Explanatory Notes

Legal Aid, Sentencing and Punishment of Offenders Act 2012

2012 CHAPTER 10

1 May 2012

Commentary

Part 3: Sentencing and punishment of offenders

Chapter 3: Remands of children otherwise than on bail
Remands to youth detention accommodation
Section 102: Remands to youth detention accommodation

521.This section contains general provisions regarding arrangements when a child is remanded to youth detention accommodation.

522.It provides that the Secretary of State and the Youth Justice Board for England and Wales may direct that the child be placed in a youth detention establishment of one of the kinds in subsection (2) namely a secure children’s home, a secure training centre, a young offender institution or a new form of youth detention accommodation specified by the Secretary of State pursuant to the existing order-making power in section 107(1)(e) of the Powers of the Criminal Courts (Sentencing) Act 2000.

523.The Secretary of State, or the Youth Justice Board, must consult the local authority designated by the court before directing where the child must be placed. Subsection (7) specifies which authority may be designated.

524.Subsections (4) and (5) make specific provision regarding the giving of reasons and, in the case of the magistrates’ court, the recording of reasons for the remand.