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Legal Aid, Sentencing and Punishment of Offenders Bill (HL Bill 129)

Legal Aid, Sentencing and Punishment of Offenders BillPage 210

18 defendant who has failed to surrender) in sub-paragraph (1)(a) for “under
the age of 18” substitute “a child or young person”.

22 Part 1A of Schedule 1 (bail for defendants accused or convicted of
imprisonable offences to which Part 1 of that Schedule does not apply) is
5amended in accordance with paragraphs 23 to 26.

23 For the heading immediately before paragraph 1 (defendants to whom Part
1A applies) substitute “Application of Part 1A”.

24 In paragraph 1 (defendants to whom Part 1A applies) for “The” substitute
“Subject to paragraph 1A, the”.

25 10After paragraph 1 insert—

1A (1) The paragraphs of this Part of this Schedule mentioned in sub-
paragraph (2) do not apply in relation to bail in, or in connection
with, proceedings where—

(a) the defendant has attained the age of 18,

(b) 15the defendant has not been convicted of an offence in those
proceedings, and

(c) it appears to the court that there is no real prospect that the
defendant will be sentenced to a custodial sentence in the
proceedings.

(2) 20The paragraphs are—

(a) paragraph 2 (refusal of bail for failure to surrender to
custody),

(b) paragraph 3 (refusal of bail where defendant would
commit further offences on bail), and

(c) 25paragraph 7 (refusal of bail in certain circumstances when
arrested under section 7).

26 (1) Paragraph 4 (refusal of bail to defendants who are likely to cause injury or
fear of injury) is amended as follows.

(2) The existing words become sub-paragraph (1).

(3) 30In paragraphs (a) and (b) of that sub-paragraph for “any person other than
the defendant”, in both places those words appear, substitute “an associated
person”.

(4) After that sub-paragraph insert—

(2) In sub-paragraph (1) “associated person” means a person who is
35associated with the defendant within the meaning of section 62 of
the Family Law Act 1996.

27 Part 2 of Schedule 1 (bail for defendants accused or convicted of non-
imprisonable offences) is amended in accordance with paragraphs 28 to 30.

28 In paragraph 2 (refusal of bail for failure to surrender to custody) after “bail
40if—” insert—

(za) the defendant—

(i) is a child or young person, or

(ii) has been convicted in the proceedings of an offence;.

29 In paragraph 5 (refusal of bail in certain circumstances when arrested under

Legal Aid, Sentencing and Punishment of Offenders BillPage 211

section 7) after “bail if—” insert—

(za) the defendant—

(i) is a child or young person, or

(ii) has been convicted in the proceedings of an offence;.

30 5After paragraph 5 insert—

6 (1) The defendant need not be granted bail if—

(a) having been released on bail in, or in connection with, the
proceedings for the offence, the defendant has been
arrested in pursuance of section 7, and

(b) 10the court is satisfied that there are substantial grounds for
believing that the defendant, if released on bail (whether
subject to conditions or not), would commit an offence
while on bail by engaging in conduct that would, or would
be likely to, cause—

(i) 15physical or mental injury to an associated person,
or

(ii) an associated person to fear physical or mental
injury.

(2) In sub-paragraph (1) “associated person” means a person who is
20associated with the defendant within the meaning of section 62 of
the Family Law Act 1996.

31 (1) Paragraph 2 of Part 3 of Schedule 1 (references to previous grants of bail) is
amended as follows.

(2) In paragraph (b) for “section 14(1) of the Criminal Justice Act 2003”
25substitute “paragraph 16 of Schedule 11 to the Legal Aid, Sentencing and
Punishment of Offenders Act 2012”.

(3) In paragraph (c) for “section 15(1) of the Criminal Justice Act 2003”
substitute “paragraph 17 of Schedule 11 to the Legal Aid, Sentencing and
Punishment of Offenders Act 2012”.

(4) 30After paragraph (f) insert ;

(g) as respects the reference in paragraph 6 of Part 2 of this
Schedule, bail granted before the coming into force of that
paragraph.

Bail (Amendment) Act 1993 (c. 26)Bail (Amendment) Act 1993 (c. 26)

32 (1) 35Section 1 of the Bail (Amendment) Act 1993 (prosecution right of appeal
where bail is granted) is amended as follows.

