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

(b) conditions under section 87 have been imposed in respect of the child,
and

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

(2) 5Subject 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) in any event within the period of 24 hours beginning with the child’s
arrest.

(3) 10If 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
appeared.

(4) In reckoning a period of 24 hours for the purposes of subsection (2) or (3), no
15account 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 87, the justice of the peace must remand the child.

(6) Section 85 applies to a child in relation to whom subsection (5) applies as if—

(a) 20except 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) 25If 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.

30Remands to youth detention accommodation

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

(1) For the purposes of section 85(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) 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 offence mentioned in section 85(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
a term of 14 years or 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.

93 25Second set of conditions for a remand to youth detention accommodation

(1) For the purposes of section 85(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) 30the 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) the necessity condition (see subsection (7)), and

(f) 35the 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 there is a real
prospect that the child will be sentenced to a custodial sentence for the offence
40mentioned in section 85(1) or one or more of those offences.

(4) The offence condition is that the offence mentioned in section 85(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
45authority accommodation or youth detention accommodation, and

(b) the offence mentioned in section 85(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) 5The second history condition is that the offence or offences mentioned in
section 85(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) 10on bail,

(b) remanded 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
15detention 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.

(8) 20The 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) representation was provided to the child under Part 1 of this Act for the
25purposes 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
30refused 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.

(10) 35In this Chapter “custodial sentence” means a sentence or order mentioned in
section 76(1) of the Powers of Criminal Courts (Sentencing) Act 2000.

(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
40and Young Persons Act 1969.

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

(1) For the purposes of section 85(4)(b), the first set of conditions for a remand to
youth detention accommodation in an extradition case is met in relation to a
45child 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)
and (6)).

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

(3) 5The 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) an offence punishable in the case of an adult with imprisonment for a
10term of 14 years or 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
15physical 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) 20The 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) 25because 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) 30having 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.

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

(1) 35For the purposes of section 85(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) 40the 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)
45and (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 of those offences, there
would be a real prospect that the child would be sentenced to a custodial
5sentence for that offence or those offences.

(4) The offence condition is that the offence to which the extradition proceedings
relate, 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 subject to a custodial
10remand, 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
15extradition 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) 20The 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
25by 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
30represented 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
35such 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
40having had the opportunity to do so, the child refused or failed to
apply.

96 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
45directs in the child’s case.

(2) Those kinds of accommodation are—

(a) a secure children’s home,

(b) a secure training centre,

(c) a young offender institution, and

(d) accommodation, or accommodation of a description, for the time being
specified by order under section 107(1)(e) of the Powers of Criminal
5Courts (Sentencing) Act 2000 (youth detention accommodation for
purposes of detention and training order provisions).

(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
10must—

(a) state in open court that it is of the opinion mentioned in section 92(4),
93(7), 94(4) or 95(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) 15A 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
20must designate a local authority as the designated authority for the child for
the purposes of—

(a) subsection (8),

(b) regulations under section 97 (arrangements for remands), and

(c) section 98 (looked after child status).

(7) 25That 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
30offences was committed.

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

(9) A function of the Secretary of State under this section (other than the function
of making regulations) is exercisable by the Youth Justice Board for England
35and Wales concurrently with the Secretary of State.

(10) The Secretary of State may by regulations provide that subsection (9) is not to
apply, either generally or in relation to a particular description of case.

(11) In this Chapter “secure children’s home” means accommodation which is
provided in a children’s home, within the meaning of the Care Standards Act
402000—

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

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

(12) Before the coming into force in relation to England of section 107(2) of the
45Health and Social Care (Community Health and Standards) Act 2003,

subsection (11) has effect as if it defined “secure children’s home” in relation to
England as accommodation which—

(a) is provided in a children’s home, within the meaning of the Care
Standards Act 2000, in respect of which a person is registered under
5Part 2 of that Act, and

(b) is approved by the Secretary of State for the purpose of restricting the
liberty of children.

