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Legal Aid, Sentencing and Punishment of Offenders Act 2012

Section 103: Arrangements for remands

525.Section 103 gives the Secretary of State, and the Youth Justice Board, the power to make arrangements for accommodation in a secure children’s home for those children who are subject to a remand to youth detention accommodation. Existing legislation enables the Secretary of State to make arrangements for remands to secure training centres and young offender institutions.

526.Subsections (2) and (6) give the Secretary of State the power to make regulations (subject to the negative resolution procedure in Parliament) enabling the Secretary of State, the Youth Justice Board or another provider of youth detention accommodation to recover the costs of youth detention accommodation from designated local authorities. It also gives the power to recover associated costs, such as those for providing transport for the child from the court to the chosen form of accommodation.

527.Conversely, subsection (4) gives the Secretary of State the power to make payments to a local authority for the purpose of enabling it to exercise its functions in respect of children who are remanded to local authority accommodation or to make payments in respect of remands to youth detention accommodation.

528.Subsection (7) allows the Secretary of State to provide by regulations that those of his functions that are capable of being exercised concurrently by the Youth Justice Board are to be exercised solely by the Secretary of State either generally or in relation to a particular type of case. Such regulations are subject to the affirmative resolution procedure.

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