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Legal Aid, Sentencing and Punishment of Offenders Act 2012, SCHEDULE 12 is up to date with all changes known to be in force on or before 30 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Section 105
1E+WSection 27 of the Criminal Justice Act 1948 (remand of persons aged 17 to 20) is amended as follows.
2E+WIn the heading, for “17” substitute “ 18 ”.
3E+WIn subsection (1) for “seventeen” substitute “ eighteen ”.
4E+WIn section 43(1) of the Prison Act 1952 (power of Secretary of State to provide young offender institutions, secure training centres etc), at the end of paragraph (d) insert “ and in which children who have been remanded to youth detention accommodation under section 91(4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 may be detained ”.
5E+WThe Children and Young Persons Act 1969 is amended as follows.
6E+WOmit section 23 (remands and committals to local authority accommodation).
Commencement Information
I1Sch. 12 para. 6 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
7E+WOmit section 23AA (electronic monitoring of conditions of remand).
Commencement Information
I2Sch. 12 para. 7 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
8E+WOmit section 23A (liability to arrest for breaking conditions of remand).
Commencement Information
I3Sch. 12 para. 8 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
9(1)Section 23B (report by local authority in certain cases where person remanded on bail) is amended as follows.E+W
(2)In subsection (2), at the end insert “ under section 91(3) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. ”
(3)In subsection (3), for “section 23(2) of this Act” substitute “ section 92(2) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.
(4)In subsection (6)—
(a)in paragraph (a), for “17” substitute “ 18 ”, and
(b)for paragraph (b) and the “and” at the end of that paragraph substitute—
“(b)the requirements in section 94(3) and (4) or 95(3) and (4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 would have been fulfilled if the person had not been remanded on bail, and”.
(5)In subsection (7), in the definition of “serious offence”, after “means” insert “ (subject to subsection (8)) ”.
(6)After subsection (7) insert—
“(8)For the purposes of the application of this section to a person remanded on bail in connection with proceedings under the Extradition Act 2003—
(a)an offence is a “serious offence” if the conduct constituting the offence would, if committed in England and Wales, constitute an offence punishable in the case of an adult with imprisonment for a term of two years or more, and
(b)the reference in subsection (1)(a) to a person being charged with a serious offence includes a reference to the person having been accused of such an offence.”
10(1)Section 32 (detention of absentees) is amended as follows.E+W
(2)In subsection (1A)—
(a)in paragraph (b), omit sub-paragraph (iii), and
(b)after that paragraph insert—
“(c)from a place in which the child or young person has been accommodated pursuant to a remand under section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012,”.
(3)In subsection (1B), for the “or” at the end of paragraph (b) substitute—
“(ba)the place mentioned in subsection (1A)(c); or”.
(4)In subsection (1C), for paragraph (d) and the “or” preceding that paragraph substitute—
“(d)where the child or young person was accommodated pursuant to a remand under section 91(3) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (remands to local authority accommodation), the designated authority within the meaning of section 107(1) of that Act; or
(e)where the child or young person was accommodated pursuant to a remand under section 91(4) of that Act (remands to youth detention accommodation), the Secretary of State.”
Commencement Information
I4Sch. 12 para. 10 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
11E+WIn section 34(1) (transitional modifications of Part 1 for persons of specified ages)—
(a)in paragraph (c) omit “, 23(1)”, and
(b)omit paragraph (e).
Commencement Information
I5Sch. 12 para. 11 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
12E+WIn section 69 (orders and regulations etc) omit subsection (4A).
Commencement Information
I6Sch. 12 para. 12 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
13E+WIn Schedule 1 to the Local Authority Social Services Act 1970 (social services functions for the purposes of the Act), at the end insert—
“Legal Aid, Sentencing and Punishment of Offenders Act 2012 | |
Section 92 | Functions in relation to a child remanded to local authority accommodation.” |
14E+WThe Bail Act 1976 is amended as follows.
15(1)Section 3AA (conditions for the imposition of electronic monitoring requirements: children and young persons) is amended as follows.E+W
(2)In subsection (3)(b), for “to local authority accommodation” substitute “ subject to a custodial remand ”.
(3)For subsection (11) substitute—
“(11)The references in subsection (3)(b) to an imprisonable offence include a reference to an offence—
(a)of which the child or young person has been convicted outside England and Wales, and
(b)which is equivalent to an offence that is punishable with imprisonment in England and Wales.
(12)The reference in subsection (3)(b) to a child or young person being subject to a custodial remand is to the child or young person being—
(a)remanded to local authority accommodation or youth detention accommodation under section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012,
(b)remanded to local authority accommodation under section 23 of the Children and Young Persons Act 1969 or to prison under that section as modified by section 98 of the Crime and Disorder Act 1998 or under section 27 of the Criminal Justice Act 1948, or
(c)subject to a form of custodial detention in a country or territory outside England and Wales while awaiting trial or sentence in that country or territory or during a trial in that country or territory.”
