Court-Ordered Secure Remands and Remands to Prison Custody

Transcription

1 Court-Ordered Secure Remands and Remands to Prison Custody Guidance note to youth offending teams and secure establishments Author: Directorate of Secure Accommodation Placement and Casework Service July 2008 YJB

2 Contents Introduction 3 Court-ordered secure remands 4 Remand to prison custody 9 Warrants checklist 10 Section 23 Children and Young Persons Act 1969 with all amendments 12 Example of a court-ordered secure remand warrant 13 Example of a remand to custody warrant 14 Section 23 Children and Young Persons Act 1989 in relation to 15 and 16-year-old boys 19 and secure establishments 2

3 Introduction This guidance note has been produced to clarify for youth offending teams (YOTs) and secure establishments the differences between a court-ordered secure remand (COSR) and a remand to prison custody (RC). It outlines the legal basis for each order as interpreted by the Youth Justice Board for England and Wales (YJB), following consultation with Ministry of Justice lawyers. It is intended as a guide, and those with statutory duties and responsibilities under the legislation should satisfy themselves of their particular legal duties and responsibilities. The guidance note also clarifies the process and procedures for the placement of a child or young person made subject by a court to one of these orders. Sample court warrants are included for reference purposes. and secure establishments 3

4 Court-ordered secure remands These orders are available to courts for year-olds and 15 and 16-year-old girls, providing certain criteria are met. Boys aged 15 or 16 are also eligible providing they meet the stated criteria and the court is satisfied that they meet the vulnerability criteria in s 23(5A) of the Children and Young Persons Act Boys or girls made subject to this order can be placed by their local authority into a secure children s home or secure training centre (STC). The local authority is the placing authority; the YJB acts as a broker by providing vacancy information and negotiating on behalf of the local authority with the secure establishments. The costs of a COSR placement are shared between the YJB and the local authority on a two-thirds one-third basis respectively. 1 Legal basis for a court-ordered secure remand 1.1 Section 23(1) of the Children and Young Persons Act 1969 enables a court to remand a child or young person and, if it does so, that remand must be to local authority accommodation. 1.2 Section 23(4) of the Children and Young Persons Act 1969, as amended by s 97 of the Crime and Disorder Act 1998, enables a court, when remanding within s 23(1), to require that a local authority place the person to be remanded in secure accommodation. 1.3 Section 20 of the Children Act 1989 imposes a duty on a local authority to provide accommodation to a child who needs accommodation because s/he is not being cared for. 1.4 Section 23(5A) of the Children and Young Persons Act 1969 was modified by s 98 of the Crime and Disorder Act 1998, so that in respect of 15 or 16-year-old boys who, because of their physical or emotional immaturity or propensity to harm themselves, may be remanded by the court into secure accommodation or, if no secure accommodation is available, into prison custody. 1.5 Section 23(7A) of the Children and Young Persons Act 1969, as amended by s 133 of the Criminal Justice and Police Act 2001, provides that where a child or young person is remanded and made subject to a security requirement, the local authority may arrange for the child or young person to be detained in a STC. The consent of the Secretary of State must be obtained before a placement is made into a STC. 1.6 Section 21 of the Criminal Justice and Public Order Act 1994 makes provision for the payment for such remands. 1.7 Section 23(7B) of the Children and Young Persons Act 1969 allows arrangements made under s 27(7A) to include provision for payment to be made by the local authority to the Secretary of State. and secure establishments 4

