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Children and Young Persons Act 1969
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Changes over time for: Section 23
Version Superseded: 14/10/1991
Alternative versions:
- 01/02/1991- Amendment
- 01/02/1991
Point in time - 14/10/1991- Amendment
- 01/10/1992- Amendment
- 30/05/1995- Amendment
- 30/09/1998- Amendment
- Stop date 01/06/1999- Amendment
- 25/08/2000- Amendment
- 02/04/2001- Amendment
- 01/12/2001- Amendment
- 01/03/2002- Amendment
- 01/04/2002- Amendment
- 22/04/2002- Amendment
- 01/01/2004- Amendment
- 04/04/2005- Amendment
- 02/10/2006- Amendment
- 03/12/2012- Amendment
- 01/04/2013- Amendment
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23 Remand to care of local authorities etc.E+W
(1)Where a court—
(a)remands or commits for trial a child charged with homicide or remands a child convicted of homicide; or
(b)remands a young person charged with or convicted of one or more offences or commits him for trial or sentence,
and he is not released on bail, then, subject to the following provisions of this section, the court shall commit him to the care of a local authority in whose area it appears to the court that he resides or that the offence or one of the offences was committed.
(2)If the court aforesaid certifies that a young person is of so unruly a character that he cannot safely be committed to the care of a local authority under the preceding subsection, then if the court has been notified by the Secretary of State that a remand centre is available for the reception from the court of persons of his class or description, it shall commit him to a remand centre and, if it has not been so notified, it shall commit him to a prison.
(3)If, on the application of the local authority to whose care a young person is committed by a warrant under subsection (1) of this section, the court by which he was so committed or any magistrates’ court having jurisdiction in the place where he is for the time being certifies as mentioned in subsection (2) of this section, the provisions of the said subsection (2) relating to committal shall apply in relation to him and he shall cease to be committed in pursuance of the said subsection (1).
(4)The preceding provisions of this section shall have effect subject to the provisions of [F1section 37 of the M1Magistrates’ Courts Act 1980] (which relates to committal to [F2the Crown court] with a view to a [F3youth custody sentence]).
(5)In this section “court” and “magistrates’ court” include a justice; and notwithstanding anything in the preceding provisions of this section, [F4section 128(7) of the said Act of 1980] (which provides for remands to the custody of a constable for periods not exceeding three clear days) 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.
Textual Amendments
F1Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154(2), Sch. 7 para 83(a)
F2Words substituted by virtue of Courts Act 1971 (c. 23, SIF 37), Sch. 8 para. 34(1)
F3Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 14 para. 27
F4Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154(2), Sch. 7 para. 83(b)
Modifications etc. (not altering text)
C1S. 23(2)(3) restricted by Children Act 1975 (c. 72, SIF 49:9), s. 69; amended by S.I. 1979/125 and 1981/81, art. 2
Marginal Citations
M11980 c. 43(82).
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