Part 3

Sentencing and Punishment of Offenders
CHAPTER 3

Remands of children otherwise than on bail

Supplementary

Interpretation of Chapter
107
1
In this Chapter—
- “child” has the meaning given by section 91(6);
- “court” and “magistrates' court” include a justice of the peace;
- “custodial sentence” has the meaning given by section 99(10);
- “the designated authority”—
  1. in relation to a child remanded to local authority accommodation, means the local authority that is designated by the court under section 92(2) to receive the child;
  2. in relation to a child remanded to youth detention accommodation, means the local authority that is designated by the court under section 102(6) as the designated authority for the child;
- “electronic monitoring condition” has the meaning given by section 94(8);
- “extradition proceedings” means proceedings under the Extradition Act 2003;
- “imprisonable offence” has the meaning given by section 94(8);
- “local authority” means—
  1. a county council;
  2. a county borough council;
  3. a district council for an area for which there is no county council;
  4. a London borough council;
  5. the Common Council of the City of London;
  6. the Council of the Isles of Scilly;
- “secure children's home” has the meaning given by section 102(11);
- “sexual offence” has the meaning given by section 94(8);
- “
terrorism offence
” has the meaning given by section 94(8);
- “violent offence” has the meaning given by section 94(8);
- “youth offending team” has the meaning given by section 94(8).
2
In this Chapter, references to the remand of a child, and related expressions, are to be construed in accordance with section 91(7) and (8).
3
In this Chapter, references to a remand to local authority accommodation, and related expressions, are to be construed in accordance with section 92(1).
4
In this Chapter, references to a child being subject to a custodial remand are to be construed in accordance with section 94(9).
5
In this Chapter, references to a remand to youth detention accommodation, and related expressions, are to be construed in accordance with section 102(1).
6
In this Chapter, references to a child who is looked after by a local authority are to be construed—
a
in relation to a local authority in England, in accordance with section 22 of the Children Act 1989;
b
in relation to a local authority in Wales, in accordance with section 74 of the Social Services and Well-being (Wales) Act 2014
7
Subsections (3) and (5) are subject to sections 94(10) and 99(11) (references to remand to local authority accommodation or youth detention accommodation to include such a remand under section 23 of the Children and Young Persons Act 1969 or a remand to prison).
S. 107 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(c) (with art. 7(1)(3))
Words in s. 107(1) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(3), Sch. 4 para. 13(6) (with s. 25(3)(4))
Pt. 3 Ch. 3 applied (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), regs. 1(b), 91(10) (with reg. 91(11))
S. 107(6) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 289