5 1.8 Section 22(1) of the Children Act 1989 provides that a child who is either in the care of a local authority or is provided with accommodation by the authority in the exercise of any functions is to be regarded as a looked after child. 1.9 A child or young person placed into a STC or secure children s home is being provided with accommodation by the authority in the exercise of any functions under s 22(1) and is therefore regarded as a looked after child. 2 Summary 2.1 Children under 10 are below the age of criminal responsibility year-olds A court may decide to bail the child with or without conditions, or remand to local authority accommodation with or without conditions. The local authority may apply to hold the child in secure accommodation under s 25 of the Children Act 1989 if the criteria in the Children (Secure Accommodation) Regulations 1991 are met. There are no legal powers for this age group to be made subject to a COSR year-olds and year-old girls A court may decide to bail the child or young person with or without conditions, or remand to local authority accommodation with or without conditions. The local authority may apply to hold the child in secure accommodation under s 25 of the Children Act 1989 if the criteria in the Children (Secure Accommodation) Regulations 1991 are met. The court itself may decide to remand the child or young person to secure accommodation under s 23 of the Children and Young Persons Act 1969 if the criteria in that section are met year-old boys The same applies to this group as for year-olds and year-old girls, except that only if the court judges the young person to be particularly vulnerable because of their physical or emotional immaturity or propensity to harm themselves may it remand to secure accommodation under s 23 of the Children and Young Persons Act 1969, and only then if the criteria in s 23(5) are met and a secure place has been identified in advance year-old boys and girls A court can only remand this group to prison custody, not to secure accommodation. In certain circumstances, the local authority may apply to hold the young person in secure accommodation under s 25 of the Children Act Applications under s 25 of the Children Act 1989 In the case of a child under 13 years of age, the local authority must obtain prior approval from the Department for Children, Schools and Families Secretary of State before placing such a child in secure accommodation. This does not apply to a 12-year-old made subject by a court to a COSR. and secure establishments 5

6 3 Procedures: Court-ordered secure remands 3.1 A YOT will be informed when a young person is appearing at court. Where there is a likelihood that the criteria for a COSR will be met, the YOT must send the appropriate Electronic yellow envelope (Eye) documentation to the YJB Placement and Casework Service at least 24 hours in advance of the court hearing. The Eye documentation must include a completed Placement Alert Form and a completed Asset Core Profile, which must be less than one month old and pertain to the current offence, as well as any other risk and vulnerability information deemed necessary to safeguard the young person, at the time of assessment. In the case of an overnight arrest, an Asset Bail Profile (also known as Asset Bail Supervision and Support Profile) must be included with the Placement Alert Form. 3.2 There is a requirement for courts to consult with the local authority to ascertain the availability of secure accommodation across the country before an order is made. Since April 2000, the YJB Placement and Casework Service has established systems to advise local authorities of available places. 3.3 If a court is minded to make an order, the case should be adjourned so that the YOT worker at court can contact the YJB Placement and Casework Service to ascertain whether there are places available and where they are located. 3.4 In relation to 15 and 16-year-old boys, it is the responsibility of the local authority, normally excercised by the YOT worker at court, to provide the court with information as to the young person s likely vulnerability under s 23(5) of the Children and Young Persons Act Provided there are places available, the YJB Placement and Casework Service will forward the documents received from the YOT to the most appropriate secure children s home or STC by Secure . This will normally only take place once the YOT worker at court has either confirmed to the YJB Placement and Casework Service that the order has been made or that it is certain that the order will be made. The final choice as to which particular establishment takes the child or young person will be made by the YJB Placement and Casework Service after taking into account a range of factors, including distance from home and risk as determined by the YOT s assessment. These types of establishments have up to one hour in which to consider the paperwork. Staff from the preferred establishment may wish to discuss the young person directly with the YOT worker before they agree to the placement. Should an establishment decline a placement, and provide reasons to which the YJB Placement and Casework Service agree, referrals will be made to an alternative establishment. This will inevitably cause delays in the process. 3.6 At the conclusion of the court appearance, the YOT representative at court should complete a post-court report (PCR) and send it immediately to the YJB Placement and Casework Service. The PCR gives the YOT practitioner in court an opportunity to highlight any changes to the young person's risk and/or vulnerability as a result of the court decision. Once a placement has been arranged, the YJB Placement and Casework Service will issue a Placement Confirmation Form to the YOT and the allocated establishment. The YJB Placement and Casework Service will then send all available Eye documentation and secure establishments 6