16E+WIn section 7(6) (arrest for absconding or breaking conditions of bail: powers of justice), for the words from “section 23” to the end of the subsection substitute “ section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (remands of children otherwise than on bail) ”.
17E+WIn Part 3 of Schedule 1 (supplementary provisions about persons entitled to bail: interpretation), in paragraph 3, for the words from “the care of” to the end of the paragraph substitute “ accommodation pursuant to a remand under section 91(3) or (4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (remands to local authority accommodation or youth detention accommodation). ”
Commencement Information
I7Sch. 12 para. 17 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
18E+WThe Child Abduction Act 1984 is amended as follows.
19E+WIn section 1(8) (offence of child abduction: modifications in relation to children remanded to local authority accommodation etc), for “to a local authority accommodation” substitute “ otherwise than on bail ”.
20E+WIn paragraph 2 of the Schedule (modifications of section 1 in case of children in places of safety etc)—
(a)in sub-paragraph (1), in paragraph (b) omit “section 23 of the Children and Young Persons Act 1969,”,
(b)in that sub-paragraph, at the end of paragraph (ba) insert “; or
(bb)remanded to local authority accommodation or youth detention accommodation under section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.”, and
(c)in sub-paragraph (2)(a), after “place of safety” insert “ , local authority accommodation or youth detention accommodation ”.
Commencement Information
I8Sch. 12 para. 20 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
21E+WIn section 17(1)(ca) of the Police and Criminal Evidence Act 1984 (powers of entry and search of premises for purpose of arresting child or young person remanded to local authority accommodation), for the words from “or committed” to “that Act” substitute “ to local authority accommodation or youth detention accommodation under section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.
Commencement Information
I9Sch. 12 para. 21 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
22E+WIn section 22(11) of the Prosecution of Offences Act 1985 (time limits in relation to preliminary stages of criminal proceedings: interpretation), in the definition of “custody” for the words from “to which” to “Act 1969” substitute “ or youth detention accommodation to which a person is remanded under section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.
23E+WThe Children Act 1989 is amended as follows.
Commencement Information
I10Sch. 12 para. 23 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
24E+WIn section 21(2)(c) (duty to receive and provide accommodation for certain kinds of children) omit sub-paragraph (i) (children on remand under section 23(1) of the Children and Young Persons Act 1969).
Commencement Information
I11Sch. 12 para. 24 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
25E+WIn Schedule 12 (minor amendments), omit paragraph 28(b).
Commencement Information
I12Sch. 12 para. 25 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
26E+WThe Criminal Justice Act 1991 is amended as follows.
27E+WOmit section 60(1).
28E+WIn section 60(3) (applications under section 25 of the Children Act 1989 in case of child remanded or committed to local authority accommodation)—
(a)omit “or committed”, and
(b)after “local authority accommodation” insert “ under section 91(3) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.
Commencement Information
I13Sch. 12 para. 28 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
29E+WOmit section 61 (provision by local authorities of secure accommodation).
Commencement Information
I14Sch. 12 para. 29 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
30E+WOmit section 61A (cost of secure accommodation).
31E+WIn section 92(3) (application of prisoner escort provisions to persons remanded etc under section 23 of the Children and Young Persons Act 1969)—
(a)in paragraph (a), for the words from “or committed” to “1969 Act” substitute “ to local authority accommodation or youth detention accommodation under section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”, and
(b)in paragraph (b) for “such accommodation” substitute “ accommodation in which a person is or is to be accommodated pursuant to such a remand ”.
Commencement Information
I15Sch. 12 para. 31 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
32E+WIn section 1(10) of the Bail (Amendment) Act 1993 (prosecution right of appeal against grant of bail: application to children and young persons)—
(a)for the words from “child” to “Act 1969)” substitute “ person under the age of 18 ”, and
(b)in paragraph (b) for the words from “section 23” to “accommodation)” substitute “ Chapter 3 of Part 3 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (remands of children otherwise than on bail) ”.
33E+WThe Criminal Justice and Public Order Act 1994 is amended as follows.
Commencement Information
I16Sch. 12 para. 33 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
34E+WOmit sections 19(1) and (3), 21 and 23.
Commencement Information
I17Sch. 12 para. 34 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
35E+WIn Schedule 9 (minor amendments) omit paragraph 38.
Commencement Information
I18Sch. 12 para. 35 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
36E+WThe Crime and Disorder Act 1998 is amended as follows.