(2) After subsection (1A) insert—

(1B) Where a judge of the Crown Court grants bail to a person who is
charged with, or convicted of, an offence punishable by
40imprisonment, the prosecution may appeal to the High Court against
the granting of bail.

(1C) An appeal under subsection (1B) may not be made where a judge of
the Crown Court has granted bail on an appeal under subsection
(1).

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(3) In subsection (2) for “Subsection (1) above applies” substitute “Subsections
(1) and (1B) above apply”.

(4) In subsections (3), (4) and (8) for “or (1A)” substitute “, (1A) or (1B)”.

(5) In subsection (10)(a)—

(a) 5for “reference in subsection (1)” substitute “references in subsections
(1) and (1B)”, and

(b) for “is to be read as a reference” substitute “are to be read as
references”.

Criminal Justice and Public Order Act 1994 (c. 33)Criminal Justice and Public Order Act 1994 (c. 33)

33 10In section 25 of the Criminal Justice and Public Order Act 1994 (no bail for
defendants charged with or convicted of homicide or rape after previous
conviction for such offences) in subsection (1) for “is satisfied” substitute “is
of the opinion”.

Consequential amendments

34 15In section 38(2A) of the Police and Criminal Evidence Act 1984
(considerations applicable to paragraph 2 of Part 1 of Schedule 1 to the 1976
Act to be taken into account by custody officer when making decision about
bail after charge) for “paragraph 2(2)” substitute “paragraphs 1A and 2(2)”.

35 In section 200 of the Extradition Act 2003 (amendments to section 1 of the
20Bail (Amendment) Act 1993) omit subsections (4)(a) and (7)(a).

Section 99

SCHEDULE 12 Remands of children otherwise than on bail: minor and consequential
amendments

Criminal Justice Act 1948 (c. 58)1948 (c. 58)

1 25Section 27 of the Criminal Justice Act 1948 (remand of persons aged 17 to 20)
is amended as follows.

2 In the heading, for “17” substitute “18”.

3 In subsection (1) for “seventeen” substitute “eighteen”.

Prison Act 1952 (c. 52)1952 (c. 52)

4 30In section 43(1) of the Prison Act 1952 (power of Secretary of State to provide
young offender institutions, secure training centres etc), at the end of
paragraph (d) insert “and in which children who have been remanded to
youth detention accommodation under section 85(4) of the Legal Aid,
Sentencing and Punishment of Offenders Act 2012 may be detained”.

35Children and Young Persons Act 1969 (c. 54)1969 (c. 54)

5 The Children and Young Persons Act 1969 is amended as follows.

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6 Omit section 23 (remands and committals to local authority
accommodation).

7 Omit section 23AA (electronic monitoring of conditions of remand).

8 Omit section 23A (liability to arrest for breaking conditions of remand).

9 (1) 5Section 23B (report by local authority in certain cases where person
remanded on bail) is amended as follows.

(2) In subsection (2), at the end insert “under section 85(3) of the Legal Aid,
Sentencing and Punishment of Offenders Act 2012.”

(3) In subsection (3), for “section 23(2) of this Act” substitute “section 86(2) of the
10Legal Aid, Sentencing and Punishment of Offenders Act 2012”.

(4) In subsection (6)—

(a) in paragraph (a), for “17” substitute “18”, and

(b) for paragraph (b) and the “and” at the end of that paragraph
substitute—

(b) 15the requirements in section 88(3) and (4) or 89(3) and
(4) of the Legal Aid, Sentencing and Punishment of
Offenders Act 2012 would have been fulfilled if the
person had not been remanded on bail, and.

(5) In subsection (7), in the definition of “serious offence”, after “means” insert
20“(subject to subsection (8))”.

(6) After subsection (7) insert—

(8) For the purposes of the application of this section to a person
remanded on bail in connection with proceedings under the
Extradition Act 2003—

(a) 25an offence is a “serious offence” if the conduct constituting
the offence would, if committed in the United Kingdom,
constitute an offence punishable in the case of an adult with
imprisonment for a term of two years or more, and

(b) the reference in subsection (1)(a) to a person being charged
30with a serious offence includes a reference to the person
having been accused of such an offence.

10 (1) Section 32 (detention of absentees) is amended as follows.

(2) In subsection (1A)—

(a) in paragraph (b), omit sub-paragraph (iii), and

(b) 35after that paragraph insert—

(c) from a place in which the child or young person has
been accommodated pursuant to a remand under
section 85 of the Legal Aid, Sentencing and
Punishment of Offenders Act 2012,.

