Section 201: Remand to local authority accommodation
573.This section amends section 23 of the Children and Young Persons Act 1969 (and, consequently, section 98(1) of the Crime and Disorder Act 1998) in relation to the detention on remand of a child or young person in connection with extradition proceedings.
574.The effect of subsection (3) is that, where a child or young person who is the subject of extradition proceedings is not granted bail, remand is to be to local authority accommodation. That accommodation may be required to be secure accommodation only when all of the three conditions are met, as set out in subsections (4) to (7).
575.The first condition is that the person is 12 years of age (or older) and of a description prescribed by reference to age or sex or both by an order of the Secretary of State. The second condition is that:
the offence for which extradition is sought would, if committed in the United Kingdom by an adult, attract imprisonment for 14 years or more; and/or
the person has previously absconded from proceedings connected with the offence or from the extradition proceedings in question (whether in the United Kingdom or the requesting territory).
576.The third condition is that the court is of the opinion, after considering all the options, that only remanding the person to secure local authority accommodation would be adequate:
to protect the public from serious harm from him; or
to prevent the commission by him of imprisonable offences.
