312AChildren subject to detention

1

No provision of, or made under, this Part applies in relation to a child who is subject to a detention order and detained in relevant youth accommodation.

2

The following provisions of this section apply where a child who has been subject to a detention order is released having, immediately before release, been detained in relevant youth accommodation.

3

Subject to subsection (6), a statement which was maintained for the child by a F1local authority under section 324 immediately before the beginning of the detention is, from the child's release, to be treated as being maintained by that authority under section 324.

4

In subsection (3) “the beginning of the detention” means—

a

the beginning of the period of detention in relevant youth accommodation, or

b

where that period is part of a continuous period, comprising periods of detention in relevant youth accommodation and in other accommodation, the beginning of that continuous period.

5

For the purposes of subsection (4), it is immaterial whether or not a period of detention is pursuant to a single order.

6

Where, on the child's release, a F1local authority (“the new authority”) other than the authority mentioned in subsection (3) (“the old authority”) becomes responsible for the child for the purposes of this Part—

a

the old authority must transfer the statement to the new authority, and

b

from the child's release, the statement is to be treated as being maintained by the new authority under section 324.

aa

where the child concerned—

i

has been subject to a detention order, and

ii

immediately before release was detained in relevant youth accommodation,

on the child's release from detention,