23BReport by local authority in certain cases where person remanded on bail

1

Subsection (2) below applies where a court remands a person aged 10 or 11 on bail and either—

a

the person is charged with or has been convicted of a serious offence, or

b

in the opinion of the court the person is a persistent offender.

2

The court may order a local authority to make an oral or written report specifying where the person is likely to be placed or maintained if he is further remanded to local authority accommodation.

3

An order under subsection (2) above must designate the local authority which is to make the report; and that authority must be the local authority which the court would have designated under section 23(2) of this Act if the person had been remanded to local authority accommodation.

4

An order under subsection (2) above must specify the period within which the local authority must comply with the order.

5

The maximum period that may be so specified is seven working days.

6

If the Secretary of State by order so provides, subsection (2) above also applies where—

a

a court remands on bail any person who has attained the age of 12 and is under the age of 17,

b

the requirement in section 23AA(3) of this Act is fulfilled, and

c

in a case where he is remanded after conviction, the court is satisfied that the behaviour which constituted the offence was due, to a significant extent, to the circumstances in which the offender was living.

7

In this section—

• “serious offence” means an offence punishable in the case of an adult with imprisonment for a term of two years or more.

• “working day” means any day other than—

  1. a

     a Saturday or a Sunday,

  2. b

     Christmas day or Good Friday, or

  3. c

     a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971.