Legal Aid, Sentencing and Punishment of Offenders Bill (HL Bill 109)

(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
5having had the opportunity to do so, the child refused or failed to
apply.

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

(1) For the purposes of section 84(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
10following 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)),

(d) the first or second history condition or both (see subsections (5) and
15(6)),

(e) the 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) 20The 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 84(1) or one or more of those offences.

(4) The offence condition is that the offence mentioned in section 84(1), or one or
more of those offences, is an imprisonable offence.

(5) 25The 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 84(1), or one or more of those offences,
is alleged to be or has been found to have been committed while the
30child was remanded to local authority accommodation or youth
detention accommodation.

(6) The second history condition is that the offence or offences mentioned in
section 84(1), together with any other imprisonable offences of which the child
has been convicted in any proceedings, amount or would, if the child were
35convicted of that offence or those offences, amount to a recent history of
committing imprisonable offences while—

(a) on bail,

(b) remanded to local authority accommodation, or

(c) remanded to youth detention accommodation.

(7) 40The 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
45by 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
represented before the court and—

(a) 5representation 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) 10the 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
15apply.

(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) section 91 of that Act (detention for specified period on conviction of
20certain 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) section 228 of that Act (extended sentence of detention for violent or
25sexual 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
and Young Persons Act 1969.

93 30First set of conditions for a remand to youth detention accommodation:
extradition cases

(1) For the purposes of section 84(4)(b), the first 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) 35the 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) 40The 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) 45an 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
detention accommodation would be adequate—

(a) to protect the public from death or serious personal injury (whether
5physical 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) 10The 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) 15because 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

(c) 20having 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.

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

(1) 25For the purposes of section 84(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)),

(c) 30the 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)
35and (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
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
40would 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) 45the 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
committed while the child was subject to a custodial remand.

(6) The second history condition is that the offence or offences to which the
5extradition 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 imprisonable offences while on bail or subject to a custodial
remand.

(7) 10The 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
15by 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
20represented 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
25such 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
30having had the opportunity to do so, the child refused or failed to
apply.

95 Remands to youth detention accommodation

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

(2) Those kinds of accommodation are—

(a) a secure children’s home,

(b) a secure training centre, and

(c) a young offender institution.

(3) 40A 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
must—

(a) state in open court that it is of the opinion mentioned in section 91(4),
4592(7), 93(4) or 94(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) A magistrates’ court must ensure a reason that it gives under subsection
(4)(b)—

(a) 5is 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
must designate a local authority as the designated authority for the child for
the purposes of—

(a) 10subsection (8),

(b) regulations under section 96 (arrangements for remands), and

(c) section 97 (looked after child status).

(7) That authority must be—

(a) in the case of a child who is being looked after by a local authority, that
15authority, 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
offences was committed.

(8) Before giving a direction under subsection (1), the Secretary of State must
20consult the designated authority.

(9) 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
25registered 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—

(i) 30which provides accommodation for the purposes of restricting
liberty, and

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

Supplementary

96 35Arrangements 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 accommodation.

(2) The Secretary of State may by regulations make provision about the recovery
40from 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) the exercise of functions of the kind mentioned in—

(i) section 80(1)(a) to (e) of the Criminal Justice Act 1991 (escort
45functions) 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),

in relation to a child subject to such a remand.

(3) Those persons are—

(a) 5the 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
or the functions are exercised (as the case may be).

(4) Regulations under this section may—

(a) 10make different provision for different cases;

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

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

(6) A statutory instrument containing regulations under this section is subject to
15annulment 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) to exercise functions under section 85(4) (duty to receive and
accommodate child remanded to local authority accommodation);

(b) 20to make payments pursuant to regulations under this section.

97 Looked after child status

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

(2) The Secretary of State may by regulations provide for any Act or instrument
25made 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) Regulations under this section may—

(a) make different provision for different cases;

(b) 30include supplementary, incidental, transitional, transitory or saving
provision.

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

(5) A statutory instrument containing regulations under this section is subject to
annulment in pursuance of a resolution of either House of Parliament.

(6) 35In this section “Act” includes an Act or Measure of the National Assembly for
Wales.

98 Minor and consequential amendments

Schedule 12 (remands of children otherwise than on bail: minor and
consequential amendments) has effect.

99 Interpretation of Chapter

(1) In this Chapter—

• “child” has the meaning given by section 84(6);

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

• 5“custodial sentence” has the meaning given by section 92(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 85(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 95(6) as the designated authority for the
  child;

• “electronic monitoring condition” has the meaning given by section 87(8);

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

• “imprisonable offence” has the meaning given by 87(8) (and see section
  88(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 95(9);

• “sexual offence” has the meaning given by section 87(8);

• “violent offence” has the meaning given by section 87(8);

• 30“youth offending team” has the meaning given by section 87(8).

