Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)

Part 3 U.K. Sentencing and Punishment of Offenders

CHAPTER 3 E+W Remands of children otherwise than on bail

Supplementary E+W

107 Interpretation of Chapter E+W

(1) In this Chapter—

• “child” has the meaning given by section 91(6);

• “court” and “magistrates' court” include a justice of the peace;

• “custodial sentence” has the meaning given by section 99(10);

• “the designated authority”—

  (a)

  in relation to a child remanded to local authority accommodation, means the local authority that is designated by the court under section 92(2) to receive the child;

  (b)

  in relation to a child remanded to youth detention accommodation, means the local authority that is designated by the court under section 102(6) as the designated authority for the child;

• “electronic monitoring condition” has the meaning given by section 94(8);

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

• “imprisonable offence” has the meaning given by section 94(8);

• “local authority” means—

  (a)

  a county council;

  (b)

  a county borough council;

  (c)

  a district council for an area for which there is no county council;

  (d)

  a London borough council;

  (e)

  the Common Council of the City of London;

  (f)

  the Council of the Isles of Scilly;

• “secure children's home” has the meaning given by section 102(11);

• “sexual offence” has the meaning given by section 94(8);

• “violent offence” has the meaning given by section 94(8);

• “youth offending team” has the meaning given by section 94(8).

(2) In this Chapter, references to the remand of a child, and related expressions, are to be construed in accordance with section 91(7) and (8).

(3) In this Chapter, references to a remand to local authority accommodation, and related expressions, are to be construed in accordance with section 92(1).

(4) In this Chapter, references to a child being subject to a custodial remand are to be construed in accordance with section 94(9).

(5) In this Chapter, references to a remand to youth detention accommodation, and related expressions, are to be construed in accordance with section 102(1).

(6) In this Chapter, references to a child who is looked after by a local authority are to be construed in accordance with section 22 of the Children Act 1989.

(7) Subsections (3) and (5) are subject to sections 94(10) and 99(11) (references to remand to local authority accommodation or youth detention accommodation to include such a remand under section 23 of the Children and Young Persons Act 1969 or a remand to prison).

Commencement Information

I1 S. 107 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(c) (with art. 7(1)(3))