references to the term of the period of supervision under section
104(3)(aa) above, and

(c) the reference in subsection (3D)(b) of that section to the period
of supervision under the detention and training order is to be
5read as including a reference to the period of supervision under
section 104(3)(aa) above.

(5) In the application of section 105 below by virtue of subsection (3)
above—

(a) paragraph (a) of subsection (1) of that section is to be read as if
10the words “after his release and” were omitted, and

(b) the reference in that paragraph to the date on which the term of
the detention and training order ends is to be read as a reference
to the date on which the period of supervision under section
104(3)(aa) ends.

104B 15  Interaction of orders under section 104(3)(a) with other sentences

(1) Where a court makes a detention and training order in the case of an
offender who is subject to a period of detention under section 104(3)(a)
above, the detention and training order takes effect—

(a) at the beginning of the day on which it is made, or

(b) 20if the court so orders, at the time when the period of detention
under section 104(3)(a) above ends.

(2) Where a court orders an offender who is subject to a detention and
training order to be subject to a period of detention under section
104(3)(a) above for a failure to comply with requirements under a
25different detention and training order, the period of detention takes
effect as follows—

(a) if the offender has been released by virtue of subsection (2), (3),
(4) or (5) of section 102 above, at the beginning of the day on
which the order for the period of detention is made, and

(b) 30if not, either as mentioned in paragraph (a) above or, if the court
so orders, at the time when the offender would otherwise be
released by virtue of subsection (2), (3), (4) or (5) of section 102
above.

(3) Subject to subsection (4) below, where at any time an offender is subject
35concurrently—

(a) to a detention and training order, and

(b) to a period of detention under section 104(3)(a) above,

the offender is to be treated for the purposes of sections 102 to 105 of
this Act as if the offender were subject only to the detention and
40training order.

(4) Nothing in subsection (3) above requires the offender to be released in
respect of either the order or the period of detention unless and until
the offender is required to be released in respect of each of them.

(5) The Secretary of State may by regulations make provision about the
45interaction between a period of detention under section 104(3)(a) above
and a custodial sentence in a case where—

(a) an offender who is subject to such a period of detention
becomes subject to a custodial sentence, or

(b) an offender who is subject to a custodial sentence becomes
subject to such a period of detention.

(6) The provision that may be made by regulations under subsection (5)
above includes—

(a) 5provision as to the time at which the period of detention under
section 104(3)(a) above or the custodial sentence is to take effect;

(b) provision for the offender to be treated, for the purposes of the
enactments specified in the regulations, as subject only to the
period of detention or the custodial sentence;

(c) 10provision about the effect of enactments relating to the person’s
release from detention or imprisonment in a case where that
release is not to take effect immediately by virtue of provision
in the regulations.

(7) The power of the Secretary of State to make regulations under
15subsection (5) above—

(a) is exercisable by statutory instrument;

(b) includes power to make supplementary, incidental,
transitional, transitory or saving provision.

(8) A statutory instrument containing regulations under subsection (5)
20above is subject to annulment in pursuance of a resolution of either
House of Parliament.”

(8) Before the coming into force of section 61 of the Criminal Justice and Court
Services Act 2000 (abolition of sentence of detention in a young offender
institution) section 104(4A) of the Powers of Criminal Courts (Sentencing) Act
252000 has effect as if it referred to a person who has attained the age of 21.

(9) In section 213 of the Armed Forces Act 2006 (application of provisions relating
to civilian detention and training orders to orders under section 211 of that
Act)—

(a) in subsection (2), after “(13)” insert “, 104B(1)”,

(b) 30after subsection (3) insert—

“(4) Subsection (5) applies where an order under section 104(3)
(further period of detention or supervision) of the Sentencing
Act is made against an offender for breach of supervision
requirements—

(a) 35during a period of supervision under an order under
section 211 of this Act,

(b) during a further period of supervision imposed for
breach of supervision requirements during a period
within paragraph (a), or

(c) 40during one of a series of further periods of
supervision—

(i) each of which apart from the first was imposed
for breach of supervision requirements during
the previous further period of supervision, and

(ii) 45the first of which was imposed for breach of
supervision requirements during a period
within paragraph (a).

