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Section 47(11).
1 In this Schedule“the court” means the High Court or a county court and includes—
(a) in relation to the High Court, a judge of that court, and
(b) in relation to a county court, a judge or district judge of that court.
2 (1) Where a court has power to remand a person under section 47, the court may—
(a) remand him in custody, that is to say, commit him to custody to be brought before the court at the end of the period of remand or at such earlier time as the court may require, or
(b) remand him on bail—
(i) by taking from him a recognizance (with or without sureties) conditioned as provided in sub-paragraph (3), or
(ii) by fixing the amount of the recognizances with a view to their being taken subsequently in accordance with paragraph 4 and in the meantime committing the person to custody in accordance with paragraph (a).
(2) Where a person is brought before the court after remand, the court may further remand him.
(3) Where a person is remanded on bail under sub-paragraph (1), the court may direct that his recognizance be conditioned for his appearance—
(a) before that court at the end of the period of remand, or
(b) at every time and place to which during the course of the proceedings the hearing may from time to time be adjourned.
(4) Where a recognizance is conditioned for a person’s appearance in accordance with sub-paragraph (1)(b), the fixing of any time for him next to appear shall be deemed to be a remand; but nothing in this sub-paragraph or sub-paragraph (3) shall deprive the court of power at any subsequent hearing to remand him afresh.
(5) Subject to paragraph 3, the court shall not remand a person under this paragraph for a period exceeding 8 clear days, except that—
(a) if the court remands him on bail, it may remand him for a longer period if he and the other party consent, and
(b) if the court adjourns a case under section 48(1), the court may remand him for the period of the adjournment.
(6) Where the court has power under this paragraph to remand a person in custody it may, if the remand is for a period not exceeding 3 clear days, commit him to the custody of a constable.
3 (1) If the court is satisfied that any person who has been remanded under paragraph 2 is unable by reason of illness or accident to appear or be brought before the court at the expiration of the period for which he was remanded, the court may, in his absence, remand him for a further time; and paragraph 2(5) shall not apply.
(2) Notwithstanding anything in paragraph 2(1), the power of the court under sub-paragraph (1) to remand a person on bail for a further time may be exercised by enlarging his recognizance and those of any sureties for him to a later time.
(3) Where a person remanded on bail under paragraph 2 is bound to appear before the court at any time and the court has no power to remand him under sub-paragraph (1), the court may in his absence enlarge his recognizance and those of any sureties for him to a later time; and the enlargement of his recognizance shall be deemed to be a further remand.
4 Where under paragraph 2(1)(b)(ii) the court fixes the amount in which the principal and his sureties, if any, are to be bound, the recognizance may thereafter be taken by such person as may be prescribed by rules of court, and the same consequences shall follow as if it had been entered into before the court.
Section 52.
1 After section 38 of the [1989 c. 41.] Children Act 1989 insert—
(1) Where—
(a) on being satisfied that there are reasonable grounds for believing that the circumstances with respect to a child are as mentioned in section 31(2)(a) and (b)(i), the court makes an interim care order with respect to a child, and
(b) the conditions mentioned in subsection (2) are satisfied,
the court may include an exclusion requirement in the interim care order.
(2) The conditions are—
(a) that there is reasonable cause to believe that, if a person (“the relevant person”) is excluded from a dwelling-house in which the child lives, the child will cease to suffer, or cease to be likely to suffer, significant harm, and
(b) that another person living in the dwelling-house (whether a parent of the child or some other person)—
(i) is able and willing to give to the child the care which it would be reasonable to expect a parent to give him, and
(ii) consents to the inclusion of the exclusion requirement.
(3) For the purposes of this section an exclusion requirement is any one or more of the following—
(a) a provision requiring the relevant person to leave a dwelling-house in which he is living with the child,
(b) a provision prohibiting the relevant person from entering a dwelling-house in which the child lives, and
(c) a provision excluding the relevant person from a defined area in which a dwelling-house in which the child lives is situated.
(4) The court may provide that the exclusion requirement is to have effect for a shorter period than the other provisions of the interim care order.
(5) Where the court makes an interim care order containing an exclusion requirement, the court may attach a power of arrest to the exclusion requirement.
(6) Where the court attaches a power of arrest to an exclusion requirement of an interim care order, it may provide that the power of arrest is to have effect for a shorter period than the exclusion requirement.
(7) Any period specified for the purposes of subsection (4) or (6) may be extended by the court (on one or more occasions) on an application to vary or discharge the interim care order.
(8) Where a power of arrest is attached to an exclusion requirement of an interim care order by virtue of subsection (5), a constable may arrest without warrant any person whom he has reasonable cause to believe to be in breach of the requirement.
(9) Sections 47(7), (11) and (12) and 48 of, and Schedule 5 to, the Family Law Act 1996 shall have effect in relation to a person arrested under subsection (8) of this section as they have effect in relation to a person arrested under section 47(6) of that Act.
(10) If, while an interim care order containing an exclusion requirement is in force, the local authority have removed the child from the dwelling-house from which the relevant person is excluded to other accommodation for a continuous period of more than 24 hours, the interim care order shall cease to have effect in so far as it imposes the exclusion requirement.
(1) In any case where the court has power to include an exclusion requirement in an interim care order, the court may accept an undertaking from the relevant person.
(2) No power of arrest may be attached to any undertaking given under subsection (1).