(3) 40In subsection (1B), for the “or” at the end of paragraph (b) substitute—

(ba) the place mentioned in subsection (1A)(c); or.

(4) In subsection (1C), for paragraph (d) and the “or” preceding that paragraph
substitute—

(d) where the child or young person was accommodated
45pursuant to a remand under section 85(3) of the Legal Aid,

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Sentencing and Punishment of Offenders Act 2012 (remands
to local authority accommodation), the designated authority
within the meaning of section 101(1) of that Act; or

(e) where the child or young person was accommodated
5pursuant to a remand under section 85(4) of that Act
(remands to youth detention accommodation), the Secretary
of State.

11 In section 34(1) (transitional modifications of Part 1 for persons of specified
ages)—

(a) 10in paragraph (c) omit “, 23(1)”, and

(b) omit paragraph (e).

12 In section 69 (orders and regulations etc) omit subsection (4A).

Local Authority Social Services Act 1970 (c. 42)1970 (c. 42)

13 In Schedule 1 to the Local Authority Social Services Act 1970 (social services
15functions for the purposes of the Act), at the end insert—

Legal Aid, Sentencing and
Punishment of Offenders Act
2012
Section 86 Functions in relation to a
child remanded to local
authority accommodation.

Bail Act 1976 (c. 63)1976 (c. 63)

14 20The Bail Act 1976 is amended as follows.

15 (1) Section 3AA (conditions for the imposition of electronic monitoring
requirements: children and young persons) is amended as follows.

(2) In subsection (3), at the end insert “or youth detention accommodation”.

(3) For subsection (11) substitute—

(11) 25In this section—

(a) the reference to being remanded to local authority
accommodation is to be construed in accordance with section
86 of the Legal Aid, Sentencing and Punishment of Offenders
Act 2012,

(b) 30the reference to being remanded to youth detention
accommodation is to be construed in accordance with section
96 of that Act, and

(c) those references include a reference to a remand to local
authority accommodation under section 23 of the Children
35and Young Persons Act 1969.

16 In section 7(6) (arrest for absconding or breaking conditions of bail: powers
of justice), for the words from “section 23” to the end of the subsection
substitute “section 85 of the Legal Aid, Sentencing and Punishment of
Offenders Act 2012 (remands of children otherwise than on bail)”.

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17 In Part 3 of Schedule 1 (supplementary provisions about persons entitled to
bail: interpretation), in paragraph 3, for the words from “the care of” to the
end of the paragraph substitute “accommodation pursuant to a remand
under section 85(3) or (4) of the Legal Aid, Sentencing and Punishment of
5Offenders Act 2012 (remands to local authority accommodation or youth
detention accommodation).”

Child Abduction Act 1984 (c. 37)1984 (c. 37)

18 The Child Abduction Act 1984 is amended as follows.

19 In section 1(8) (offence of child abduction: modifications in relation to
10children remanded to local authority accommodation etc), for “to a local
authority accommodation” substitute “otherwise than on bail”.

20 In paragraph 2 of the Schedule (modifications of section 1 in case of children
in places of safety etc)—

(a) in sub-paragraph (1), in paragraph (b) omit “section 23 of the
15Children and Young Persons Act 1969,”,

(b) in that sub-paragraph, at the end of paragraph (ba) insert ; or

(bb) remanded to local authority accommodation or
youth detention accommodation under section 85
of the Legal Aid, Sentencing and Punishment of
20Offenders Act 2012., and

(c) in sub-paragraph (2)(a), after “place of safety” insert “, local authority
accommodation or youth detention accommodation”.

Police and Criminal Evidence Act 1984 (c. 60)1984 (c. 60)

21 In section 17(1)(ca) of the Police and Criminal Evidence Act 1984 (powers of
25entry and search of premises for purpose of arresting child or young person
remanded to local authority accommodation), for the words from “or
committed” to “that Act” substitute “to local authority accommodation or
youth detention accommodation under section 85 of the Legal Aid,
Sentencing and Punishment of Offenders Act 2012”.

30Prosecution of Offences Act 1985 (c. 23)1985 (c. 23)

22 In section 22(11) of the Prosecution of Offences Act 1985 (time limits in
relation to preliminary stages of criminal proceedings: interpretation), in the
definition of “custody” for the words from “to which” to “Act 1969”
substitute “or youth detention accommodation to which a person is
35remanded under section 85 of the Legal Aid, Sentencing and Punishment of
Offenders Act 2012”.