7 (including the PCR) to the receiving establishment. First Night and Serious Vulnerability Alerts will be incorporated into the Placement Confirmation Form. 3.7 The YOT must ensure that the correct court warrant, together with the YJB Placement Confirmation Form, is placed into a Secure Escort Folder and passed to the secure escort contractor. This is an important point as a COSR warrant does not allow a YOI to admit and detain the child or young person. If the warrant is incorrect, the YOT must ensure that the court corrects it. The YJB is not in a position to do this. 3.8 Transport arrangements are the responsibility of the local authority, as are the holding arrangements, until the secure escort arrives at court. In the case of a remand to local authority accommodation (whether secure or non-secure), at present, because appropriate arrangements have not been made, neither prisoner custody officers nor custody officers can detain children and young people in court cells following the making of the order unless the child or young person is to appear before the court again on the same day. 1 Nor can they escort children or young people from court to secure accommodation. The local authority will need to make appropriate arrangements in these circumstances. The local authority may ask others to act on its behalf (e.g. the YOT) to detain the individual. The issue of holding arrangements are currently the subject of discussions between Her Majesty s Court Service, Prisoner Escort and Custody Services, Local Government Association, Ministry of Justice and the YJB to enable prison custody officers/custody officers to detain a child or young person subject to a COSR. The situation in relation to remands to prison (YOI) is different. Prisoner custody officers may hold such remanded young people in court cells and deliver them to a YOI. 3.9 Should a COSR be made by a court and the YJB Placement and Casework Service decides that the child or young person cannot be placed into any of the establishments commissioned by the YJB, the onus is on the local authority to find the most suitable alternative. This may include places available at secure children s homes outside of the YJB s contractural arrangements or open facilities. The YJB is unable to contribute to any arrangements made by a local authority in these circumstances In the case of 15 and 16-year-old boys, there may be situations when, despite the fact that the court may feel that the young person before them would meet the definition of vulnerability under s 23(5) of the Children and Young Persons Act 1969, there is no secure accommodation available at the time of the hearing. If this is the case, the initial remand will be made to prison (YOI), unless the court decides to make an alternative non-custodial order Any unplaced COSRs will be reviewed daily by the YJB Placement and Casework Service, who will remain in contact with the relevant YOT in order to assist the local authority in identifying a suitable secure place as soon as one becomes available. 1 Schedule 1 to the Criminal Justice and Public Order Act 1994, as amended by the Offender Management Act 2007, provides for the making of arrangements to enable custody officers to detain detained persons on court premises, including a person subject to COSR under s 23 of the Children and Young Persons Act Similar powers can be found in the Criminal Justice Act 1991, as amended. and secure establishments 7

8 3.12 For the 15 or 16-year-old boys who meet the vulnerability definition and have been placed in a YOI, it is the responsibility of the establishment or YOT, through the remand planning meetings, to contact the YJB Placement and Casework Service if they are of the view that the young person is unable to manage in that type of environment Where an individual s circumstances have changed and there are places available in a secure children s home or STC, the young person must be brought before the court that made the original remand to custody order for a COSR to be considered. The procedures outlined in paragraphs 3.3 to 3.8 should be followed. Up-to-date information, including the reasons why the young person was not deemed to be managing within a YOI, should be sent by Secure to the YJB Placement and Casework Service so that the YJB can seek the most appropriate placement on behalf of the local authority Once a COSR is placed into a secure children s home or STC, it is expected that the relevant local authority arrangements for the placement and review of looked after children will be implemented. If a local authority does not carry out its looked after childen duties, the secure children s home, STC or YJB may require the local authority to transfer the child or young person to an alternative placement organised and funded by the local authority. If this transfer is required, it must be completed by the local authority within 24 hours As the local authority has placement responsibility for a COSR, they may at any time transfer the child or young person to an alternative placement organised and funded by the local authority. and secure establishments 8

9 Remand to prison custody A remand to custody is an order made by a court where certain criteria apply and bail has been refused. It is available to 15 and 16-year-old boys, and 17-year-old boys and girls. Boys and girls are placed into YOIs commissioned by the YJB and are held on separate wings to those used for adults, although there may be a number of young adults waiting to move from the wing following their eighteenth birthday. 4 Legal basis for a remand into custody year-olds are regarded as adults for remand purposes and cannot be made subject to a COSR. 4.2 Section 27 of the Criminal Justice Act 1948 provides for the remand of 17 to 20- year-olds to prison (YOIs). 4.3 If 15 and 16-year-old males do not meet the criteria in s 23(4)(a) and (b), and (5A) of the Children and Young Persons Act 1969, as amended, then under s 23(4)(c) of that Act, the court may remand him to a prison. and secure establishments 9

