conditions for a remand to youth detention accommodation |
| |
(1) | For the purposes of section 74(4)(a), the second set of conditions for a remand |
| 15 |
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 sentencing condition (see subsection (3)), |
| |
(c) | the offence condition (see subsection (4)), |
| 20 |
(d) | the first or second history condition or both (see subsections (5) and |
| |
| |
(e) | the necessity condition (see subsection (7)), and |
| |
(f) | the first or second legal representation condition (see subsections (8) |
| |
| 25 |
(2) | The age condition is that the child has reached the age of twelve. |
| |
(3) | The sentencing condition is that it appears to the court that there is a real |
| |
prospect that the child will be sentenced to a custodial sentence for the offence |
| |
mentioned in section 74(1) or one or more of those offences. |
| |
(4) | The offence condition is that the offence mentioned in section 74(1), or one or |
| 30 |
more of those offences, is an imprisonable offence. |
| |
(5) | The first history condition is that— |
| |
(a) | the child has a recent history of absconding while remanded to local |
| |
authority accommodation or youth detention accommodation, and |
| |
(b) | the offence mentioned in section 74(1), or one or more of those offences, |
| 35 |
is alleged to be or has been found to have been committed while the |
| |
child was remanded to local authority accommodation or youth |
| |
| |
(6) | The second history condition is that the offence or offences mentioned in |
| |
section 74(1), together with any other imprisonable offences of which the child |
| 40 |
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 imprisonable offences while— |
| |
| |
(b) | remanded to local authority accommodation, or |
| 45 |
(c) | remanded to youth detention accommodation. |
| |
|
| |
|
| |
|
(7) | The necessity condition is that the court is of the opinion, after considering all |
| |
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 |
| 5 |
| |
(b) | to prevent the commission by the child of imprisonable offences. |
| |
(8) | The first legal representation condition is that the child is legally represented |
| |
| |
(9) | The second legal representation condition is that the child is not legally |
| 10 |
represented before the court and— |
| |
(a) | representation was provided to the child under Part 1 of this Act for the |
| |
purposes of the proceedings, but was withdrawn— |
| |
(i) | because of the child’s conduct, or |
| |
(ii) | because it appeared that the child’s financial resources were |
| 15 |
such that the child was not eligible for such representation, |
| |
(b) | the child applied for such representation and the application was |
| |
refused because it appeared that the child’s financial resources were |
| |
such that the child was not eligible for such representation, or |
| |
(c) | having been informed of the right to apply for such representation and |
| 20 |
having had the opportunity to do so, the child refused or failed to |
| |
| |
(10) | In this Chapter “custodial sentence” means a sentence under— |
| |
(a) | section 90 of the Powers of Criminal Courts (Sentencing) Act 2000 |
| |
(detention during Her Majesty’s pleasure on conviction of murder), |
| 25 |
(b) | section 91 of that Act (detention for specified period on conviction of |
| |
certain serious offences), |
| |
(c) | section 100 of that Act (detention and training order), |
| |
(d) | section 226 of the Criminal Justice Act 2003 (detention for life or for |
| |
public protection for certain serious offences), or |
| 30 |
(e) | section 228 of that Act (extended sentence of detention for violent or |
| |
| |
(11) | References in this section to a child being remanded to local authority |
| |
accommodation or youth detention accommodation include a child being |
| |
remanded to local authority accommodation under section 23 of the Children |
| 35 |
and Young Persons Act 1969. |
| |
83 | First set of conditions for a remand to youth detention accommodation: |
| |
| |
(1) | For the purposes of section 74(4)(b), the first set of conditions for a remand to |
| |
youth detention accommodation in an extradition case is met in relation to a |
| 40 |
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)), |
| |
(c) | the necessity condition (see subsection (4)), and |
| |
(d) | the first or second legal representation condition (see subsections (5) |
| 45 |
| |
(2) | The age condition is that the child has reached the age of twelve. |
| |
|
| |
|
| |
|
(3) | The offence condition is that the conduct constituting the offence to which the |
| |
extradition proceedings relate, or one or more of those offences, would, if |
| |
committed in the United Kingdom, constitute— |
| |
(a) | a violent or sexual offence, or |
| |
(b) | an offence punishable in the case of an adult with imprisonment for a |
| 5 |
