The Visits to Children in Detention (Wales) Regulations 2015

Circumstances specified for the purposes of section 97(1)(b) of the 2014 Act

3.  The circumstances prescribed for the purposes of section 97(1)(b) of the 2014 Act(1) are that a child, having been convicted of an offence by a court, is—

(a) detained pursuant to an order of a court in youth detention accommodation(2) or in prison(3), or

(b) is residing in approved premises(4).

(1)

Section 97(3) of the 2014 Act places a duty on a local authority to ensure that a child to whom the section applies is visited by a representative of the authority and to arrange for appropriate advice and other support to be available to a child to whom the section applies.

(2)

“Youth detention accommodation” is defined in section 188(1) of the 2014 Act and means–

(a) a secure children’s home,

(b) a secure training centre,

(c) a young offender institution,

(d) accommodation provided, equipped and maintained by the Welsh Ministers under section 82(5) of the Children Act 1989 for the purpose of restricting the liberty of children,

(e) accommodation, or accommodation of a description, for the time being specified by order under section 107(1)(e) of the Powers of Criminal Courts (Sentencing) Act 2000 (youth detention accommodation for purpose of detention and training orders).

A “secure children’s home” means a children’s home used for the purposes of restricting liberty and approved for that purpose in respect of which a person is registered under Part 2 of the Care Standards Act 2000;

“secure training centre” has the meaning given in section 43(1)(d) of the Prison Act 1952; and

“young offender institution” has the meaning given in section 43(1)(aa) of that Act.

(3)

“Prison” is defined in section 188(1) and 197(1) of the 2014 Act having the same meaning as in the Prison Act 1952 (c. 52) (see section 53(1) of that Act).

(4)

“Approved premises” is defined in section 188(1) of the 2014 as having the meaning given by section 13 of the Offenders Management Act 2007 (c. 21).