Legal Aid, Sentencing and Punishment of Offenders Bill

Session 2010 - 12
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Other Bills before Parliament

Legal Aid, Sentencing and Punishment of Offenders Bill

Legal Aid, Sentencing and Punishment of Offenders Bill
Part 3 — Sentencing and Punishment of Offenders
Chapter 3 — Remands of children otherwise than on bail
77

95
Requirements for electronic monitoring
(1)
The requirements referred to in section 94(2)(a) (requirements for imposing
electronic monitoring condition: non-extradition cases) are those set out in
subsections (2) to (6).
(2)
The first requirement is that the child has reached the age of twelve.
5
(3)
The second requirement is that the offence mentioned in section 92(1), or one
or more of those offences, is an imprisonable offence.
(4)
The third requirement is that—
(a)
the offence mentioned in section 92(1), or one or more of those offences,
is a violent or sexual offence or an offence punishable in the case of an
10
adult with imprisonment for a term of 14 years or more, or
(b)
the offence or offences mentioned in section 92(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
15
imprisonable offences while on bail or subject to a custodial remand.
(5)
The fourth requirement is that the court is satisfied that the necessary provision
for electronic monitoring can be made under arrangements currently available
in each local justice area which is a relevant area.
(6)
The fifth requirement is that a youth offending team has informed the court
20
that, in its opinion, the imposition of an electronic monitoring condition will be
suitable in the child’s case.
(7)
For the purposes of this section, a local justice area is a relevant area in relation
to a proposed electronic monitoring condition if the court considers that it will
not be practicable to secure the electronic monitoring in question unless
25
electronic monitoring arrangements are available in that area.
(8)
In this Chapter—
“electronic monitoring condition” means a condition imposed on a child
remanded to local authority accommodation for the purpose of
securing the electronic monitoring of the child’s compliance with
30
conditions imposed under section 94(1) or (5);
“imprisonable offence” means—
(a)
an offence punishable in the case of an adult with
imprisonment, or
(b)
in relation to an offence of which a child has been accused or
35
convicted outside England and Wales, an offence equivalent to
an offence that, in England and Wales, is punishable in the case
of an adult with imprisonment;
“sexual offence” means an offence specified in Part 2 of Schedule 15 to the
Criminal Justice Act 2003;
40
“violent offence” means murder or an offence specified in Part 1 of
Schedule 15 to the Criminal Justice Act 2003;
“youth offending team” means a team established under section 39 of the
Crime and Disorder Act 1998.
(9)
References in this Chapter to a child being subject to a custodial remand are to
45
the child being—

Legal Aid, Sentencing and Punishment of Offenders Bill
Part 3 — Sentencing and Punishment of Offenders
Chapter 3 — Remands of children otherwise than on bail
78

(a)
remanded to local authority accommodation or youth detention
accommodation, or
(b)
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.
5
(10)
The reference in subsection (9) to a child being remanded to local authority
accommodation or youth detention accommodation includes—
(a)
a child being remanded to local authority accommodation under
section 23 of the Children and Young Persons Act 1969, and
(b)
a child being remanded to prison under that section as modified by
10
section 98 of the Crime and Disorder Act 1998 or under section 27 of the
Criminal Justice Act 1948.
96
Requirements for electronic monitoring: extradition cases
(1)
The requirements referred to in section 94(2)(b) (requirements for imposing
electronic monitoring condition: extradition cases) are those set out in
15
subsections (2) to (6).
(2)
The first requirement is that the child has reached the age of twelve.
(3)
The second requirement is that the offence to which the extradition
proceedings relate, or one or more of those offences, is an imprisonable offence.
(4)
The third requirement is that—
20
(a)
the conduct constituting the offence to which the extradition
proceedings relate, or one or more of those offences, would, if
committed in England and Wales, constitute a violent or sexual offence
or an offence punishable in the case of an adult with imprisonment for
a term of 14 years or more, or
25
(b)
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 committing
imprisonable offences while on bail or subject to a custodial remand.
30
(5)
The fourth requirement is that the court is satisfied that the necessary provision
for electronic monitoring can be made under arrangements currently available
in each local justice area which is a relevant area.
(6)
The fifth requirement is that a youth offending team has informed the court
that, in its opinion, the imposition of an electronic monitoring condition will be
35
suitable in the child’s case.
(7)
For the purposes of this section, a local justice area is a relevant area in relation
to a proposed electronic monitoring condition if the court considers that it will
not be practicable to secure the electronic monitoring in question unless
electronic monitoring arrangements are available in that area.
40
97
Further 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.
45