term of 14 years of more. |
| |
(4) | The necessity condition is that the court is of the opinion, after considering all |
| |
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 |
| 10 |
physical or psychological) occasioned by further offences committed |
| |
| |
(b) | to prevent the commission by the child of imprisonable offences. |
| |
(5) | The first legal representation condition is that the child is legally represented |
| |
| 15 |
(6) | The second legal representation condition is that the child is not legally |
| |
represented before the court and— |
| |
(a) | representation was provided to the child under Part 1 of this Act for the |
| |
purposes of the proceedings, but was withdrawn— |
| |
(i) | because of the child’s conduct, or |
| 20 |
(ii) | because it appeared that the child’s financial resources were |
| |
such that the child was not eligible for such representation, |
| |
(b) | the child applied for such representation and the application was |
| |
refused because it appeared that the child’s financial resources were |
| |
such that the child was not eligible for such representation, or |
| 25 |
(c) | having been informed of the right to apply for such representation and |
| |
having had the opportunity to do so, the child refused or failed to |
| |
| |
84 | Second set of conditions for a remand to youth detention accommodation: |
| |
| 30 |
(1) | For the purposes of section 74(4)(b), the second set of conditions for a remand |
| |
to youth detention accommodation in an extradition case 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 sentencing condition (see subsection (3)), |
| 35 |
(c) | the offence condition (see subsection (4)), |
| |
(d) | the first or second history condition or both (see subsections (5) and |
| |
| |
(e) | the necessity condition (see subsection (7)), and |
| |
(f) | the first or second legal representation condition (see subsections (8) |
| 40 |
| |
(2) | The age condition is that the child has reached the age of twelve. |
| |
(3) | The sentencing condition is that it appears to the court that, if the child were |
| |
convicted in the United Kingdom of an offence equivalent to the offence to |
| |
which the extradition proceedings relate or one or more those offences, there |
| 45 |
would be a real prospect that the child would be sentenced to a custodial |
| |
sentence for that offence or those offences. |
| |
|
| |
|
| |
|
(4) | The offence condition is that the offence to which the extradition proceedings |
| |
relate, or one or more those offences, is an imprisonable offence. |
| |
(5) | The first history condition is that— |
| |
(a) | the child has a recent history of absconding while subject to a custodial |
| |
| 5 |
(b) | the offence to which the extradition proceedings relate, or one or more |
| |
of those offences, is alleged to be or has been found to have been |
| |
committed while the child was subject to a custodial remand. |
| |
(6) | The second history condition is that the offence or offences to which the |
| |
extradition proceedings relate, together with any other imprisonable offences |
| 10 |
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 |
| |
| |
(7) | The necessity condition is that the court is of the opinion, after considering all |
| 15 |
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 |
| |
| 20 |
(b) | to prevent the commission by the child of imprisonable offences. |
| |
(8) | The first legal representation condition is that the child is legally represented |
| |
| |
(9) | The second legal representation condition is that the child is not legally |
| |
represented before the court and— |
| 25 |
(a) | representation was provided to the child under Part 1 of this Act for the |
| |
purposes of the proceedings, but was withdrawn— |
| |
(i) | because of the child’s conduct, or |
| |
(ii) | because it appeared that the child’s financial resources were |
| |
such that the child was not eligible for such representation, |
| 30 |
(b) | the child applied for such representation and the application was |
| |
refused because it appeared that the child’s financial resources were |
| |
such that the child was not eligible for such representation, or |
| |
(c) | having been informed of the right to apply for such representation and |
| |
having had the opportunity to do so, the child refused or failed to |
| 35 |
| |
85 | Remands to youth detention accommodation |
| |
(1) | A remand to youth detention accommodation is a remand to such one of the |
| |
kinds of accommodation listed in subsection (2) as the Secretary of State directs |
| |
| 40 |
(2) | Those kinds of accommodation are— |
| |
(a) | a secure children’s home, |
| |
(b) | a secure training centre, and |
| |
(c) | a young offender institution. |
| |
(3) | A child’s detention in one of those kinds of accommodation pursuant to a |
| 45 |
remand to youth detention accommodation is lawful. |