(5) In the application of sections 104A and 104B of the Sentencing
Act in relation to the offender, references to section 105 of that
Act include section 214 of this Act.

(6) In subsection (4)—

• 5“further period of supervision” means a period of
  supervision imposed under section 104(3)(aa) of the
  Sentencing Act;

• “supervision requirements” means requirements under
  section 103(6)(b) of that Act.

(7) 10In section 104B of the Sentencing Act, references to a custodial
sentence within the meaning of that Act include a custodial
sentence within the meaning of this Act.”

(10) In Schedule 3 to the Armed Forces Act 2011 (minor amendments of service
legislation), in paragraph 18(b) (amendment to section 213(2) of the Armed
15Forces Act 2006) for “after “(13)”” substitute “before “and 106A””.

(11) The amendments made by this section apply in relation to a failure to comply
with requirements under section 103(6)(b) of the Powers of Criminal Courts
(Sentencing) Act 2000 that occurs after this section comes into force.

(12) Where a failure is found to have occurred over two or more days, it is to be
20taken for the purposes of subsection (11) to have occurred on the first of those
days.

68 Youth rehabilitation order: curfew requirement

(1) Paragraph 14 of Schedule 1 to the Criminal Justice and Immigration Act 2008
(youth rehabilitation order: curfew requirement) is amended as follows.

(2) 25In sub-paragraph (2) (order may not specify curfew period of more than 12
hours) for “12” substitute “16”.

(3) In sub-paragraph (3) (order may not specify curfew periods outside period of
6 months from making of order) for “6” substitute “12”.

69 Youth rehabilitation order: mental health treatment requirement

(1) 30Paragraph 20 of Schedule 1 to the Criminal Justice and Immigration Act 2008
(youth rehabilitation order: mental health treatment requirement) is amended
as follows.

(2) In sub-paragraph (3)(a) (requirement for court to be satisfied as to offender’s
mental condition on evidence of registered medical practitioner)—

(a) 35omit the words from “, on the evidence” to “1983 (c. 20)1983 (c. 20),”, and

(b) in sub-paragraph (ii), for “that Act” substitute “the Mental Health Act
1983”.

(3) Omit sub-paragraph (5) (application of section 54(2) and (3) of the Mental
Health Act 1983 to proof of offender’s mental condition).

70 40Youth rehabilitation order: duration

(1) In Schedule 1 to the Criminal Justice and Immigration Act 2008 (further
provisions about youth rehabilitation orders), in paragraph 32 (requirement

for order to specify date by which requirements must have been complied
with)—

(a) in sub-paragraph (1), after the first “date” insert “(“the end date”)”,

(b) for sub-paragraph (2) substitute—

“(2) 5If a youth rehabilitation order imposes two or more different
requirements falling within Part 2 of this Schedule, the order
may also specify a date by which each of those requirements
must have been complied with; and the last of those dates
must be the same as the end date.”

(c) 10after sub-paragraph (3) insert—

“(4) Subject to paragraph 10(7) (duration of youth rehabilitation
order imposing unpaid work requirement), a youth
rehabilitation order ceases to be in force on the end date.”

(2) In Schedule 2 to that Act (breach, revocation or amendment of youth
15rehabilitation order), in paragraph 6 (powers of magistrates’ court in case of
breach of order)—

(a) in sub-paragraph (6), at the beginning insert “Subject to sub-paragraph
(6A),”, and

(b) after that sub-paragraph insert—

“(6A) 20When imposing a requirement under sub-paragraph (2)(b),
the court may amend the order to substitute a later date for
that specified under paragraph 32(1) of Schedule 1.

(6B) A date substituted under sub-paragraph (6A)—

(a) may not fall outside the period of six months
25beginning with the date previously specified under
paragraph 32(1) of Schedule 1;

(b) subject to that, may fall more than three years after the
date on which the order took effect.

(6C) The power under sub-paragraph (6A) may not be exercised
30in relation to an order if that power or the power in
paragraph 8(6A) has previously been exercised in relation to
that order.

(6D) A date substituted under sub-paragraph (6A) is to be treated
as having been specified in relation to the order under
35paragraph 32(1) of Schedule 1.”