10 Warrants checklist 5 Summary and 16-year-old boys may be remanded by a court direct to prison (YOI) custody, but only if strict conditions are met year-old boys and girls can only be remanded into prison custody. 6 Procedures: Remand to prison custody 6.1 A YOT will be informed when a young person is appearing at court. Where there is a likelihood of the criteria for a custodial remand being met, the YOT must send the appropriate Eye documentation to the YJB PLACEMENT AND CASEWORK SERVICE at least 24 hours in advance of the court hearing. The Eye documentation must include a completed Placement Alert Form and a completed Asset Core Profile, which must be less than one month old and pertain to the current offence, as well as any other risk and vulnerability information deemed necessary to safeguard the young person, at the time of assessment. In the case of an overnight arrest, an Asset Bail Profile (also known as Asset Bail Supervision and Support Profile) must be included with the Placement Alert Form. 6.2 Once the court has remanded the young person into custody, the YOT officer at court must contact the YJB Placement and Casework Service to advise of the court outcome, either electronically or by phone. Immediately thereafter, the YOT representative in court should complete a post-court report (PCR) and send it to the YJB Placement and Casework Service. The PCR gives the YOT practitioner in court an opportunity to highlight any changes to the young person's risk and/or vulnerability as a result of the court decision. The YJB Placement and Casework Service will allocate a place at the catchment YOI closest to the court (or the next nearest which has a vacancy). Once a placement has been arranged, the YJB Placement and Casework Service will issue a Placement Confirmation Form to the YOT and the allocated establishment. The YJB PLACEMENT AND CASEWORK SERVICE will then send all available Eye documentation (including the PCR) to the receiving establishment. First Night and Serious Vulnerability Alerts will be incorporated into the Placement Confirmation Form. 6.3 Transport arrangements are the responsibility of Prisoner Escort and Custody Services. The relevant contractor at court should be passed the warrant, Placement Confirmation Form and any other information ascertained during the post-remand interview. The YOT should use the Secure Escort Folder for this purpose. 6.4 Once placed in a YOI, the YOT and establishment are required under the National Standards for Youth Justice Services 2 to construct and review a remand 2 The National Standards for Youth Justice Services are being revised alongside new Case Management Guidance for YOTs, which will include guidance on the role of YOTs in court in relation to the whole and secure establishments 10

11 plan for the young person. Under these arrangements, if they are of the view that the young person is unable to manage in that type of environment, either the YOT, establishment or both of those parties should contact the YJB Placement and Casework Service to discuss the situation. The YJB Placement and Casework Service may agree to transfer the young person to another YOI or, in the case of a 15 or 16-year-old boy, propose that the YOT asks the court making the original order to consider making a COSR. The YOT can ask the court to do this regardless of whether it has been proposed by the YJB. 6.5 In relation to a 15 or 16-year-old boy, if the individual circumstances have changed and there are places available in a secure children s home or STC, it may be appropriate for the YOT to arrange for the young person to be brought back before the court that made the original remand to custody order for a COSR to be considered. The procedures outlined in paragraphs 3.3 to 3.8 should be followed. Up-to-date information, including the reasons why the young person was not deemed to be managing within a YOI, should be sent by Secure to the YJB Placement and Casework Service so that the the YJB can seek the most appropriate placement on behalf of the local authority. range of bail and remand issues. These will be introduced to coincide with the introduction of the Youth Rehabilitation Order in April and secure establishments 11

12 Section 23 Children and Young Persons Act 1969 with all amendments There are two types of remand orders: a) Court-ordered secure remand This is a remand to local authority accommodation with a security requirement. The local authority is responsible for the placement and transport arrangements. The young person is effectively looked after under s 23(5)(a) of the Children and Young Persons Act 1969 (amended by s 97 of the Crime and Disorder Act 1998). A young person made subject to this order may be placed into a local authority secure children s home or STC but not into a YOI. This applies to the following groups: boys and girls aged boys aged 15 and 16 and assessed by the court as vulnerable under the Children and Young Persons Act 1969 (amended by s 98 of the Crime and Disorder Act 1998) girls aged 15 and 16. b) Remand to custody This is a remand to prison custody and it is the responsibility of the Prison Escort and Court Services contractors (Global Solutions, Reliance or Serco) to undertake the escort. This applies for the following groups: boys aged girls aged 17. All warrants must be checked for accuracy before leaving a court. They must be signed, dated and reflect one of the above remand or sentenced categories. If there is any doubt as to whether or not the warrant is correct, the YJB P&CS must be contacted immediately. If the court order requires amending, it is the YOT s responsibility to ensure that this is done. YOIs, STCs and secure children s homes cannot admit or hold a young person without a valid warrant for their establishment type. The YJB Head of Placement and Casework Service has the discretion to authorise an admission out of office hours. This is obtained via the out of hours service. and secure establishments 12

