In section 38 of the M1Police and Criminal Evidence Act 1984 (duties of custody officer after charge), for subsections (6) and (6A) there shall be substituted the following subsections—
“(6)Where a custody officer authorises an arrested juvenile to be kept in police detention under subsection (1) above, the custody officer shall, unless he certifies—
(a)that, by reason of such circumstances as are specified in the certificate, it is impracticable for him to do so; or
(b)in the case of an arrested juvenile who has attained the age of 15 years, that no secure accommodation is available and that keeping him in other local authority accommodation would not be adequate to protect the public from serious harm from him,
secure that the arrested juvenile is moved to local authority accommodation.
(6A)In this section—
“local authority accommodation” means accommodation provided by or on behalf of a local authority (within the meaning of the Children Act 1989);
“secure accommodation” means accommodation provided for the purpose of restricting liberty;
“sexual offence” and “violent offence” have the same meanings as in Part I of the Criminal Justice Act 1991;
and any reference, in relation to an arrested juvenile charged with a violent or sexual offence, to protecting the public from serious harm from him shall be construed as a reference to protecting members of the public from death or serious personal injury, whether physical or psychological, occasioned by further such offences committed by him.”
Commencement Information
I1S. 59 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
Marginal Citations