Office of Public Sector Information

20 Secure remands for young offenders

In section 23(5) of the [1969 c. 54.] Children and Young Persons Act 1969 (as substituted by section 60 of the [1991 c. 53.] Criminal Justice Act 1991) (conditions for imposing a security requirement in case of young persons remanded to local authority accommodation), for the words “young person who has attained the age of fifteen” there shall be substituted the words—

(a) “person who has attained the age of fourteen”;

(b) “person who has attained the age of thirteen”; or

(c) “person who has attained the age of twelve”;

but no substitution may be brought into force on more than one occasion.

21 Cost of secure accommodation

After section 61 of the Criminal Justice Act 1991 there shall be inserted the following section—

“61A Cost of secure accommoda- tion

(1) The Secretary of State may, in relation to any costs incurred by a local authority in discharging their duty under section 61(1) above—

(a) defray such costs to such extent as he considers appropriate in any particular case;

(b) defray a proportion to be determined by him from time to time of such costs; and

(c) defray or contribute to such costs in accordance with a tariff to be determined by him from time to time.

(2) The Secretary of State may require any person providing secure accommodation to transmit to him, at such times and in such form as he may direct, such particulars as he may require with respect to any costs to which this section applies.

(3) Payments under this section shall be made out of money provided by Parliament.”.

22 Management of secure accommodation

(1) The Children Act 1989 shall be amended as follows.

(2) In section 53 (provision and management of community homes)—

(a) in subsection (3) (homes which may be community homes)—

(i) in paragraph (a), for the words “managed, equipped and maintained” there shall be substituted the words “equipped, maintained and (subject to subsection (3A)) managed”; and

(ii) in paragraph (b)(i), for the words “management, equipment and maintenance” there shall be substituted the words “equipment, maintenance and (subject to subsection (3B)) management”; and

(b) after subsection (3) there shall be inserted the following subsections—

“(3A) A local authority may make arrangements for the management by another person of accommodation provided by the local authority for the purpose of restricting the liberty of children.

(3B) Where a local authority are to be responsible for the management of a community home provided by a voluntary organisation, the local authority may, with the consent of the body of managers constituted by the instrument of management for the home, make arrangements for the management by another person of accommodation provided for the purpose of restricting the liberty of children.”.

(3) In Part II of Schedule 4 (management of controlled and assisted community homes)—

(a) in paragraph 3(4), after the word “managers” there shall be inserted the words “, except in so far as, under section 53(3B), any of the accommodation is to be managed by another person.”; and

(b) in paragraph 3(5), after the word “body” there shall be inserted the words “; and similarly, to the extent that a contract so provides, as respects anything done, liability incurred or property acquired by a person by whom, under section 53(3B), any of the accommodation is to be managed”.

Arrest of young persons in breach of conditions of remand

23 Liability of young persons to arrest for breaking conditions of remand

After section 23 of the [1969 c. 54.] 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.”.

Police detention of young persons

24 Detention of arrested juveniles after charge

In section 38(6) of the [1984 c. 60.] Police and Criminal Evidence Act 1984 (detention of arrested juveniles after charge), in paragraph (b), for the words “age of 15 years” there shall be substituted the words “age of 12 years”.