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Legal Aid, Sentencing and Punishment of Offenders Act 2012

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This is the original version (as it was originally enacted).

97Liability to arrest for breaking conditions of remand
This section has no associated Explanatory Notes

(1)A child may be arrested without warrant by a constable if—

(a)the child has been remanded to local authority accommodation,

(b)conditions under section 93 have been imposed in respect of the child, and

(c)the constable has reasonable grounds for suspecting that the child has broken any of those conditions.

(2)Subject to subsection (3), a child arrested under subsection (1) must be brought before a justice of the peace—

(a)as soon as practicable, and

(b)in any event within the period of 24 hours beginning with the child’s arrest.

(3)If the child was arrested during the period of 24 hours ending with the time appointed for the child to appear before the court in pursuance of the remand, the child must be brought before the court before which the child was to have appeared.

(4)In reckoning a period of 24 hours for the purposes of subsection (2) or (3), no account is to be taken of Christmas Day, Good Friday or any Sunday.

(5)If a justice of the peace before whom a child is brought under subsection (2) is of the opinion that the child has broken any condition imposed in respect of the child under section 93, the justice of the peace must remand the child.

(6)Section 91 applies to a child in relation to whom subsection (5) applies as if—

(a)except in a case within paragraph (b), the child was then charged with or convicted of the offence for which the child had been remanded, or

(b)in the case of a child remanded in connection with extradition proceedings, the child was then appearing before the justice of the peace in connection with those proceedings.

(7)If a justice of the peace before whom a child is brought under subsection (2) is not of the opinion mentioned in subsection (5), the justice of the peace must remand the child to the place to which the child had been remanded at the time of the child’s arrest subject to the same conditions as those which had been imposed on the child at that time.

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