(3) An undertaking given to a court under subsection (1)—
(a) shall be enforceable as if it were an order of the court, and
(b) shall cease to have effect if, while it is in force, the local authority have removed the child from the dwelling-house from which the relevant person is excluded to other accommodation for a continuous period of more than 24 hours.
(4) This section has effect without prejudice to the powers of the High Court and county court apart from this section.
(5) In this section“exclusion requirement” and“relevant person” have the same meaning as in section 38A.”
2 In section 39 of the [1989 c. 41.] Children Act 1989 (discharge and variation etc. of care orders and supervision orders) after subsection (3) insert—
“(3A) On the application of a person who is not entitled to apply for the order to be discharged, but who is a person to whom an exclusion requirement contained in the order applies, an interim care order may be varied or discharged by the court in so far as it imposes the exclusion requirement.
(3B) Where a power of arrest has been attached to an exclusion requirement of an interim care order, the court may, on the application of any person entitled to apply for the discharge of the order so far as it imposes the exclusion requirement, vary or discharge the order in so far as it confers a power of arrest (whether or not any application has been made to vary or discharge any other provision of the order).”
3 After section 44 of the Children Act 1989 insert—
(1) Where—
(a) on being satisfied as mentioned in section 44(1)(a), (b) or (c), the court makes an emergency protection order with respect to a child, and
(b) the conditions mentioned in subsection (2) are satisfied,
the court may include an exclusion requirement in the emergency protection order.
(2) The conditions are—
(a) that there is reasonable cause to believe that, if a person (“the relevant person”) is excluded from a dwelling-house in which the child lives, then—
(i) in the case of an order made on the ground mentioned in section 44(1)(a), the child will not be likely to suffer significant harm, even though the child is not removed as mentioned in section 44(1)(a)(i) or does not remain as mentioned in section 44(1)(a)(ii), or
(ii) in the case of an order made on the ground mentioned in paragraph (b) or (c) of section 44(1), the enquiries referred to in that paragraph will cease to be frustrated, and
(b) that another person living in the dwelling-house (whether a parent of the child or some other person)—
(i) is able and willing to give to the child the care which it would be reasonable to expect a parent to give him, and
(ii) consents to the inclusion of the exclusion requirement.
(3) For the purposes of this section an exclusion requirement is any one or more of the following—
(a) a provision requiring the relevant person to leave a dwelling-house in which he is living with the child,
(b) a provision prohibiting the relevant person from entering a dwelling-house in which the child lives, and
(c) a provision excluding the relevant person from a defined area in which a dwelling-house in which the child lives is situated.
(4) The court may provide that the exclusion requirement is to have effect for a shorter period than the other provisions of the order.
(5) Where the court makes an emergency protection order containing an exclusion requirement, the court may attach a power of arrest to the exclusion requirement.
(6) Where the court attaches a power of arrest to an exclusion requirement of an emergency protection order, it may provide that the power of arrest is to have effect for a shorter period than the exclusion requirement.
(7) Any period specified for the purposes of subsection (4) or (6) may be extended by the court (on one or more occasions) on an application to vary or discharge the emergency protection order.
(8) Where a power of arrest is attached to an exclusion requirement of an emergency protection order by virtue of subsection (5), a constable may arrest without warrant any person whom he has reasonable cause to believe to be in breach of the requirement.
(9) Sections 47(7), (11) and (12) and 48 of, and Schedule 5 to, the Family Law Act 1996 shall have effect in relation to a person arrested under subsection (8) of this section as they have effect in relation to a person arrested under section 47(6) of that Act.
(10) If, while an emergency protection order containing an exclusion requirement is in force, the applicant has removed the child from the dwelling-house from which the relevant person is excluded to other accommodation for a continuous period of more than 24 hours, the order shall cease to have effect in so far as it imposes the exclusion requirement.
(1) In any case where the court has power to include an exclusion requirement in an emergency protection order, the court may accept an undertaking from the relevant person.
(2) No power of arrest may be attached to any undertaking given under subsection (1).
(3) An undertaking given to a court under subsection (1)—
(a) shall be enforceable as if it were an order of the court, and
(b) shall cease to have effect if, while it is in force, the applicant has removed the child from the dwelling-house from which the relevant person is excluded to other accommodation for a continuous period of more than 24 hours.
(4) This section has effect without prejudice to the powers of the High Court and county court apart from this section.
(5) In this section“exclusion requirement” and“relevant person” have the same meaning as in section 44A.”
4 In section 45 of the [1989 c. 41.] Children Act 1989 (duration of emergency protection orders and other supplemental provisions), insert after subsection (8)—
“(8A) On the application of a person who is not entitled to apply for the order to be discharged, but who is a person to whom an exclusion requirement contained in the order applies, an emergency protection order may be varied or discharged by the court in so far as it imposes the exclusion requirement.
(8B) Where a power of arrest has been attached to an exclusion requirement of an emergency protection order, the court may, on the application of any person entitled to apply for the discharge of the order so far as it imposes the exclusion requirement, vary or discharge the order in so far as it confers a power of arrest (whether or not any application has been made to vary or discharge any other provision of the order).”
5 In section 105(1) of the Children Act 1989 (interpretation), after the definition of “domestic premises”, insert—
““dwelling-house” includes—
(a) any building or part of a building which is occupied as a dwelling;
(b) any caravan, house-boat or structure which is occupied as a dwelling;
and any yard, garden, garage or outhouse belonging to it and occupied with it;”.
Family Law Act 1996