Children Act 1989 (c. 41)1989 (c. 41)

23 The Children Act 1989 is amended as follows.

24 In section 21(2)(c) (duty to receive and provide accommodation for certain
40kinds of children) omit sub-paragraph (i) (children on remand under section
23(1) of the Children and Young Persons Act 1969).

25 In Schedule 12 (minor amendments), omit paragraph 28(b).

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Criminal Justice Act 1991 (c. 53)1991 (c. 53)

26 The Criminal Justice Act 1991 is amended as follows.

27 Omit section 60(1).

28 In section 60(3) (applications under section 25 of the Children Act 1989 in
5case of child remanded or committed to local authority accommodation)—

(a) omit “or committed”, and

(b) after “local authority accommodation” insert “under section 85(3) of
the Legal Aid, Sentencing and Punishment of Offenders Act 2012”.

29 Omit section 61 (provision by local authorities of secure accommodation).

30 10Omit section 61A (cost of secure accommodation).

31 In section 92(3) (application of prisoner escort provisions to persons
remanded etc under section 23 of the Children and Young Persons Act
1969)—

(a) in paragraph (a), for the words from “or committed” to “1969 Act”
15substitute “to local authority accommodation or youth detention
accommodation under section 85 of the Legal Aid, Sentencing and
Punishment of Offenders Act 2012”, and

(b) in paragraph (b) for “such accommodation” substitute
“accommodation in which a person is or is to be accommodated
20pursuant to such a remand”.

Bail (Amendment) Act 1993 (c. 26)1993 (c. 26)

32 In section 1(10) of the Bail (Amendment) Act 1993 (prosecution right of
appeal against grant of bail: application to children and young persons)—

(a) for the words from “child” to “Act 1969)” substitute “person under
25the age of 18”, and

(b) in paragraph (b) for the words from “section 23” to
“accommodation)” substitute “Chapter 3 of Part 3 of the Legal Aid,
Sentencing and Punishment of Offenders Act 2012 (remands of
children otherwise than on bail)”.

30Criminal Justice and Public Order Act 1994 (c. 33)1994 (c. 33)

33 The Criminal Justice and Public Order Act 1994 is amended as follows.

34 Omit sections 19(1) and (3), 21 and 23.

35 In Schedule 9 (minor amendments) omit paragraph 38.

Crime and Disorder Act 1998 (c. 37)1998 (c. 37)

36 35The Crime and Disorder Act 1998 is amended as follows.

37 In section 38(4)(d) (definition of “youth justice services”: placements
pursuant to remands to local authority accommodation), for the words from
“or committed” to “1969 Act”)” substitute “to such accommodation under
section 85(3) of the Legal Aid, Sentencing and Punishment of Offenders Act
402012”.

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38 In section 41(5) (functions of the Youth Justice Board for England and Wales)
omit—

(a) paragraph (i)(iii) (agreements for the provision of accommodation
for detention under section 23(4)(c) of the Children and Young
5Persons Act 1969 as modified by section 98 of the Crime and
Disorder Act 1998), and

(b) paragraph (k) (assistance to local authorities in discharging duty
under section 61 of the Criminal Justice Act 1991).

39 In section 57A(3) (use of live link for accused’s attendance at preliminary or
10sentencing hearing: interpretation), in paragraph (a) of the definition of
“custody”, for the words from “to which” to “Act 1969” substitute “or youth
detention accommodation to which a person is remanded under section 85
of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”.

40 Omit sections 97 and 98.

15Access to Justice Act 1999 (c. 22)1999 (c. 22)

41 In Schedule 4 to the Access to Justice Act 1999 (amendments consequential
on Part 1), omit paragraphs 4, 6 and 7.

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)2000 (c. 6)

42 The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.

43 20In section 101 (taking account of remands in relation to a detention and
training order)—

(a) in subsection (11), for paragraph (c) and the “or” at the end of that
paragraph substitute—

(c) remanded to youth detention accommodation under
25section 85(4) of the Legal Aid, Sentencing and
Punishment of Offenders Act 2012; or, and

(b) in subsection (12) omit the words from “and in that subsection” to the
end of the subsection.