13 Example of a court-ordered secure remand warrant Name of Youth Court Date: Defendant: Date of birth: Age: Address: Alleged Offence: Decision: The Court has adjourned the hearing of this case to date. And refused the Defendant bail. The Defendant is remanded into accommodation provided by or on behalf of the relevant Local Authority. The Court is satisfied that the provisions of Section 23(5) CYPA1969 apply to the Defendant and the Defendant poses a risk of serious harm to the public because: Reason (e.g. grave crime) The court has determined that the Defendant is a vulnerable young person as defined in Section 23(5)(A) CYPA1969. Direction: You, the officers of the relevant Local Authority, are to arrange for the provision of SECURE ACCOMMODATION for the Defendant until the next date of date at time. When the Defendant must be produced before the Court, unless the Defendant has previously been released on bail. By Order of the Court Signed Clerk of the Court and secure establishments 13

14 Example of a remand to custody warrant Date: Defendant: Date of birth: Age: Address: Alleged offence: Decision: Name of youth court. refused the defendant bail Direction: The Court has adjourned the hearing of this case to [insert date] and The Defendant is remanded into custody. You, the prisoner custody officers of [insert company, e.g. Securicor Custodial Services] are hereby required to convey the Defendant to [insert name of YOI] and deliver the Defendant to the Governor thereof. You, the Governor are to receive the defendant into your custody until the next [insert date] and [insert time] that the defendant must be produced before the court, unless the defendant has previously been released on bail. By Order of the Court Clerk of the Court [Insert signature] and secure establishments 14

15 23 Remands and committals to local authority accommodation (1) Where (a) a court remands a child or young person charged with or convicted of one or more offences or commits him for trial or sentence; and (b) he is not released on bail, the remand or committal shall be to local authority accommodation; and in the following provisions of this section (except subsection (1A)), any reference (however expressed) to a remand shall be construed as including a reference to a committal. (1A) Where a court remands a child or young person in connection with extradition proceedings and he is not released on bail the remand shall be to local authority accommodation. (2) A court remanding a person to local authority accommodation shall designate the local authority who are to receive him; and that authority shall be (a) in the case of a person 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 he resides or the offence or one of the offences was committed. (3) Where a person is remanded to local authority accommodation, it shall be lawful for any person acting on behalf of the designated authority to detain him. (4) Subject to subsections (5), (5ZA) and (5A) below, a court remanding a person to local authority accommodation may, after consultation with the designated authority, require that authority to comply with a security requirement, that is to say, a requirement that the person in question be placed and kept in secure accommodation. (5) A court shall not impose a security requirement in relation to a person remanded in accordance with subsection (1) above except in respect of a child who has attained the age of twelve, or a young person, who (in either case) is of a prescribed description, and then only if (a) he is charged with or has been convicted of a violent or sexual offence, or an offence punishable in the case of an adult with imprisonment for a term of fourteen years or more; or (b) he is charged with or has been convicted of one or more imprisonable offences which, together with any other imprisonable offences of which he has been convicted in any proceedings (i) amount, or (ii) would, if he were convicted of the offences with which he is charged, amount, to a recent history of repeatedly committing imprisonable offences while remanded on bail or to local authority accommodation, and (in either case) the condition set out in subsection (5AA) below is satisfied. and secure establishments 15