(3) In that Schedule, in paragraph 8 (powers of Crown Court in case of breach of
order)—

(a) in sub-paragraph (6), at the beginning insert “Subject to sub-paragraph
(6A),”, and

(b) 40after that sub-paragraph insert—

“(6A) When imposing a requirement under sub-paragraph (2)(b),
the Crown Court may amend the order to substitute a later
date for that specified under paragraph 32(1) of Schedule 1.

(6B) A date substituted under sub-paragraph (6A)—

(a) 45may not fall outside the period of six months
beginning with the date previously specified under
paragraph 32(1) of Schedule 1;

(b) subject to that, may fall more than three years after the
date on which the order took effect.

(6C) The power under sub-paragraph (6A) may not be exercised
in relation to an order if that power or the power in
5paragraph 6(6A) has previously been exercised in relation to
that order.

(6D) A date substituted under sub-paragraph (6A) is to be treated
as having been specified in relation to the order under
paragraph 32(1) of Schedule 1.”

(4) 10In that Schedule, in paragraph 16(1) (exercise of powers to amend order:
further provision), at the beginning insert “Subject to paragraph 16A,”.

(5) After that paragraph insert—

“Extension of order

16A (1) The appropriate court may, on the application of the offender or the
15responsible officer, amend a youth rehabilitation order by
substituting a later date for that specified under paragraph 32(1) of
Schedule 1.

(2) A date substituted under sub-paragraph (1)—

(a) may not fall outside the period of six months beginning with
20the date previously specified under paragraph 32(1) of
Schedule 1;

(b) subject to that, may fall more than three years after the date
on which the order took effect.

(3) The power under sub-paragraph (1) may not be exercised in relation
25to an order if it has previously been exercised in relation to that
order.

(4) A date substituted under sub-paragraph (1) is to be treated as having
been specified in relation to the order under paragraph 32(1) of
Schedule 1.

(5) 30In this paragraph “the appropriate court” means—

(a) if the order was made by a youth court or other magistrates’
court, or was made by the Crown Court and contains a
direction under paragraph 36 of Schedule 1, the court
determined under sub-paragraph (6), and

(b) 35if the order was made by the Crown Court and does not
contain a direction under paragraph 36 of Schedule 1, the
Crown Court.

(6) The court referred to in sub-paragraph (5)(a) is—

(a) if the offender is aged under 18 when the application is made,
40a youth court acting in the local justice area specified in the
youth rehabilitation order, and

(b) if the offender is aged 18 or over at that time, a magistrates’
court (other than a youth court) acting in that local justice
area.”

71 Youth rehabilitation order: fine for breach

(1) Schedule 2 to the Criminal Justice and Immigration Act 2008 (breach of
requirement of youth rehabilitation order) is amended as follows.

(2) In paragraph 6 (powers of magistrates’ court in case of breach), in sub-
5paragraph (2)(a), for sub-paragraphs (i) and (ii) substitute “£2,500”.

(3) In paragraph 8 (powers of Crown Court in case of breach), in sub-paragraph
(2)(a), for sub-paragraphs (i) and (ii) substitute “£2,500”.

(4) In paragraph 10 (power to amend amounts of fine)—

(a) in sub-paragraph (1) omit “(i) or (ii)” in both places, and

(b) 10in sub-paragraph (3)—

(i) in paragraph (a) omit “(i) or (ii)” in both places, and

(ii) in paragraph (b), for “this Act was passed” substitute “section
71 of the Legal Aid, Sentencing and Punishment of Offenders
Act 2011 came into force”.

15Repeal of uncommenced provisions

72 Custody plus orders and intermittent custody orders

(1) In the Criminal Justice Act 2003, omit the following provisions (custody plus
and intermittent custody)—

(a) sections 181 to 188;

(b) 20Schedules 10 and 11.

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

CHAPTER 2 Bail

73 Amendment of bail enactments

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

CHAPTER 3 25Remands of children otherwise than on bail

Remands

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
30offences 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,
and

(b) the child is not released on bail.

(3) Subject to subsection (4), the court must remand the child to local authority
5accommodation in accordance with section 75.

(4) The court may instead remand the child to youth detention accommodation in
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
10relation to the child, or

(b) in the case of a child remanded under subsection (2), the first or second
set of conditions for such a remand in an extradition case (see sections
83 and 84) is met in relation to the child.

