Legal Aid, Sentencing and Punishment of Offenders Act 2012

107Interpretation of ChapterE+W
This section has no associated Explanatory Notes

(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

Commencement Information

I1S. 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))