Extradition Act 2003

201 Remand to local authority accommodation E+W

(1) Section 23 of the Children and Young Persons Act 1969 (c. 54) (remand to local authority accommodation) is amended as set out in subsections (2) to (11).

(2) In subsection (1) after “following provisions of this section” insert “ (except subsection (1A)) ”.

(3) After subsection (1) insert—

“(1A) Where a court remands a child or young person in connection with extradition proceedings and he is not released on bail the remand shall be to local authority accommodation.”

(4) In subsection (4) after “subsections (5)” insert “ , (5ZA) ”.

(5) In subsection (5) after “security requirement” insert “ in relation to a person remanded in accordance with subsection (1) above ”.

(6) After subsection (5) insert—

“((5ZA)) A court shall not impose a security requirement in relation to a person remanded in accordance with subsection (1A) above unless—

(a) he has attained the age of twelve and is of a prescribed description;

(b) one or both of the conditions set out in subsection (5ZB) below is satisfied; and

(c) the condition set out in subsection (5AA) below is satisfied.

((5ZB)) The conditions mentioned in subsection (5ZA)(b) above are—

(a) that the conduct constituting the offence to which the extradition proceedings relate would if committed in the United Kingdom constitute an offence punishable in the case of an adult with imprisonment for a term of fourteen years or more;

(b) that the person has previously absconded from the extradition proceedings or from proceedings in the United Kingdom or the requesting territory which relate to the conduct constituting the offence to which the extradition proceedings relate.

((5ZC)) For the purposes of subsection (5ZB) above a person has absconded from proceedings if in relation to those proceedings—

(a) he has been released subject to a requirement to surrender to custody at a particular time and he has failed to surrender to custody at that time, or

(b) he has surrendered into the custody of a court and he has at any timeabsented himself from the court without its leave.”

(7) In subsection (5AA) for “subsection (5)” substitute “ subsections (5) and (5ZA) ”.

(8) In subsection (12) for the definition of “relevant court”substitute—

““relevant court”—

(a) in relation to a person remanded to local authority accommodation under subsection (1) above, means the court by which he was so remanded, or any magistrates'court having jurisdiction in the place where he is for the time being;

(b) in relation to a person remanded to local authority accommodation under subsection (1A) above, means the court by which he was so remanded.”

(9) In subsection (12) in the appropriate places insert—

““extradition proceedings” means proceedings under the Extradition Act 2003;”;

““requesting territory” means the territory to which a person’s extradition is sought in extradition proceedings;”.

(10) In section 98(1)of the Crime and Disorder Act 1998 (c. 37) (modifications of section 23 of the Children and Young Persons Act 1969 (c. 54) in relation to 15 and 16 year old boys) after paragraph (b) insert “; and

(c) is not remanded in connection with proceedings under the Extradition Act 2003.”

Commencement Information

I1 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))