Remands to youth detention accommodation
516.A child can be only be remanded to youth detention accommodation under the provisions of this chapter if at least one of four sets of conditions set out in sections 99, 100, 101 or 102 is met.
Section 98: First set of conditions for a remand to youth detention accommodation
517.Section 98 applies to a child charged with or convicted of an offence and describes the first set of conditions that, if met, would allow the court to remand the child to youth detention accommodation. This set of conditions includes a requirement relating to the seriousness of the offence which must be either a violent or sexual offence or one that is punishable if committed by an adult with a sentence of imprisonment of fourteen years or more.
Section 99: Second set of conditions for a remand to youth detention accommodation
518.Section 99 defines an alternative set of conditions that would enable the court to remand a child charged or convicted of an offence to youth detention accommodation. This set of conditions focuses on the behaviour of the offender while on remand. It applies if the child faces a realistic prospect of receiving a custodial sentence. In these circumstances, if they have or are alleged to have committed an offence while on remand in custody and have a recent history of absconding while on remand, or, alternatively, the offence forms part of a recent history of committing imprisonable offences while on remand (on bail or in custody) then they may be remanded securely pursuant to this section.
Section 100: First set of conditions for a remand to youth detention accommodation: extradition cases
519.Section 100 sets out an equivalent set of conditions to those in Section 98, this time for a child in an extradition case.
Section 101: Second set of conditions for a remand to youth detention accommodation: extradition cases
520.Section 101 sets out an equivalent set of conditions to those in Section 99, this time for a child in an extradition case.
Section 102: Remands to youth detention accommodation
521.This section contains general provisions regarding arrangements when a child is remanded to youth detention accommodation.
522.It provides that the Secretary of State and the Youth Justice Board for England and Wales may direct that the child be placed in a youth detention establishment of one of the kinds in subsection (2) namely a secure children’s home, a secure training centre, a young offender institution or a new form of youth detention accommodation specified by the Secretary of State pursuant to the existing order-making power in section 107(1)(e) of the Powers of the Criminal Courts (Sentencing) Act 2000.
523.The Secretary of State, or the Youth Justice Board, must consult the local authority designated by the court before directing where the child must be placed. Subsection (7) specifies which authority may be designated.
524.Subsections (4) and (5) make specific provision regarding the giving of reasons and, in the case of the magistrates’ court, the recording of reasons for the remand.
