Part 3 U.K.Sentencing and Punishment of Offenders

CHAPTER 3 E+WRemands of children otherwise than on bail

Modifications etc. (not altering text)

C1 Pt. 3 Ch. 3 applied (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), regs. 1(b), 91(10) (with reg. 91(11))

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);

• [F1 “terrorism 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).

[F2 (6) In this Chapter, references to a child who is looked after by a local authority are to be construed—

(a) in relation to a local authority in England, in accordance with section 22 of the Children Act 1989;

(b) in relation to a local authority in Wales, in accordance with section 74 of the Social Services and Well-being (Wales) Act 2014]

(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).

Textual Amendments

F1 Words in s. 107(1) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(3), Sch. 4 para. 13(6) (with s. 25(3)(4))

F2 S. 107(6) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 289

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))