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| Schedule 11, page 170, line 18, at end insert— |
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| | |
| | | In section 43(1) of the Prison Act 1952 (power of Secretary of State to provide |
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| | young offender institutions, secure training centres etc), at the end of |
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| | paragraph (d) insert “and in which children who have been remanded to youth |
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| | detention accommodation under section 74(4) of the Legal Aid, Sentencing |
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| | and Punishment of Offenders Act 2011 may be detained”.’. |
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| Schedule 11, page 172, line 10, at end insert— |
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| | ‘Child Abduction Act 1984 (c. 37) |
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| | | The Child Abduction Act 1984 is amended as follows. |
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| | | In section 1(8) (offence of child abduction: modifications in relation to |
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| | children remanded to local authority accommodation etc), for “to a local |
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| | authority accommodation” substitute “otherwise than on bail”. |
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| | | In paragraph 2 of the Schedule (modifications of section 1 in case of children |
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| | in places of safety etc)— |
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| | (a) | in sub-paragraph (1), in paragraph (b) omit “section 23 of the Children |
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| | and Young Persons Act 1969,”, |
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| | (b) | in that sub-paragraph, at the end of paragraph (ba) insert “; or |
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| | (bb) | remanded to local authority accommodation or |
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| | youth detention accommodation under section 74 |
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| | of the Legal Aid, Sentencing and Punishment of |
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| | Offenders Act 2011.”, and |
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| | (c) | in sub-paragraph (2)(a), after “place of safety” insert “, local authority |
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| | accommodation or youth detention accommodation”. |
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| | Police and Criminal Evidence Act 1984 (c. 60) |
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| | | In section 17(1)(ca) of the Police and Criminal Evidence Act 1984 (powers of |
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| | entry and search of premises for purpose of arresting child or young person |
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| | remanded to local authority accommodation), for the words from “or |
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| | committed” to “that Act” substitute “to local authority accommodation or |
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| | youth detention accommodation under section 74 of the Legal Aid, Sentencing |
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| | and Punishment of Offenders Act 2011”. |
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| | Prosecution of Offences Act 1985 (c. 23) |
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| | | In section 22(11) of the Prosecution of Offences Act 1985 (time limits in |
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| | relation to preliminary stages of criminal proceedings: interpretation), in the |
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| | definition of “custody” for the words from “to which” to “Act 1969” substitute |
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| | “or youth detention accommodation to which a person is remanded under |
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| | section 74 of the Legal Aid, Sentencing and Punishment of Offenders Act |
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| Schedule 11, page 172, line 26, at end insert— |
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| | ‘Bail (Amendment) Act 1993 (c. 26) |
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| | | In section 1(10) of the Bail (Amendment) Act 1993 (prosecution right of |
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| | appeal against grant of bail: application to children and young persons)— |
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| | (a) | for the words from “child” to “Act 1969)” substitute “person under the |
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| | (b) | in paragraph (b) for the words from “section 23” to “accommodation” |
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| | substitute “Chapter 3 of Part 3 of the Legal Aid, Sentencing and |
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| | Punishment of Offenders Act 2011 (remands of children otherwise |
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| Schedule 11, page 172, line 26, at end insert— |
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| | ‘( ) | In section 92(3) (application of prisoner escort provisions to persons remanded |
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| | etc under section 23 of the Children and Young Persons Act 1969)— |
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| | (a) | in paragraph (a), for the words from “or committed” to “1969 Act” |
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| | substitute “to local authority accommodation or youth detention |
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| | accommodation under section 74 of the Legal Aid, Sentencing and |
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| | Punishment of Offenders Act 2011”, and |
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| | (b) | in paragraph (b), for “such accommodation” substitute |
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| | “accommodation in which a person is or is to be accommodated |
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| | pursuant to such a remand”.’. |
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| Schedule 11, page 172, line 32, at end insert— |
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| | ‘( ) | In section 38(4)(d) (definition of “youth justice services”: placements pursuant |
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| | to remands to local authority accommodation) for the words from “or |
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| | committed” to “1969 Act”)” substitute “to such accommodation under section |
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| | 74(3) of the Legal Aid, Sentencing and Punishment of Offenders Act 2011”.’. |
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| Schedule 11, page 172, line 34, after ‘omit’ insert ‘— |
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| | (a) | paragraph (i)(iii) (agreements for the provision of accommodation for |
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| | detention under section 23(4)(c) of the Children and Young Persons |
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| | Act 1969 as modified by section 98 of the Crime and Disorder Act |
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| Schedule 11, page 172, line 35, at end insert— |
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| | ‘( ) | In section 57A(3) (use of live link for accused’s attendance at preliminary or |
