Criminal Justice and Public Order Act 1994

Arrest of young persons in breach of conditions of remand E+W

23 Liability of young persons to arrest for breaking conditions of remand. E+W

After section 23 of the M1 Children and Young Persons Act 1969 there shall be inserted the following section—

“23A Liability to arrest for breaking conditions of remand.

(1) A person who has been remanded or committed to local authority accommodation and in respect of whom conditions under subsection (7) or (10) of section 23 of this Act have been imposed may be arrested without warrant by a constable if the constable has reasonable grounds for suspecting that that person has broken any of those conditions.

(2) A person arrested under subsection (1) above—

(a) shall, except where he was arrested within 24 hours of the time appointed for him to appear before the court in pursuance of the remand or committal, be brought as soon as practicable and in any event within 24 hours after his arrest before a justice of the peace for the petty sessions area in which he was arrested; and

(b) in the said excepted case shall be brought before the court before which he was to have appeared.

In reckoning for the purposes of this subsection any period of 24 hours, no account shall be taken of Christmas Day, Good Friday or any Sunday.

(3) A justice of the peace before whom a person is brought under subsection (2) above—

(a) if of the opinion that that person has broken any condition imposed on him under subsection (7) or (10) of section 23 of this Act shall remand him; and that section shall apply as if he was then charged with or convicted of the offence for which he had been remanded or committed;

(b) if not of that opinion shall remand him to the place to which he had been remanded or committed at the time of his arrest subject to the same conditions as those which had been imposed on him at that time.”.

Commencement Information

I1 S. 23 wholly in force at 3.2.1995; s. 23 not in force at Royal Assent see s. 172; s. 23 in force at 3.2.1995 by S.I. 1995/127, art. 2(1), Sch. 1 (with savings in art. 2(2)(3), Sch. 2)

Marginal Citations

M1 1969 c. 54.