16 (5ZA) A court shall not impose a security requirement in relation to a person remanded in accordance with subsection (1A) above unless (a) he has attained the age of twelve and is of a prescribed description; (b) one or both of the conditions set out in subsection (5ZB) below is satisfied; and (c) the condition set out in subsection (5AA) below is satisfied. (5ZB) The conditions mentioned in subsection (5ZA)(b) above are (a) that the conduct constituting the offence to which the extradition proceedings relate would if committed in the United Kingdom constitute an offence punishable in the case of an adult with imprisonment for a term of fourteen years or more; (b) that the person has previously absconded from the extradition proceedings or from proceedings in the United Kingdom or the requesting territory which relate to the conduct constituting the offence to which the extradition proceedings relate. (5ZC) For the purposes of subsection (5ZB) above a person has absconded from proceedings if in relation to those proceedings (a) he has been released subject to a requirement to surrender to custody at a particular time and he has failed to surrender to custody at that time, or (b) he has surrendered into the custody of a court and he has at any time absented himself from the court without its leave. (5AA) The condition mentioned in subsections (5) and (5ZA) above is that the court is of the opinion, after considering all the options for the remand of the person, that only remanding him to local authority accommodation with a security requirement would be adequate (a) to protect the public from serious harm from him; or (b) to prevent the commission by him of imprisonable offences. (5A) A court shall not impose a security requirement in respect of a child or young person who is not legally represented in the court unless (a) he was granted a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service but the right was withdrawn because of his conduct or because it appeared that his financial resources were such that he was not eligible to be granted such a right; (aa) he applied for such representation and the application was refused because it appeared that his financial resources were such that he was not eligible to be granted a right to it; or (b) having been informed of his right to apply for such representation and had the opportunity to do so, he refused or failed to apply. (6) Where a court imposes a security requirement in respect of a person, it shall be its duty (a) to state in open court that it is of such opinion as is mentioned in subsection (5AA) above; and (b) to explain to him in open court and in ordinary language why it is of that opinion; and a magistrates' court shall cause a reason stated by it under paragraph (b) above to be specified in the warrant of commitment and to be entered in the register. and secure establishments 16

17 (7) Subject to section 23AA below, a court remanding a person to local authority accommodation without imposing a security requirement may, after consultation with the designated authority, require that person to comply with (a) any such conditions as could be imposed under section 3(6) of the Bail Act 1976 (c. 63) if he were then being granted bail; and (b) any conditions imposed for the purpose of securing the electronic monitoring of his compliance with any other condition imposed under this subsection. (7A) Where a person is remanded to local authority accommodation and a security requirement is imposed in respect of him (a) the designated local authority may, with the consent of the Secretary of State, arrange for the person to be detained, for the whole or any part of the period of the remand or committal, in a secure training centre; and (b) his detention there pursuant to the arrangements shall be lawful. (7B) Arrangements under subsection (7A) above may include provision for payments to be made by the authority to the Secretary of State. (8) Where a court imposes on a person any such conditions as are mentioned in subsection (7) above, it shall be its duty to explain to him in open court and in ordinary language why it is imposing those conditions; and a magistrates' court shall cause a reason stated by it under this subsection to be specified in the warrant of commitment and to be entered in the register. (9) A court remanding a person to local authority accommodation without imposing a security requirement may, after consultation with the designated authority, impose on that authority requirements (a) for securing compliance with any conditions imposed on that person under subsection (7) above; or (b) stipulating that he shall not be placed with a named person. (10) Where a person is remanded to local authority accommodation, a relevant court (a) may, on the application of the designated authority, impose on that person any such conditions as could be imposed under subsection (7) above if the court were then remanding him to such accommodation; and (b) where it does so, may impose on that authority any requirements for securing compliance with the conditions so imposed. (11) Where a person is remanded to local authority accommodation, a relevant court may, on the application of the designated authority or that person, vary or revoke any conditions or requirements imposed under subsection (7), (9) or (10) above. (12) In this section children's home has the same meaning as in the Care Standards Act 2000; court and magistrates court include a justice; extradition proceedings means proceedings under the Extradition Act 2003; imprisonable offence means an offence punishable in the case of an adult with imprisonment; and secure establishments 17