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| | sentencing hearing: interpretation), in paragraph (a) of the definition of |
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| | “custody”, for the words from “to which” to “Act 1969” substitute “or youth |
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| | detention accommodation to which a person is remanded under section 74 of |
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| | the Legal Aid, Sentencing and Punishment of Offenders Act 2011”.’. |
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| Schedule 11, page 173, line 3, after ‘paragraphs’ insert ‘4,’. |
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| Schedule 11, page 173, line 15, leave out ‘paragraph’ and insert ‘paragraphs 93(b) |
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| Schedule 11, page 173, line 32, at end insert— |
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| | ‘ | The Criminal Justice Act 2003 is amended as follows. |
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| | | In section 242 (interpretation of provisions about crediting periods of remand |
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| | |
| | (a) | in subsection (2)(b), for the words from “or committed” to “that |
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| | section” substitute “to youth detention accommodation under section |
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| | 74(4) of the Legal Aid, Sentencing and Punishment of Offenders Act |
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| | (b) | omit subsection (3).’. |
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| Schedule 11, page 173, line 33, leave out ‘to the Criminal Justice Act 2003’. |
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| Schedule 11, page 174, line 15, at end insert— |
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| | ‘Policing and Crime Act 2009 (c. 26) |
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| | | In paragraph 14(3) of Schedule 5A to the Policing and Crime Act 2009 |
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| | (detention order for breach of injunction: meaning of youth detention |
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| | accommodation) for paragraph (c) substitute— |
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| | “(c) | a secure children’s home, as defined by section 85(10) of |
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| | the Legal Aid, Sentencing and Punishment of Offenders |
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| Clause 89, page 66, line 12, leave out ‘to receive the child’ and insert ‘as the |
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| designated authority for the child’. |
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| Clause 89, page 66, line 40, at end insert— |
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| | ‘( ) | In this Chapter, references to a child who is looked after by a local authority are |
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| | to be construed in accordance with section 22 of the Children Act 1989.’. |
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| Clause 91, page 68, leave out lines 45 and 46 and insert— |
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| | ‘( ) | subject to any requirement imposed for the purpose of securing |
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| | the electronic monitoring of the offender’s compliance with a |
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| Clause 91, page 69, line 29, after ‘subsection (12)’ insert ‘— |
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| | ( ) | before the definition of “electronic monitoring condition” |
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| | |
| | ““curfew requirement” means a requirement (however described) |
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| | to remain at one or more specified places for a specified number |
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| | of hours in any given day, provided that the requirement is |
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| | imposed by a court or the Secretary of State and arises as a result |
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| Clause 92, page 70, line 3, leave out ‘“section 240 or 240A” substitute “section |
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| 240A”’ and insert ‘“a direction under section 240 or 240A includes a direction under” |
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| substitute “section 240ZA includes”’. |
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| Clause 92, page 70, line 19, leave out ‘“section 240” substitute “section 240A”’ |
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| and insert ‘“a direction under section 240 includes a direction under” substitute “section |
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| Clause 92, page 70, line 19, at end insert— |
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| | ‘( ) | In section 269 (determination of minimum term in relation to mandatory life |
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| | (a) | in subsection (3)(b), for the words from “any direction which it would |
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| | have given” to “certain types of condition)” substitute “section 240ZA |
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| | (crediting periods of remand in custody) or of any direction which it |
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| | would have given under section 240A (crediting periods of remand on |
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| | (b) | after that subsection insert— |
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| | “(3A) | The reference in subsection (3)(b) to section 240ZA includes |
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| | section 246 of the Armed Forces Act 2006 (crediting periods in |
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| Clause 92, page 70, line 22, at end insert— |
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| | ‘( ) | Schedule (Crediting of time in custody: Armed Forces amendments) (crediting of |
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| | time in custody: Armed Forces amendments) has effect.’. |
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| Clause 92, page 70, line 26, at end insert ‘and (3)’. |
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| Clause 93, page 70, line 37, leave out section (2) and insert— |
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| | ‘(2) | A person sentenced to more than four months but less than 12 months shall be |
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| | supervised by the Probation Service on their release following their requisite |
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| | custodial period until the full sentence has expired.’. |
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| Clause 97, page 76, leave out lines 16 to 18 and insert— |
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| | “specified Class A drug” has the same meaning as in Part 3 of the Criminal |
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| | Justice and Court Services Act 2000; |
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| | (a) | has the same meaning as in that Part, unless paragraph (b) |
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| | (b) | if the offender’s term of detention was imposed for an offence |
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| | under section 42 of the Armed Forces Act 2006 (criminal |
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| | conduct), means such an offence as respects which the |
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| | corresponding offence under the law of England and Wales is a |
