7(1)This paragraph applies where an offender—E+W
(a)is arrested under a warrant issued under paragraph 6, and
(b)cannot immediately be brought before the court before which the warrant directs the offender to be brought (“the relevant court”).
(2)The person in whose custody the offender is—
(a)may arrange for the offender to be detained in a place of safety for a period of not more than 72 hours from the time of the arrest, and
(b)must, within that period, bring the offender before a youth court [F1or, if the offender is aged 18 or over, a magistrates’ court other than a youth court.]
(3)A person detained in accordance with arrangements under sub-paragraph (2)(a) is deemed to be lawfully detained.
Textual Amendments
F1Words in Sch. 5 para. 7(2)(b) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(aa), Sch. 21 para. 7(2)
Commencement Information
I1Sch. 5 para. 7 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
8(1)Where the court before which the offender is brought under paragraph 7(2) (“the alternative court”) is not the relevant court, the alternative court may—E+W
(a)direct that the offender be released forthwith, or
(b)remand the offender.
(2)If the offender is aged under 18, the power in sub-paragraph (1)(b) is a power to remand the offender to accommodation provided by or on behalf of a local authority.
(3)Where a court remands an offender under this paragraph to accommodation provided by or on behalf of a local authority, it must designate the local authority which is to receive the offender.
(4)The designated authority must be—
(a)the local authority for the area in which the offender resides, or
(b)if it appears to the court that the offender does not reside in the area of a local authority, must be a local authority in whose area the offence or an associated offence was committed.
Commencement Information
I2Sch. 5 para. 8 in force at 1.12.2020 by S.I. 2020/1236, reg. 2