Supplementary

97 Arrangements for remands

(1) 10The Secretary of State may make arrangements for or in connection with the
accommodation in secure children’s homes, or accommodation within section
96(2)(d), of children remanded to youth detention 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
15costs 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
functions) read with section 92(3) of that Act, or

(ii) 20paragraph 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) the Secretary of State;

(b) 25a 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) The Secretary of State may make payments to a local authority for the purpose
of enabling the authority —

(a) 30to exercise functions under section 86(4) (duty to receive and
accommodate child remanded to local authority accommodation);

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

(5) A function of the Secretary of State under this section (other than the function
of making regulations) is exercisable by the Youth Justice Board for England
35and Wales concurrently with the Secretary of State.

(6) The power to make regulations under subsection (2) includes power to make
provision about the recovery of costs by the Youth Justice Board for England
and Wales.

(7) The Secretary of State may by regulations provide that subsection (5), or
40provision made by virtue of subsection (6), is not to apply, either generally or
in relation to a particular description of case.

98 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
5made 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) In this section “Act” includes an Act or Measure of the National Assembly for
Wales.

99 10Minor and consequential amendments

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

100 Regulations under this Chapter

(1) Regulations under this Chapter are to be made by statutory instrument.

(2) 15Regulations under this Chapter may—

(a) make different provision for different cases;

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

(3) A statutory instrument containing regulations under this Chapter is subject to
20annulment in pursuance of a resolution of either House of Parliament, subject
to subsection (4).

(4) A statutory instrument containing regulations under section 96(10) or 97(7)
(whether alone or with any other provision) may not be made unless a draft of
the instrument has been laid before, and approved by a resolution of, each
25House of Parliament.

101 Interpretation of Chapter

(1) In this Chapter—

• “child” has the meaning given by section 85(6);

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

• 30“custodial sentence” has the meaning given by section 93(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 86(2) to receive the child;

  (b)

  35in relation to a child remanded to youth detention
  accommodation, means the local authority that is designated by
  the court under section 96(6) as the designated authority for the
  child;

• “electronic monitoring condition” has the meaning given by section 88(8);

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

• “imprisonable offence” has the meaning given by 88(8) (and see section
  89(8));

Legal Aid, Sentencing and Punishment of Offenders BillPage 78

• “local authority” means—

  (a)

  a county council;

  (b)

  a county borough council;

  (c)

  a district council for an area for which there is no county
  5council;

  (d)

  a London borough council;

  (e)

  the 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 96(11);

• 10“sexual offence” has the meaning given by section 88(8);

• “violent offence” has the meaning given by section 88(8);

• “youth offending team” has the meaning given by section 88(8).

(2) In this Chapter, references to the remand of a child, and related expressions,
are to be construed in accordance with section 85(7) and (8).

(3) 15In this Chapter, references to a remand to local authority accommodation, and
related expressions, are to be construed in accordance with section 86(1).

(4) In this Chapter, references to a child being subject to a custodial remand are to
be construed in accordance with section 89(9).

(5) In this Chapter, references to a remand to youth detention accommodation,
20and related expressions, are to be construed in accordance with section 96(1).

(6) 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.

(7) Subsections (3) and (5) are subject to sections 88(9), 89(10) and 93(11)
(references to remand to local authority accommodation or youth detention
25accommodation to include such a remand under section 23 of the Children and
Young Persons Act 1969).

CHAPTER 4 Release on licence etc

Calculation of days to be served

102 Crediting of periods of remand in custody

(1) 30Omit section 240 of the Criminal Justice Act 2003 (court to direct that remand
time 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) 35This section applies where—

(a) an offender is serving a term of imprisonment in respect of an
offence, and

(b) the offender has been remanded in custody (within the
meaning given by section 242) in connection with the offence or
40a related offence.

(2) It 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) 5The number of days for which the offender was remanded in custody
in 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
10offender was also detained in connection with any other matter, that
day 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) 15A 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)).

(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) 20is to be treated as being imposed by the order under which it
takes 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
25same facts or evidence as offence A.

(9) For 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
30if—

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

(b) where 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) 35The reference in subsection (4) to detention in connection with any
other matter does not include remand in custody in connection with
another offence but includes—

(a) detention pursuant to any custodial sentence;

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

(c) 40committal for want of sufficient distress to satisfy any sum of
money;

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

(11) This section applies to a determinate sentence of detention under
45section 91 or 96 of the Sentencing Act or section 227 or 228 of this Act as
it applies to an equivalent sentence of imprisonment.”