44 In Schedule 9 (consequential amendments), omit paragraphs 93 and 126.

30Care Standards Act 2000 (c. 14)2000 (c. 14)

45 In Schedule 4 to the Care Standards Act 2000 (minor and consequential
amendments), omit paragraphs 3 and 17.

Criminal Justice and Court Services Act 2000 (c. 43)2000 (c. 43)

46 (1) Schedule 7 to the Criminal Justice and Court Services Act 2000 (minor and
35consequential amendments) is amended as follows.

(2) In paragraph 4(2), in the entry for the Children and Young Persons Act 1969,
omit the words from “section 23(4)” to “15 and 16 year old boys)),”.

(3) Omit paragraph 39.

Criminal Justice and Police Act 2001 (c. 16)2001 (c. 16)

47 40In the Criminal Justice and Police Act 2001, omit sections 130, 132 and 133(1).

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Courts Act 2003 (c. 39)2003 (c. 39)

48 In Schedule 8 to the Courts Act 2003 (minor and consequential
amendments), omit paragraph 135.

Extradition Act 2003 (c. 41)2003 (c. 41)

49 5In the Extradition Act 2003, omit section 201.

Criminal Justice Act 2003 (c. 44)2003 (c. 44)

50 The Criminal Justice Act 2003 is amended as follows.

51 In section 242 (interpretation of provisions about crediting periods of
remand in custody)—

(a) 10in subsection (2)(b), for the words from “or committed” to “that
section” substitute “to youth detention accommodation under
section 85(4) of the Legal Aid, Sentencing and Punishment of
Offenders Act 2012”, and

(b) omit subsection (3).

52 15In Schedule 32 (amendments relating to sentencing), omit paragraph 15.

Criminal Defence Service Act 2006 (c. 9)2006 (c. 9)

53 In section 4(2) of the Criminal Defence Service Act 2006 (provisions to which
certain consequential amendments apply), omit paragraphs (a) and (b).

Violent Crime Reduction Act 2006 (c. 38)2006 (c. 38)

54 20In the Violent Crime Reduction Act 2006, omit section 61.

Criminal Justice and Immigration Act 2008 (c. 4)2008 (c. 4)

55 In Schedule 26 to the Criminal Justice and Immigration Act 2008 (minor and
consequential amendments), omit paragraph 5.

Children and Young Persons Act 2008 (c. 23)2008 (c. 23)

56 25In Schedule 1 to the Children and Young Persons Act 2008 (children looked
after by local authorities: supplementary and consequential provision), omit
paragraph 8.

Offender Management Act 2007 (Consequential Amendments) Order 2008 (SI 2008/912SI 2008/912)

57 In Schedule 1 to the Offender Management Act 2007 (Consequential
30Amendments) Order 2008 (amendments of Acts), omit paragraph 13(6).

Policing and Crime Act 2009 (c. 26)2009 (c. 26)

58 In paragraph 14(3) of Schedule 5A to the Policing and Crime Act 2009
(detention order for breach of injunction: meaning of youth detention

Legal Aid, Sentencing and Punishment of Offenders BillPage 219

accommodation) for paragraph (c) substitute—

(c) a secure children’s home, as defined by section 96(11) of
the Legal Aid, Sentencing and Punishment of Offenders
Act 2012.

Section 104

5SCHEDULE 13 Crediting of time in custody

Part 1 Armed Forces amendments

1 The Armed Forces Act 2006 is amended as follows.

2 10In section 246 (crediting of time in service custody: terms of imprisonment
and detention), for subsections (2) to (5) substitute—

(2) The number of days for which the offender was kept in service
custody in connection with the offence in question or any related
offence since being so charged is to count as time served by the
15offender as part of the sentence.

But this is subject to subsections (2A) to (2C).

(2A) If, on any day on which the offender was kept in service custody, the
offender was also detained in connection with any other matter, that
day is not to count as time served.

(2B) 20A day counts as time served—

(a) in relation to only one sentence, and

(b) only once in relation to that sentence.

(2C) A day 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)
25of the 2003 Act).

3 (1) Section 247 (crediting of time in service custody: supplementary) is
amended as follows.

(2) In subsection (2)—

(a) after “in connection with other offences” insert “(but see section
30246(2B))”, and

(b) omit “, or has also been detained in connection with other matters”.

(3) After subsection (2) insert—

(2A) The reference in section 246(2A) to detention in connection with any
other matter does not include remand in custody in connection with
35another 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;