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| | trigger offence within the meaning of that Part.’. |
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| Clause 98, page 77, line 30, at end insert— |
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| | ‘( ) | In section 263(2)(b) (concurrent terms: authority to release), for “section 244” |
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| | substitute “section 246”. |
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| |
| |
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| | ( ) | In section 263(2)(c) (concurrent terms: licence period), for the words from “for |
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| | so long, and subject to such conditions, as is” substitute “— |
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| | (i) | until the last date on which the offender is required to be |
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| | on licence in respect of any of the terms, and |
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| | (ii) | subject to such conditions as are”.’. |
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| Clause 98, page 77, line 30, at end add— |
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| | ‘(6) | After s.254 of the Criminal Justice Act 2003 insert— |
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| | “s.244A | Duty to Cooperate |
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| | The Secretary of State must make arrangements to promote co-operation |
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| | (a) | the local authority where the prisoner will reside; |
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| | (b) | each of that local authority’s partner authorities; and |
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| | (c) | such other persons or bodies as the Secretary of State thinks fit. |
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| | (2) | The arrangements are to be made with a view to reducing reoffending and |
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| | managing the prisoner’s transition from prison into the community. |
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| | (3) | Each partner authority must co-operate with the responsible local |
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| | authority in the making of arrangements under this section. |
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| | (4) | The responsible local authority and each partner authority must, in |
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| | exercising their functions under this section, have regard to any guidance |
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| | given to them for the purpose by the Secretary of State. |
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| | (5) | A responsible local authority and any partner authority may for the |
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| | purposes of arrangements under this section provide staff, goods, |
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| | services, accommodation or other resources. |
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| | s.244B | Definition of Partner Authority |
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| | (1) | For the purposes of this Part, each of the following is a partner authority |
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| | in relation to a responsible local authority— |
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| | (a) | any district council which is not a responsible local authority; |
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| | (c) | a chief officer of police; |
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| | (d) | a Strategic Health Authority; |
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| | (e) | a Primary Care Trust; |
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| | (f) | a youth offending team established under section 39 of the Crime |
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| | (h) | a Department of State. |
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| | (2) | the Secretary of State may by order specify other Partner Authorities.”.’. |
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| Clause 98, page 77, line 30, at end add—
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| ‘After section 244 of the Criminal Justice Act 2003 insert— |
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| | “s.244C | Discharge grants for certain offenders |
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| | (4) | A prisoner with an infant formerly held in a prison mother and baby unit shall on |
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| | release from prison be entitled to a discharge grant of £96; |
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| | (5) | The Secretary of State may by order amend this sum if it appears to the Secretary |
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| | of State that there has been a change in the value of money”.’. |
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| Clause 100, page 78, line 24, at end insert— |
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| | ‘( ) | The Secretary of State shall take all reasonable steps to inform the prisoner in |
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| | writing in his own language of the effect of an order for the prisoner’s removal |
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| | made pursuant to this section.’. |
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| Clause 100, page 78, line 36, at end insert— |
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| | ‘( ) | The Secretary of State shall have a duty to notify the appropriate authority of that |
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| | country or territory to which the prisoner is being returned of— |
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| | (a) | the offences for which the prisoner was convicted; |
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| | (b) | the length of sentence the prisoner has served.’. |
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| Clause 100, page 78, line 40, at end add— |
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| | ‘(6) | The Secretary of State shall not exercise his power under subsection (3) unless he |
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| | makes a declaration that any offender repatriated under this section is not at risk |
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| | of torture or persecution. |
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| | (7) | A declaration must be in writing and be published in such a manner as the |
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| | Secretary of State considers appropriate.’. |
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| Clause 100, page 78, line 40, at end insert— |
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| | ‘( ) | The Secretary of State shall have a duty to consider the impact of a removal under |
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| | subsection (3) on any child of the prisoner liable to removal. |
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| | ( ) | In exercise of this duty the Secretary of State shall make a declaration that in his |
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| | opinion any rights of the child under the United Nations Convention on the Rights |
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| | of the Child are not infringed. |
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| | ( ) | A declaration must be in writing and be published in such a manner as the |
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| | Secretary of State considers appropriate.’. |
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