Legal Aid, Sentencing and Punishment of Offenders Bill
Part 3 — Sentencing and Punishment of Offenders
Chapter 3 — Remands of children otherwise than on bail
79

(3)
The Secretary of State may make rules for regulating—
(a)
the electronic monitoring of compliance with conditions imposed
under section 94(1) or (5), and
(b)
in particular, the functions of persons made responsible by virtue of
subsection (1) of this section.
5
(4)
Rules 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.
10
98
Liability 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 94 have been imposed in respect of the child,
and
15
(c)
the 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
20
(b)
in 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
25
appeared.
(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
30
child under section 94, the justice of the peace must remand the child.
(6)
Section 92 applies to a child in relation to whom subsection (5) applies as if—
(a)
except 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
35
proceedings, the child was then appearing before the justice of the
peace in connection with those proceedings.
(7)
If 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
40
of the child’s arrest subject to the same conditions as those which had been
imposed on the child at that time.

Legal Aid, Sentencing and Punishment of Offenders Bill
Part 3 — Sentencing and Punishment of Offenders
Chapter 3 — Remands of children otherwise than on bail
80

Remands to youth detention accommodation
99
First set of conditions for a remand to youth detention accommodation
(1)
For the purposes of section 92(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—
5
(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)).
10
(2)
The age condition is that the child has reached the age of twelve.
(3)
The offence condition is that the offence mentioned in section 92(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
15
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
detention accommodation would be adequate—
(a)
to protect the public from death or serious personal injury (whether
20
physical 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.
25
(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
purposes of the proceedings, but was withdrawn—
(i)
because of the child’s conduct, or
30
(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
such that the child was not eligible for such representation, or
35
(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.
100
Second set of conditions for a remand to youth detention accommodation
(1)
For the purposes of section 92(4)(a), the second set of conditions for a remand
40
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)
the offence condition (see subsection (4)),
45

Legal Aid, Sentencing and Punishment of Offenders Bill
Part 3 — Sentencing and Punishment of Offenders
Chapter 3 — Remands of children otherwise than on bail
81

(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)
and (9)).
5
(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 92(1) or one or more of those offences.
(4)
The offence condition is that the offence mentioned in section 92(1), or one or
10
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
remand, and
(b)
the offence mentioned in section 92(1), or one or more of those offences,
15
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
section 92(1), together with any other imprisonable offences of which the child
20
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 on bail or subject to a custodial
remand.
(7)
The necessity condition is that the court is of the opinion, after considering all
25
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
by the child, or
30
(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—
35
(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,
40
(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
having had the opportunity to do so, the child refused or failed to
45
apply.

Legal Aid, Sentencing and Punishment of Offenders Bill
Part 3 — Sentencing and Punishment of Offenders
Chapter 3 — Remands of children otherwise than on bail
82

(10)
In this Chapter “custodial sentence” means a sentence or order mentioned in
section 76(1) of the Powers of Criminal Courts (Sentencing) Act 2000.
(11)
The reference in subsection (5)(b) to a child being remanded to local authority
accommodation or youth detention accommodation includes—
(a)
a child being remanded to local authority accommodation under
5
section 23 of the Children and Young Persons Act 1969, and
(b)
a child being remanded 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.
101
First set of conditions for a remand to youth detention accommodation:
10
extradition cases
(1)
For the purposes of section 92(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)
the age condition (see subsection (2)),
15
(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.
20
(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 England and Wales, constitute—
(a)
a violent or sexual offence, or
(b)
an offence punishable in the case of an adult with imprisonment for a
25
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
detention accommodation would be adequate—
(a)
to protect the public from death or serious personal injury (whether
30
physical 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.
35
(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
purposes of the proceedings, but was withdrawn—
(i)
because of the child’s conduct, or
40
(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
such that the child was not eligible for such representation, or
45

Legal Aid, Sentencing and Punishment of Offenders Bill
Part 3 — Sentencing and Punishment of Offenders
Chapter 3 — Remands of children otherwise than on bail
83

(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.
102
Second set of conditions for a remand to youth detention accommodation:
extradition cases
5
(1)
For the purposes of section 92(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)),
10
(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)
the first or second legal representation condition (see subsections (8)
15
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
convicted in England and Wales of an offence equivalent to the offence to
which the extradition proceedings relate or one or more of those offences, there
20
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
relate, or one or more of those offences, is an imprisonable offence.
(5)
The first history condition is that—
25
(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
committed while the child was subject to a custodial remand.
30
(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
committing imprisonable offences while on bail or subject to a custodial
35
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)
to protect the public from death or serious personal injury (whether
40
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.
45