(a) remanded to local authority accommodation or youth detention
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
5trial in that country.

(10) The reference in subsection (9) to a child being remanded to local authority
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 10Further provisions about electronic monitoring

(1) Where a court imposes an electronic monitoring condition, the condition must
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) 15The Secretary of State may make rules for regulating—

(a) the electronic monitoring of compliance with conditions imposed
under section 76(1), and

(b) in particular, the functions of persons made responsible by virtue of
subsection (1) of this section.

(4) 20Rules 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
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 25Liability to arrest for breaking conditions of remand

(1) A child may be arrested without warrant by a constable if—

(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) 30the constable has reasonable grounds for suspecting that the child has
broken any of those conditions.

(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) 35in any event within the period of 24 hours beginning with the child’s
arrest.

(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
40appeared.

(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
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) 5except 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

(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) 10If 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
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.

15Remands to youth detention accommodation

81 First set of conditions for a remand to youth detention accommodation

(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) 20the 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)
and (6)).

(2) 25The 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
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
30a 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
35physical or psychological) occasioned by further offences committed
by the child, or

(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.

(6) 40The 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

(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
5such 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
apply.

82 Second set of conditions for a remand to youth detention accommodation

(1) 10For the purposes of section 74(4)(a), the second 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 sentencing condition (see subsection (3)),

(c) 15the offence condition (see subsection (4)),

(d) the first or second history condition or both (see subsections (5) and
(6)),

(e) the necessity condition (see subsection (7)), and

(f) the first or second legal representation condition (see subsections (8)
20and (9)).

(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) 25The offence condition is that the offence mentioned in section 74(1), or one or
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) 30the offence mentioned in section 74(1), or one or more of those offences,
is alleged to be or has been found to have been committed while the
child was remanded to local authority accommodation or youth
detention accommodation.

(6) The second history condition is that the offence or offences mentioned in
35section 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 imprisonable offences while—

(a) on bail,

(b) 40remanded to local authority accommodation, or

(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) 45to protect the public from death or serious personal injury (whether
physical or psychological) occasioned by further offences committed
by the child, or

(b) to prevent the commission by the child of imprisonable offences.

(8) The first legal representation condition is that the child is legally represented
before the court.

(9) The second legal representation condition is that the child is not legally
5represented 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
10such 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
15having had the opportunity to do so, the child refused or failed to
apply.

(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),

(b) 20section 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

(e) 25section 228 of that Act (extended sentence of detention for violent or
sexual offences).

(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
30and Young Persons Act 1969.

83 First set of conditions for a remand to youth detention accommodation:
extradition cases

(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
35child 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)
40and (6)).

(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) 45a violent or sexual offence, or

(b) 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
the options for the remand of the child, that only remanding the child to youth
5detention 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

(b) to prevent the commission by the child of imprisonable offences.

(5) 10The first legal representation condition is that the child is legally represented
before the court.

(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
15purposes 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,

(b) the child applied for such representation and the application was
20refused 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
apply.

84 25Second set of conditions for a remand to youth detention accommodation:
extradition cases

(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) 30the age condition (see subsection (2)),

(b) the sentencing condition (see subsection (3)),

(c) the offence condition (see subsection (4)),

(d) the first or second history condition or both (see subsections (5) and
(6)),

(e) 35the necessity condition (see subsection (7)), and

(f) the first or second legal representation condition (see subsections (8)
and (9)).

(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
40convicted in the United Kingdom of an offence equivalent to the offence to
which the extradition proceedings relate or one or more those offences, there
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
45relate, 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
remand, and

(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
5committed 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
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
10committing imprisonable offences while on bail or subject to a custodial
remand.

(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) 15to protect the public from death or serious personal injury (whether
physical or psychological) occasioned by further offences committed
by the child, or

(b) to prevent the commission by the child of imprisonable offences.

(8) The first legal representation condition is that the child is legally represented
20before the court.

(9) 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) 25because 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,

(b) the child applied for such representation and the application was
refused because it appeared that the child’s financial resources were
30such 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
apply.

85 Remands to youth detention accommodation

(1) 35A remand to youth detention accommodation is a remand to such
accommodation of a kind listed in subsection (2) as the Secretary of State
directs in the child’s case.

(2) Those kinds of accommodation are—

(a) a secure children’s home,

(b) 40a secure training centre, and

(c) a young offender institution.

(3) A child’s detention in one of those kinds of accommodation pursuant to a
remand to youth detention accommodation is lawful.

(4) Where a court remands a child to youth detention accommodation, the court
45must—

(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
that opinion.

(5) 5A magistrates’ court must ensure a reason that it gives under subsection
(4)(b)—

(a) is specified in the warrant of commitment, and

(b) is entered in the register.

(6) Where a court remands a child to youth detention accommodation, the court
10must designate a local authority as the designated authority for the child for
the purposes of—

(a) subsection (8),

(b) regulations under section 86 (arrangements for remands), and

(c) section 87 (looked after child status).

(7) 15That 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
20offences was committed.

(8) Before giving a direction under subsection (1), the Secretary of State must
consult the designated authority.

(9) In this Chapter “secure children’s home” means—

(a) accommodation in England which—

(i) 25is provided in a children’s home, within the meaning of the
Care Standards Act 2000, in respect of which a person is
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) 30accommodation in Wales which is provided in a children’s home,
within the meaning of the Care Standards Act 2000—

(i) which provides accommodation for the purposes of restricting
liberty, and

(ii) in respect of which a person is registered under Part 2 of that
35Act.

Supplementary

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
40detention accommodation.

