Legal Aid, Sentencing and Punishment of Offenders Bill

Session 2010 - 12
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Legal Aid, Sentencing and Punishment of Offenders Bill

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 11 — Amendment of enactments relating to bail
230

      (2)
In sub-paragraph (1) “associated person” means a person who is
associated 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.
5
      (2)
In paragraph (b) for “section 14(1) of the Criminal Justice Act 2003”
substitute “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
10
Punishment of Offenders Act 2012”.
      (4)
After 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.”
15
Bail (Amendment) Act 1993 (c. 26)
32    (1)
Section 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
20
charged with, or convicted of, an offence punishable by
imprisonment, 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
25
(1).”
      (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)—
30
(a)
for “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)
35
33
In 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
40
34
In 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

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 12 — Remands of children otherwise than on bail: minor and consequential amendments
231

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
Bail (Amendment) Act 1993) omit subsections (4)(a) and (7)(a).
Schedule 12
5
Section 106

Remands of children otherwise than on bail: minor and consequential
amendments
Criminal Justice Act 1948 (c. 58)
1
Section 27 of the Criminal Justice Act 1948 (remand of persons aged 17 to 20)
is amended as follows.
10
2
In the heading, for “17” substitute “18”.
3
In subsection (1) for “seventeen” substitute “eighteen”.
Prison Act 1952 (c. 52)
4
In 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
15
paragraph (d) insert “and in which children who have been remanded to
youth detention accommodation under section 92(4) of the Legal Aid,
Sentencing and Punishment of Offenders Act 2012 may be detained”.
Children and Young Persons Act 1969 (c. 54)
5
The Children and Young Persons Act 1969 is amended as follows.
20
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)
Section 23B (report by local authority in certain cases where person
25
remanded on bail) is amended as follows.
      (2)
In subsection (2), at the end insert “under section 92(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 93(2) of the
Legal Aid, Sentencing and Punishment of Offenders Act 2012”.
30
      (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)
the requirements in section 95(3) and (4) or 96(3) and
35
(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”.

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 12 — Remands of children otherwise than on bail: minor and consequential amendments
232

      (5)
In subsection (7), in the definition of “serious offence”, after “means” insert
“(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
5
Extradition Act 2003—
(a)
an offence is a “serious offence” if the conduct constituting
the offence would, if committed in England and Wales,
constitute an offence punishable in the case of an adult with
imprisonment for a term of two years or more, and
10
(b)
the reference in subsection (1)(a) to a person being charged
with 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)—
15
(a)
in paragraph (b), omit sub-paragraph (iii), and
(b)
after that paragraph insert—
“(c)
from a place in which the child or young person has
been accommodated pursuant to a remand under
section 92 of the Legal Aid, Sentencing and
20
Punishment of Offenders Act 2012,”.
      (3)
In 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—
25
“(d)
where the child or young person was accommodated
pursuant to a remand under section 92(3) of the Legal Aid,
Sentencing and Punishment of Offenders Act 2012 (remands
to local authority accommodation), the designated authority
within the meaning of section 108(1) of that Act; or
30
(e)
where the child or young person was accommodated
pursuant to a remand under section 92(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
35
ages)—
(a)
in 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)
40
13
In Schedule 1 to the Local Authority Social Services Act 1970 (social services

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 12 — Remands of children otherwise than on bail: minor and consequential amendments
233

functions for the purposes of the Act), at the end insert—

“Legal Aid, Sentencing and

Punishment of Offenders Act

2012

Section 93
Functions in relation to a

5

child remanded to local

authority accommodation.”

Bail Act 1976 (c. 63)
14
The Bail Act 1976 is amended as follows.
15    (1)
Section 3AA (conditions for the imposition of electronic monitoring
10
requirements: children and young persons) is amended as follows.
      (2)
In subsection (3)(b), for “to local authority accommodation” substitute
“subject to a custodial remand”.
      (3)
For subsection (11) substitute—
“(11)
The references in subsection (3)(b) to an imprisonable offence
15
include a reference to an offence—
(a)
of which the child or young person has been convicted
outside England and Wales, and
(b)
which is equivalent to an offence that is punishable with
imprisonment in England and Wales.
20
(12)
The reference in subsection (3)(b) to a child or young person being
subject to a custodial remand is to the child or young person being—
(a)
remanded to local authority accommodation or youth
detention accommodation under section 92 of the Legal Aid,
Sentencing and Punishment of Offenders Act 2012,
25
(b)
remanded to local authority accommodation under section
23 of the Children and Young Persons Act 1969 or to prison
under that section as modified by section 98 of the Crime and
Disorder Act 1998 or under section 27 of the Criminal Justice
Act 1948, or
30
(c)
subject to a form of custodial detention in a country or
territory outside England and Wales while awaiting trial or
sentence in that country or territory or during a trial in that
country or territory.”
16
In section 7(6) (arrest for absconding or breaking conditions of bail: powers
35
of justice), for the words from “section 23” to the end of the subsection
substitute “section 92 of the Legal Aid, Sentencing and Punishment of
Offenders Act 2012 (remands of children otherwise than on bail)”.
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
40
end of the paragraph substitute “accommodation pursuant to a remand
under section 92(3) or (4) of the Legal Aid, Sentencing and Punishment of
Offenders Act 2012 (remands to local authority accommodation or youth
detention accommodation).”