| |
|
| |
|
| |
|
(4) | Where a court remands a child to youth detention accommodation, the court |
| |
| |
(a) | state in open court that it is of the opinion mentioned in section 81(4), |
| |
82(7), 83(4) or 84(7) (as the case may be), and |
| |
(b) | explain to the child in open court and in ordinary language why it is of |
| 5 |
| |
(5) | A magistrates’ court must ensure a reason that it gives under subsection |
| |
| |
(a) | is specified in the warrant of commitment, and |
| |
(b) | is entered in the register. |
| 10 |
(6) | Where a court remands a child to youth detention accommodation, the court |
| |
must designate the local authority that is to receive the child. |
| |
(7) | That authority must be— |
| |
(a) | in the case of a child who is being looked after by a local authority, that |
| |
| 15 |
(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 |
| |
| |
(8) | Before giving a direction under subsection (1), the Secretary of State must |
| |
consult the designated authority. |
| 20 |
(9) | The designated authority must receive the child. |
| |
(10) | In this Chapter “secure children’s home” means— |
| |
(a) | accommodation in England which— |
| |
(i) | is provided in a children’s home, within the meaning of the |
| |
Care Standards Act 2000, in respect of which a person is |
| 25 |
registered under Part 2 of that Act, and |
| |
(ii) | is approved by the Secretary of State for the purpose of |
| |
restricting the liberty of children, or |
| |
(b) | accommodation in Wales which is provided in a children’s home, |
| |
within the meaning of the Care Standards Act 2000— |
| 30 |
(i) | which provides accommodation for the purposes of restricting |
| |
| |
(ii) | in respect of which a person is registered under Part 2 of that |
| |
| |
| 35 |
86 | Arrangements for remands |
| |
(1) | The Secretary of State may make arrangements for or in connection with the |
| |
accommodation in secure children’s homes of children remanded to youth detention |
| |
| |
(2) | The Secretary of State may by regulations make provision about the recovery |
| 40 |
from the designated authority by a person mentioned in subsection (3) of the |
| |
| |
(a) | a child being subject to a remand to youth detention accommodation; |
| |
|
| |
|
| |
|
(b) | the exercise of functions of the kind mentioned in paragraph 1(1)(a) to |
| |
(d) of Schedule 1 to the Criminal Justice and Public Order Act 1994 |
| |
(escort functions) in relation to a child subject to such a remand. |
| |
| |
(a) | the Secretary of State; |
| 5 |
(b) | a person other than the Secretary of State by whom the accommodation |
| |
pursuant to the remand to youth detention is provided or the functions |
| |
are exercised (as the case may be). |
| |
(4) | Regulations under this section may— |
| |
(a) | make different provision for different cases; |
| 10 |
(b) | include supplementary, incidental, transitional, transitory or saving |
| |
| |
(5) | Regulations under this section are to be made by statutory instrument. |
| |
(6) | A statutory instrument containing regulations under this section is subject to |
| |
annulment in pursuance of a resolution of either House of Parliament. |
| 15 |
(7) | The Secretary of State may make payments to a designated authority for the purpose of |
| |
| |
(a) | to exercise its functions under section 75(4) (duty to receive and accommodate |
| |
child remanded to local authority accommodation); |
| |
(b) | to exercise its functions under section 85(9) (duty to receive child remanded to |
| 20 |
youth detention accommodation); |
| |
(c) | to make payments pursuant to regulations under this section. |
| |
87 | Looked after child status |
| |
(1) | A child that is remanded to youth detention accommodation is to be treated as |
| |
a child that is looked after by the designated authority. |
| 25 |
(2) | The Secretary of State may by regulations provide for any Act or instrument |
| |
made under an Act that applies to a child looked after by a local authority to |
| |
apply with modifications, or not to apply, in relation to a child that is to be |
| |
treated as looked after by a designated authority by virtue of this Chapter. |
| |
(3) | Regulations under this section may— |
| 30 |
(a) | make different provision for different cases; |
| |
(b) | include supplementary, incidental, transitional, transitory or saving |
| |
| |
(4) | Regulations under this section are to be made by statutory instrument. |
| |
(5) | A statutory instrument containing regulations under this section is subject to |
| 35 |
annulment in pursuance of a resolution of either House of Parliament. |
| |
(6) | In this section “Act” includes an Act or Measure of the National Assembly for |
| |
| |
88 | Minor and consequential amendments |
| |
Schedule 11 (remands of children otherwise than on bail: minor and |
| 40 |
consequential amendments) has effect. |
| |
|
| |
|