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Criminal Justice and Police Act 2001

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This is the original version (as it was originally enacted).

130Remands and committals to secure accommodation etc

This section has no associated Explanatory Notes

(1)Section 23 of the Children and Young Persons Act 1969 (c. 54) (remands and committals to local authority accommodation) shall be amended in accordance with subsections (2) to (4) below.

(2)In subsection (5) (conditions for the imposition of a security requirement), for paragraph (b) and the words after it there shall be substituted—

(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.

(3)After that subsection there shall be inserted—

(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 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.

(4)In subsection (6)(a) (statement in open court that the court is of the opinion mentioned in subsection (5)), for “(5)” there shall be substituted “(5AA)”.

(5)That section as it has effect pursuant to section 98 of the Crime and Disorder Act 1998 (c. 37) (alternative provision for 15 and 16 year old boys), shall so have effect with the further modifications set out in subsections (6) and (7).

(6)For subsection (5AA) there shall be substituted—

(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.

(7)In subsection (6)(a) (statement in open court that the court is of the opinion mentioned in subsection (5)), for “that subsection” there shall be substituted “subsection (5AA) above”.

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