The Recovery of Costs (Remand to Youth Detention Accommodation) (Amendment) Regulations 2024

Statutory Instruments

2024 No. 327

CRIMINAL LAW, ENGLAND AND WALES

The Recovery of Costs (Remand to Youth Detention Accommodation) (Amendment) Regulations 2024

Made

4th March 2024

Laid before Parliament

11th March 2024

Coming into force

1st April 2024

The Secretary of State makes these Regulations in exercise of the powers conferred by section 103(2)(a) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012(1).

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Recovery of Costs (Remand to Youth Detention Accommodation) (Amendment) Regulations 2024 and come into force on 1st April 2024.

(2) These Regulations extend to England and Wales.

Amendments to the Recovery of Costs (Remand to Youth Detention Accommodation) Regulations 2013

2.  Regulation 3 of the Recovery of Costs (Remand to Youth Detention Accommodation) Regulations 2013(2) (liability for costs of a child being subject to a remand to youth detention accommodation) is amended as follows—

(a) in paragraph (4)(j), after “2023” insert “(but before 1st April 2024)”;

(b) after paragraph (4)(j), insert—

“(k) on or after 1st April 2024, £329.”;

(c) in paragraph (5)(o), after “2023” insert “(but before 1st April 2024)”;

(d) after paragraph (5)(o), insert—

“(p) on or after 1st April 2024, £921.”;

(e) in paragraph (6)(l), after “2023” insert “(but before 1st April 2024)”;

(f) after paragraph (6)(l), insert—

“(m) on or after 1st April 2024, £887 (except where the secure children’s home is a secure 16 to 19 Academy(3), where the applicable amount is £772).”.

Edward Argar

Minister of State

Ministry of Justice

4th March 2024

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Recovery of Costs (Remand to Youth Detention Accommodation) Regulations 2013 (S.I. 2013/507) by inserting a new amount that designated authorities are liable to pay the Secretary of State in respect of each night which a child is detained on remand in a young offender institution (increased from £328 to £329), a secure training centre (increased from £838 to £921) and a secure children’s home (increased from £834 to £887). Where the secure children’s home is a secure 16 to 19 Academy, the amount is £772. A secure 16 to 19 Academy is a new type of youth detention accommodation as defined in section 1B(7) of the Academies Act 2010 (c. 32) and is a type of secure children’s home under the Children’s Homes (England) Regulations 2015 (S.I. 2015/541) for which a separate applicable amount applies.

(1)

2012 c. 10.

(2)

S.I. 2013/507; relevant amending instruments are S.I. 2013/2243, 2014/562, 2014/981, 2014/2931, 2015/569, 2016/330, 2017/230, 2017/1147, 2018/250, 2018/498, 2018/1126, 2019/508, 2020/241, 2021/287, 2022/274, 2023/310.

(3)

“Secure 16 to 19 Academy” is defined in section 1B(7) of the Academies Act 2010 (c. 32); “secure children’s home” is defined in regulation 2(1) of the Children’s Homes (England) Regulations 2015 (S.I. 2015/541) and includes a secure 16 to 19 Academy; S.I. 2015/541 was made under the powers conferred by section 14A of the Interpretation Act 1978 and sections 1(4A), 22(1), (1A), (2)(a) to (d), (f) to (j), (5), (7)(a) to (h), (j), 34(1), 35(1) and 118(5) to (7) of the Care Standards Act 2000.