(2) In this Chapter, references to the remand of a child, and related expressions,
are to be construed in accordance with section 84(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 85(1).

(4) 35Subsection (3) is subject to sections 87(9), 88(10) and 92(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 88(9).

(6) 40In this Chapter, references to a remand to youth detention accommodation are
to be construed in accordance with section 95(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

100 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,

the reference to the offender’s “sentence”), consecutive terms and terms
which are wholly or partly concurrent are to be treated as a single term
if—

(a) the sentences were passed on the same occasion, or

(b) 5where they were passed on different occasions, the person has
not been released at any time during the period beginning with
the first and ending with the last of those occasions.

(10) The reference in subsection (4) to detention in connection with any
other matter does not include remand in custody in connection with
10another offence but includes—

(a) detention pursuant to any custodial sentence;

(b) committal in default of payment of any sum of money;

(c) committal for want of sufficient distress to satisfy any sum of
money;

(d) 15committal for failure to do or abstain from doing anything
required to be done or left undone.

(11) Where an offence is found to have been committed over a period of two
or more days, or at some time during a period of two or more days, it
is to be taken for the purposes of subsection (1) to have been committed
20on the last of those days.

(12) This section applies to—

(a) a determinate sentence of detention under section 91 of the
Sentencing Act or section 228 of this Act, or

(b) a sentence of detention in a young offender institution under
25section 96 of the Sentencing Act or section 227 of this Act,

as it applies to an equivalent sentence of imprisonment.”

101 Crediting of periods of remand on bail

(1) Section 240A of the Criminal Justice Act 2003 (crediting periods of remand on
bail: terms of imprisonment and detention) is amended as follows.

(2) 30In subsection (2), for “subsection (4)” substitute “subsections (3A) and (3B)”.

(3) For subsections (3) to (7) substitute—

“(3) The credit period is calculated by taking the following steps.

Step 1

Add—

• 35the day on which the offender’s bail was first subject to relevant
  conditions (and for this purpose a condition is not prevented
  from being a relevant condition by the fact that it does not apply
  for the whole of the day in question), and

• the number of other days on which the offender’s bail was
  40subject to those conditions (but exclude the last of those days if
  the offender spends the last part of it in custody).

Step 2

Deduct the number of days on which the offender, whilst on bail
subject to the relevant conditions, was also—

• subject to any requirement imposed for the purpose of securing
  the electronic monitoring of the offender’s compliance with a
  curfew requirement, or

• on temporary release under rules made under section 47 of the
  5Prison Act 1952.

Step 3

From the remainder, deduct the number of days during that remainder
on which the offender has broken either or both of the relevant
conditions.

10Step 4

Divide the result by 2.

Step 5

If necessary, round up to the nearest whole number.

(3A) A day of the credit period counts as time served—

(a) 15in relation to only one sentence, and

(b) only once in relation to that sentence.

(3B) A day of the credit period is not to count as time served as part of any
period of 28 days served by the offender before automatic release (see
section 255B(1)).”

(4) 20In subsection (8)—

(a) omit “or (5)”;

(b) for paragraph (b) substitute—

“(b) the number of days (if any) which it deducted under
each of steps 2 and 3.”

(5) 25Omit subsections (9) and (10).

(6) In subsection (11)—

(a) for “Subsections (7) to (10) of section 240” substitute “Subsections (7) to
(9), (11) and (12) of section 240ZA”;

(b) in paragraph (b), for “in subsection (8) the reference to subsection (3) of
30section 240 is” substitute “in subsection (9) the references to subsections
(3) and (5) of section 240ZA are”.

(7) In subsection (12)—

(a) before the definition of “electronic monitoring condition” insert—

• ““curfew requirement” means a requirement (however
  35described) to remain at one or more specified places for
  a specified number of hours in any given day, provided
  that the requirement is imposed by a court or the
  Secretary of State and arises as a result of a conviction;”;

(b) omit the definition of “related offence” and the “and” preceding it.

(8) 40In the heading of the section, for “Crediting periods of remand on bail”
substitute “Time remanded on bail to count towards time served”.

102 Amendments consequential on sections 100 and 101

(1) The Criminal Justice Act 2003 is amended as follows.

(2) In section 237(1C) (meaning of “fixed-term prisoner”)—

(a) 45for “section 240” substitute “section 240ZA”;