(1)In subsection (4) of section 23 of the 1969 Act (remands and committals to local authority accommodation), for the words “Subject to subsection (5) below,” there shall be substituted the words “ Subject to subsections (5) and (5A) below, ”.
(2)In subsection (5) of that section, for the words “a young person who has attained the age of fifteen” there shall be substituted the words “ a child who has attained the age of twelve, or a young person, who (in either case) is of a prescribed description ”.
(3)After that subsection there shall be inserted the following subsection—
“(5A)A court shall not impose a security requirement in respect of a child or young person who is not legally represented in the court unless—
(a)he applied for legal aid and the application was refused on the ground that it did not appear his means were such that he required assistance; or
(b)having been informed of his right to apply for legal aid and had the opportunity to do so, he refused or failed to apply.”
(4)In subsection (12) of that section, after the definition of “imprisonable offence” there shall be inserted the following definition—
““prescribed description” means a description prescribed by reference to age or sex or both by an order of the Secretary of State;”.
(5)Section 20 of the 1994 Act (which has not been brought into force and is superseded by this section) is hereby repealed.
Commencement Information
I1S. 97 wholly in force at 1.6.1999; S. 97 not in force at Royal Assent see s. 121; In force at 30.9.1998 for the purpose of making an order under section 23 of the 1969 Act by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8); s. 97 in force at 1.6.1999 insofar as not already in force by S.I. 1999/1279, art. 2(d)