(2) The Secretary of State may by regulations make provision about the recovery
from the designated authority by a person mentioned in subsection (3) of the
costs of—

(a) a child being subject to a remand to youth detention accommodation;

(b) 45the exercise of functions of the kind mentioned in—

(i) section 80(1)(a) to (e) of the Criminal Justice Act 1991 (escort
functions) read with section 92(3) of that Act, or

(ii) paragraph 1(1)(a) to (d) of Schedule 1 to the Criminal Justice
and Public Order Act 1994 (escort functions),

5in relation to a child subject to such a remand.

(3) Those persons are—

(a) the Secretary of State;

(b) a person other than the Secretary of State by whom the accommodation
pursuant to the remand to youth detention accommodation is provided
10or the functions are exercised (as the case may be).

(4) Regulations under this section may—

(a) make different provision for different cases;

(b) include supplementary, incidental, transitional, transitory or saving
provision.

(5) 15Regulations 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.

(7) The Secretary of State may make payments to a local authority for the purpose
of enabling the authority —

(a) 20to exercise functions under section 75(4) (duty to receive and
accommodate child remanded to local authority accommodation);

(b) to make payments pursuant to regulations under this section.

87 Looked after child status

(1) A child who is remanded to youth detention accommodation is to be treated as
25a child who is looked after by the designated authority.

(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 who is to be
treated as looked after by a designated authority by virtue of this Chapter.

(3) 30Regulations under this section may—

(a) make different provision for different cases;

(b) include supplementary, incidental, transitional, transitory or saving
provision.

(4) Regulations under this section are to be made by statutory instrument.

(5) 35A statutory instrument containing regulations under this section is subject to
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
Wales.

88 Minor and consequential amendments

40Schedule 11 (remands of children otherwise than on bail: minor and
consequential amendments) has effect.

89 Interpretation of Chapter

(1) In this Chapter—

• “child” has the meaning given by section 74(6);

• “court” and “magistrates’ court” include a justice of the peace;

• 5“custodial sentence” has the meaning given by section 82(10);

• “the designated authority”—

  (a)

  in relation to a child remanded to local authority
  accommodation, means the local authority that is designated by
  the court under section 75(2) to receive the child;

  (b)

  10in relation to a child remanded to youth detention
  accommodation, means the local authority that is designated by
  the court under section 85(6) as the designated authority for the
  child;

• “electronic monitoring condition” has the meaning given by section 77(8);

• 15“extradition proceedings” means proceedings under the Extradition Act
  2003;

• “imprisonable offence” has the meaning given by 77(8) (and see section
  78(8));

• “local authority” means—

  (a)

  20a county council;

  (b)

  a county borough council;

  (c)

  a district council for an area for which there is no county
  council;

  (d)

  a London borough council;

  (e)

  25the Common Council of the City of London;

  (f)

  the Council of the Isles of Scilly;

• “secure children’s home” has the meaning given by section 85(9);

• “sexual offence” has the meaning given by section 77(8);

• “violent offence” has the meaning given by section 77(8);

• 30“youth offending team” has the meaning given by section 77(8).

(2) In this Chapter, references to the remand of a child, and related expressions,
are to be construed in accordance with section 74(7) and (8).

(3) In this Chapter, references to a remand to local authority accommodation, and
related expressions, are to be construed in accordance with section 75(1).

(4) 35Subsection (3) is subject to sections 77(9), 78(10) and 82(11) (references to
remand to local authority accommodation to include such a remand under
section 23 of the Children and Young Persons Act 1969).

(5) In this Chapter, references to a child being subject to a custodial remand are to
be construed in accordance with section 78(9).

(6) 40In this Chapter, references to a remand to youth detention accommodation are
to be construed in accordance with section 85(1).

(7) In this Chapter, references to a child who is looked after by a local authority are
to be construed in accordance with section 22 of the Children Act 1989.

CHAPTER 4 Release on licence etc

Calculation of days to be served

90 Crediting of periods of remand in custody

(1) Omit section 240 of the Criminal Justice Act 2003 (court to direct that remand
5time be credited towards time served).

(2) Before section 240A of that Act insert—

“240ZA Time remanded in custody to count as time served: terms of
imprisonment and detention

(1) This section applies where—

(a) 10an offender is serving a term of imprisonment in respect of an
offence committed on or after 4th April 2005, and

(b) the offender has been remanded in custody (within the
meaning given by section 242) in connection with the offence or
a related offence.

(2) 15It is immaterial for that purpose whether, for all or part of the period
during which the offender was remanded in custody, the offender was
also remanded in custody in connection with other offences (but see
subsection (5)).

(3) The number of days for which the offender was remanded in custody
20in connection with the offence or a related offence is to count as time
served by the offender as part of the sentence.

But this is subject to subsections (4) to (6).

(4) If, on any day on which the offender was remanded in custody, the
offender was also detained in connection with any other matter, that
25day is not to count as time served.

(5) A day counts as time served—

(a) in relation to only one sentence, and

(b) only once in relation to that sentence.

(6) A day is not to count as time served as part of any period of 28 days
30served by the offender before automatic release (see section 255B(1)).

(7) For the purposes of this section a suspended sentence—

(a) is to be treated as a sentence of imprisonment when it takes
effect under paragraph 8(2)(a) or (b) of Schedule 12, and

(b) is to be treated as being imposed by the order under which it
35takes effect.

(8) In this section “related offence” means an offence, other than the
offence for which the sentence is imposed (“offence A”), with which the
offender was charged and the charge for which was founded on the
same facts or evidence as offence A.

(9) 40For the purposes of the references in subsections (3) and (5) to the term
of imprisonment to which a person has been sentenced (that is to say,