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 12 — Remands of children otherwise than on bail: minor and consequential amendments
234

Child Abduction Act 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
children remanded to local authority accommodation etc), for “to a local
authority accommodation” substitute “otherwise than on bail”.
5
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
Children and Young Persons Act 1969,”,
(b)
in that sub-paragraph, at the end of paragraph (ba) insert “; or
10
(bb)
remanded to local authority accommodation or
youth detention accommodation under section 92
of the Legal Aid, Sentencing and Punishment of
Offenders Act 2012.”, and
(c)
in sub-paragraph (2)(a), after “place of safety” insert “, local authority
15
accommodation or youth detention accommodation”.
Police and Criminal Evidence Act 1984 (c. 60)
21
In section 17(1)(ca) of the Police and Criminal Evidence Act 1984 (powers of
entry and search of premises for purpose of arresting child or young person
remanded to local authority accommodation), for the words from “or
20
committed” to “that Act” substitute “to local authority accommodation or
youth detention accommodation under section 92 of the Legal Aid,
Sentencing and Punishment of Offenders Act 2012”.
Prosecution of Offences Act 1985 (c. 23)
22
In section 22(11) of the Prosecution of Offences Act 1985 (time limits in
25
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
remanded under section 92 of the Legal Aid, Sentencing and Punishment of
Offenders Act 2012”.
30
Children Act 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
kinds of children) omit sub-paragraph (i) (children on remand under section
23(1) of the Children and Young Persons Act 1969).
35
25
In Schedule 12 (minor amendments), omit paragraph 28(b).
Criminal Justice Act 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
40
case of child remanded or committed to local authority accommodation)—

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 12 — Remands of children otherwise than on bail: minor and consequential amendments
235

(a)
omit “or committed”, and
(b)
after “local authority accommodation” insert “under section 92(3) of
the Legal Aid, Sentencing and Punishment of Offenders Act 2012”.
29
Omit section 61 (provision by local authorities of secure accommodation).
30
Omit section 61A (cost of secure accommodation).
5
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”
substitute “to local authority accommodation or youth detention
10
accommodation under section 92 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
pursuant to such a remand”.
15
Bail (Amendment) Act 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
the age of 18”, and
20
(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)”.
Criminal Justice and Public Order Act 1994 (c. 33)
25
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)
36
The Crime and Disorder Act 1998 is amended as follows.
30
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 92(3) of the Legal Aid, Sentencing and Punishment of Offenders Act
2012”.
35
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
Persons Act 1969 as modified by section 98 of the Crime and
40
Disorder Act 1998), and
(b)
paragraph (k) (assistance to local authorities in discharging duty
under section 61 of the Criminal Justice Act 1991).

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 12 — Remands of children otherwise than on bail: minor and consequential amendments
236

39
In section 57A(3) (use of live link for accused’s attendance at preliminary or
sentencing 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 92
of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”.
5
40
Omit sections 97 and 98.
Access to Justice Act 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)
10
42
The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.
43
In 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—
15
“(c)
remanded to youth detention accommodation under
section 92(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.
20
44
In Schedule 9 (consequential amendments), omit paragraphs 93 and 126.
Care Standards Act 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)
25
46    (1)
Schedule 7 to the Criminal Justice and Court Services Act 2000 (minor and
consequential 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.
30
Criminal Justice and Police Act 2001 (c. 16)
47
In the Criminal Justice and Police Act 2001, omit sections 130, 132 and 133(1).
Courts Act 2003 (c. 39)
48
In Schedule 8 to the Courts Act 2003 (minor and consequential
amendments), omit paragraph 135.
35
Extradition Act 2003 (c. 41)
49
In the Extradition Act 2003, omit section 201.