18 prescribed description means a description prescribed by reference to age or sex or both by an order of the Secretary of State; relevant court (a) in relation to a person remanded to local authority accommodation under subsection (1) above, means the court by which he was so remanded, or any magistrates' court having jurisdiction in the place where he is for the time being; (b) in relation to a person remanded to local authority accommodation under subsection (1A) above, means the court by which he was so remanded. requesting territory means the territory to which a person's extradition is sought in extradition proceedings; secure accommodation means accommodation which is provided in a children's home in respect of which a person is registered under Part II of the Care Standards Act 2000 for the purpose of restricting liberty, and is approved for that purpose by the Secretary of State or the National Assembly for Wales; sexual offence means an offence specified in Part 2 of Schedule 15 to the Criminal Justice Act 2003; violent offence means murder or an offence specified in Part 1 of Schedule 15 to the Criminal Justice Act 2003; young person means a person who has attained the age of fourteen years and is under the age of seventeen years. but, for the purposes of the definition of secure accommodation, local authority accommodation includes any accommodation falling within section 61(2) of the Criminal Justice Act (13) In this section (a) any reference to a person who is being looked after by a local authority shall be construed in accordance with section 22 of the Children Act 1989; (b) any reference to consultation shall be construed as a reference to such consultation (if any) as is reasonably practicable in all the circumstances of the case; and (c) any reference, in relation to a person charged with or convicted of a violent or sexual offence, to protecting the public from serious harm from him shall be construed as a reference to protecting members of the public from death or serious personal injury, whether physical or psychological, occasioned by further such offences committed by him. (14) This section has effect subject to (b) section 128(7) of that Act (remands to the custody of a constable for periods of not more than three days), but section 128(7) shall have effect in relation to a child or young person as if for the reference to three clear days there were substituted a reference to twenty-four hours. and secure establishments 18

19 Section 23 Children and Young Persons Act 1969 in relation to 15 and 16-year-old boys Section 23 in relation to any male aged 15 or 16 who is not of a description prescribed by s.23(5) and is not remanded in connection with proceedings under the Extradition Act 2003: 23 Remands and committals to local authority accommodation. (1) Where (a) a court remands a child or young person charged with or convicted of one or more offences or commits him for trial or sentence; and (b) he is not released on bail, then, unless he is remanded to a remand centre or a prison in pursuance of subsection (4)(b) or (c) below, the remand or committal shall be to local authority accommodation; and in the following provisions of this section, any reference (however expressed) to a remand shall be construed as including a reference to a committal. (2) A court remanding a person to local authority accommodation shall designate the local authority who are to receive him; and that authority shall be (a) in the case of a person 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 he resides or the offence or one of the offences was committed. (3) Where a person is remanded to local authority accommodation, it shall be lawful for any person acting on behalf of the designated authority to detain him. (4) Where a court, after consultation with an officer of a local probation board [, an officer of a provider of probation services], a social worker of a local authority or a member of a youth offending team, declares a person to be one to whom subsection (5) below applies (a) it shall remand him to local authority accommodation and require him to be placed and kept in secure accommodation, if (i) it also, after such consultation, declares him to be a person to whom subsection (5A) below applies; and (ii) it has been notified that secure accommodation is available for him; (b) it shall remand him to a remand centre, if paragraph (a) above does not apply and it has been notified that such a centre is available for the reception from the court of persons to whom subsection (5) below applies; and (c) it shall remand him to a prison, if neither paragraph (a) nor paragraph (b) above applies. and secure establishments 19

20 (4A) A court shall not declare a person who is not legally represented in the court to be a person to whom subsection (5) below applies unless (a) he was granted a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service but the right was withdrawn because of his conduct; or (b) having been informed of his right to apply for such representation and had the opportunity to do so, he refused or failed to apply. (5) This subsection applies to a person who (a) is charged with or has been convicted of a violent or sexual offence, or an offence punishable in the case of an adult with imprisonment for a term of fourteen years or more; or (b) has a recent history of absconding while remanded to local authority accommodation, and is charged with or has been convicted of an imprisonable offence alleged or found to have been committed while he was so remanded, if (in either case) the court is of opinion that only remanding him to a remand centre or prison, or to local authority accommodation with a requirement that he be placed and kept in secure accommodation, would be adequate to protect the public from serious harm from him. (5AA) The condition mentioned in subsection (5) above is that the court is of the opinion, after considering all the options for the remand of the person, that only remanding him to a remand centre or prison, or to local authority accommodation with a requirement that he be placed and kept in secure accommodation would be adequate (a) to protect the public from serious harm from him; or (b) to prevent the commission by him of imprisonable offences. (5A) This subsection applies to a person if the court is of opinion that, by reason of his physical or emotional immaturity or a propensity of his to harm himself, it would be undesirable for him to be remanded to a remand centre or a prison. (6) Where a court declares a person to be one to whom subsection (5) above applies, it shall be its duty (a) to state in open court that it is of such opinion as is mentioned in subsection (5AA) above; and (b) to explain to him in open court and in ordinary language why it is of that opinion; and a magistrates' court shall cause a reason stated by it under paragraph (b) above to be specified in the warrant of commitment and to be entered in the register. (7) Subject to section 23AA below 3, a court remanding a person to local authority accommodation without imposing a security requirement (that is to say, a requirement imposed under subsection (4)(a) above that the person be placed and kept in secure 3 Section 23AA is not quoted within this document. It is entitled Electronic monitoring of conditions of remand and can be found at cukpga_ _en_3#pt1-pb4-l1g37 and secure establishments 20