(5) This section is subject to section 128(7) of the Magistrates’ Courts Act 1980
15(remands to police detention for periods of not more than 3 days); but that
provision has effect in relation to a child as if for the reference to 3 clear days
there were substituted a reference to 24 hours.

(6) In this Chapter, “child” means a person under the age of 18.

(7) References in this Chapter (other than in relation to extradition proceedings) to
20the remand of a child include a reference to—

(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.

(8) Before the insertion of section 51A of the Crime and Disorder Act 1998 (sending
25cases to the Crown Court: children and young persons) by Schedule 3 to the
Criminal Justice Act 2003 is fully in force, subsection (7) has effect as if it also
referred to the committal of a child for trial.

(9) Subsection (7) 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.

30Remands to local authority accommodation

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
35the local authority that is to receive the child.

(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
40court that the child habitually resides or the offence or one of the
offences was committed.

(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.

76 5Conditions 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)
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
10for 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
than extradition proceedings), the requirements in section 77 are met,
or

(b) 15in 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
the designated authority—

(a) requirements for securing compliance with any conditions imposed on
20the child under subsection (1) or (2), or

(b) requirements stipulating that the child must not be placed with a
named person.

(4) A court may only impose a condition under subsection (1) or (2), or a
requirement under subsection (3), after consultation with the designated
25authority.

(5) Where a child has been remanded to local authority accommodation, a relevant
court—

(a) may, on the application of the designated authority, impose on that
child any conditions that could be imposed under subsection (1) or (2)
30if the court were then remanding the child to local authority
accommodation, and

(b) where it does so, may impose on the authority requirements for
securing compliance with the conditions imposed under paragraph (a).

(6) Where a child has been remanded to local authority accommodation, a relevant
35court 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).

(7) A court that imposes conditions on a child under this section or varies
conditions so imposed—

(a) 40must 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 magistrates’ court, must cause a reason given under
paragraph (a) to be specified in the warrant of commitment and entered
in the register.

(8) 45In this section “relevant court”—

(a) in relation to a child remanded to local authority accommodation by
virtue of section 74(1) (proceedings other than extradition
proceedings), means—

(i) the court by which the child was so remanded, or

(ii) 5any magistrates’ court that has jurisdiction in the place where
the child is for the time being;

(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) 10References in this section to consultation are to such consultation (if any) as is
reasonably practicable in all the circumstances of the case.

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
15subsections to (2) to (6).

(2) The first requirement is that the child has reached the age of twelve.

(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) 20the 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
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
25any 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—

(i) on bail,

(ii) remanded to local authority accommodation, or

(iii) 30remanded to youth detention accommodation.

(5) The fourth requirement is that the court is satisfied that the necessary provision
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
35that, in its opinion, the imposition of an electronic monitoring condition will be
suitable in the child’s case.

(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
40electronic monitoring arrangements are available in that area.

(8) In this Chapter—

• “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
  45conditions imposed under section 76(1);

Legal Aid, Sentencing and Punishment of Offenders BillPage 59

• “imprisonable offence” means an offence punishable in the case of an
  adult with imprisonment;

• “sexual offence” means an offence specified in Part 2 of Schedule 15 to the
  Criminal Justice Act 2003;

• 5“violent offence” means murder or an offence specified in Part 1 of
  Schedule 15 to the Criminal Justice Act 2003;

• “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
10accommodation or to youth detention accommodation includes a child being
remanded to local authority accommodation under section 23 of the Children
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
15electronic monitoring condition: 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.

(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) 20The third requirement is that—

(a) 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 violent or sexual
offence or an offence punishable in the case of an adult with
25imprisonment for a term of 14 years of more, or

(b) the offence or offences to which the extradition proceedings relate,
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
30imprisonable offences while on bail or subject to a custodial remand.

(5) The fourth requirement is that the court is satisfied that the necessary provision
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
35that, in its opinion, the imposition of an electronic monitoring condition will be
suitable in the child’s case.

(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
40electronic monitoring arrangements are available in that area.

(8) References in this Chapter to an imprisonable offence, in relation to an offence
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) 45References in this Chapter to a child being subject to a custodial remand are to
the child being—