Part 3Sentencing and Punishment of Offenders

C2CHAPTER 3Remands of children otherwise than on bail

Annotations:
Modifications etc. (not altering text)

Remands

I1C1C291C2Remands of children otherwise than on bail

1

This section applies where—

a

a court deals with a child charged with or convicted of one or more offences by remanding the child, and

b

the child is not released on bail.

2

This section also applies where—

a

a court remands a child in connection with extradition proceedings, and

b

the child is not released on bail.

3

Subject to subsection (4), the court must remand the child to local authority accommodation in accordance with section 92.

4

The court may instead remand the child to youth detention accommodation in accordance with section 102 where—

a

in the case of a child remanded under subsection (1), the first or second set of conditions for such a remand (see sections 98 and 99) is met in relation to the child, or

b

in the case of a child remanded under subsection (2), the first or second set of conditions for such a remand in an extradition case (see sections 100 and 101) is met in relation to the child.

F14A

Before deciding whether to remand a child to youth detention accommodation in accordance with section 102 the court must consider the interests and welfare of the child.

5

This section is subject to section 128(7) of the Magistrates' Courts Act 1980 (remands to police detention for periods of not more than 3 days); but that provision has effect in relation to a child as if for the reference to 3 clear days there were substituted a reference to 24 hours.

6

In this Chapter, “child” means a person under the age of 18.

7

References in this Chapter (other than in relation to extradition proceedings) to the remand of a child include a reference to—

a

the sending of a child for trial, and

b

the committal of a child for sentence,

and related expressions are to be construed accordingly.

8

Before the insertion of section 51A of the Crime and Disorder Act 1998 (sending cases to the Crown Court: children and young persons) by Schedule 3 to the Criminal Justice Act 2003 is fully in force, subsection (7) has effect as if it also referred to the committal of a child for trial.

9

Subsection (7) also applies to any provision of an Act other than this Act that refers (directly or indirectly) to the remand of a child under this section.