21 accommodation) may, after consultation with the designated authority, require that person to comply with (a) any such conditions as could be imposed under section 3(6) of the Bail Act 1976 (c. 63) if he were then being granted bail; and (b) any conditions imposed for the purpose of securing the electronic monitoring of his compliance with any other condition imposed under this subsection. (7A) Where a person is remanded to local authority accommodation and a security requirement is imposed in respect of him (a) the designated local authority may, with the consent of the Secretary of State, arrange for the person to be detained, for the whole or any part of the period of the remand or committal, in a secure training centre; and (b) his detention there pursuant to the arrangements shall be lawful. (7B) Arrangements under subsection (7A) above may include provision for payments to be made by the authority to the Secretary of State. (8) Where a court imposes on a person any such conditions as are mentioned in subsection (7) above, it shall be its duty to explain to him in open court and in ordinary language why it is imposing those conditions; and a magistrates' court shall cause a reason stated by it under this subsection to be specified in the warrant of commitment and to be entered in the register. (9) A court remanding a person to local authority accommodation without imposing a security requirement may, after consultation with the designated authority, impose on that authority requirements (a) for securing compliance with any conditions imposed on that person under subsection (7) above; or (b) stipulating that he shall not be placed with a named person. (9A) Where a person is remanded to local authority accommodation without the imposition of a security requirement, a relevant court may, on the application of the designated authority, declare him to be a person to whom subsection (5) above applies; and on its doing so, subsection (4) above shall apply. (10) Where a person is remanded to local authority accommodation, a relevant court (a) may, on the application of the designated authority, impose on that person any such conditions as could be imposed under subsection (7) above if the court were then remanding him to such accommodation; and (b) where it does so, may impose on that authority any requirements for securing compliance with the conditions so imposed. (11) Where a person is remanded to local authority accommodation, a relevant court may, on the application of the designated authority or that person, vary or revoke any conditions or requirements imposed under subsection (7), (9) or (10) above. (12) In this section children's home has the same meaning as in the Care Standards Act 2000; court and magistrates court' include a justice; and secure establishments 21

22 imprisonable offence means an offence punishable in the case of an adult with imprisonment; prescribed description means a description prescribed by reference to age or sex or both by an order of the Secretary of State; relevant court, in relation to a person remanded to local authority accommodation, means the court by which he was so remanded, or any magistrates' court having jurisdiction in the place where he is for the time being; secure accommodation means accommodation which is provided in a children's home in respect of which a person is registered under Part II of the Care Standards Act 2000 for the purpose of restricting liberty, and is approved for that purpose by the Secretary of State or the National Assembly for Wales; sexual offence means an offence specified in Part 2 of Schedule 15 to the Criminal Justice Act 2003; violent offence means murder or an offence specified in Part 1 of Schedule 15 to the Criminal Justice Act 2003; young person means a person who has attained the age of fourteen years and is under the age of seventeen years. but, for the purposes of the definition of secure accommodation, local authority accommodation includes any accommodation falling within section 61(2) of the Criminal Justice Act (13) In this section (a) any reference to a person who is being looked after by a local authority shall be construed in accordance with section 22 of the Children Act 1989; (b) any reference to consultation shall be construed as a reference to such consultation (if any) as is reasonably practicable in all the circumstances of the case; and (c) any reference, in relation to a person charged with or convicted of a violent or sexual offence, to protecting the public from serious harm from him shall be construed as a reference to protecting members of the public from death or serious personal injury, whether physical or psychological, occasioned by further such offences committed by him. (14) This section has effect subject to (b) section 128(7) of that Act (remands to the custody of a constable for periods of not more than three days), but section 128(7) shall have effect in relation to a child or young person as if for the reference to three clear days there were substituted a reference to twenty-four hours and secure establishments 22