Commencement Information
I19Sch. 12 para. 36 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
37E+WIn section 38(4)(d) (definition of “youth justice services”: placements pursuant to remands to local authority accommodation), for the words from “or committed” to “1969 Act”)” substitute “ to such accommodation under section 91(3) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.
Commencement Information
I20Sch. 12 para. 37 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
38E+WIn section 41(5) (functions of the Youth Justice Board for England and Wales) omit—
(a)paragraph (i)(iii) (agreements for the provision of accommodation for detention under section 23(4)(c) of the Children and Young Persons Act 1969 as modified by section 98 of the Crime and Disorder Act 1998), and
(b)paragraph (k) (assistance to local authorities in discharging duty under section 61 of the Criminal Justice Act 1991).
Commencement Information
I21Sch. 12 para. 38 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
39E+WIn section 57A(3) (use of live link for accused's attendance at preliminary or sentencing hearing: interpretation), in paragraph (a) of the definition of “custody”, for the words from “to which” to “Act 1969” substitute “ or youth detention accommodation to which a person is remanded under section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.
Commencement Information
I22Sch. 12 para. 39 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
40E+WOmit sections 97 and 98.
Commencement Information
I23Sch. 12 para. 40 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
41E+WIn Schedule 4 to the Access to Justice Act 1999 (amendments consequential on Part 1), omit paragraphs 4, 6 and 7.
Commencement Information
I24Sch. 12 para. 41 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
42E+WThe Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.
Commencement Information
I25Sch. 12 para. 42 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
43E+WIn section 101 (taking account of remands in relation to a detention and training order)—
(a)in subsection (11), for paragraph (c) and the “or” at the end of that paragraph substitute—
“(c)remanded to youth detention accommodation under section 91(4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012; or”, and
(b)in subsection (12) omit the words from “and in that subsection” to the end of the subsection.
Commencement Information
I26Sch. 12 para. 43 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
44E+WIn Schedule 9 (consequential amendments), omit paragraphs 93 and 126.
Commencement Information
I27Sch. 12 para. 44 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
45E+WIn Schedule 4 to the Care Standards Act 2000 (minor and consequential amendments), omit paragraphs 3 and 17.
Commencement Information
I28Sch. 12 para. 45 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
46(1)Schedule 7 to the Criminal Justice and Court Services Act 2000 (minor and consequential amendments) is amended as follows.E+W
(2)In paragraph 4(2), in the entry for the Children and Young Persons Act 1969, omit the words from “section 23(4)” to “15 and 16 year old boys)),”.
(3)Omit paragraph 39.
Commencement Information
I29Sch. 12 para. 46 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
47E+WIn the Criminal Justice and Police Act 2001, omit sections 130, 132 and 133(1).
Commencement Information
I30Sch. 12 para. 47 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
48E+WIn Schedule 8 to the Courts Act 2003 (minor and consequential amendments), omit paragraph 135.
Commencement Information
I31Sch. 12 para. 48 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
49E+WIn the Extradition Act 2003, omit section 201.
Commencement Information
I32Sch. 12 para. 49 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
50E+WThe Criminal Justice Act 2003 is amended as follows.
Commencement Information
I33Sch. 12 para. 50 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
51E+WIn section 242 (interpretation of provisions about crediting periods of remand in custody)—
(a)in subsection (2)(b), for the words from “or committed” to “that section” substitute “ to youth detention accommodation under section 91(4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”, and
(b)omit subsection (3).
Commencement Information
I34Sch. 12 para. 51 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
52E+WIn Schedule 32 (amendments relating to sentencing), omit paragraph 15.
Commencement Information
I35Sch. 12 para. 52 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
53E+WIn section 4(2) of the Criminal Defence Service Act 2006 (provisions to which certain consequential amendments apply), omit paragraphs (a) and (b).
Commencement Information
I36Sch. 12 para. 53 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
54E+WIn the Violent Crime Reduction Act 2006, omit section 61.
Commencement Information
I37Sch. 12 para. 54 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
55E+WIn Schedule 26 to the Criminal Justice and Immigration Act 2008 (minor and consequential amendments), omit paragraph 5.
Commencement Information
I38Sch. 12 para. 55 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
56E+WIn Schedule 1 to the Children and Young Persons Act 2008 (children looked after by local authorities: supplementary and consequential provision), omit paragraph 8.
Commencement Information
I39Sch. 12 para. 56 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
57E+WIn Schedule 1 to the Offender Management Act 2007 (Consequential Amendments) Order 2008 (amendments of Acts), omit paragraph 13(6).
Commencement Information
I40Sch. 12 para. 57 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
58E+WIn paragraph 14(3) of Schedule 5A to the Policing and Crime Act 2009 (detention order for breach of injunction: meaning of youth detention accommodation) for paragraph (c) substitute—
“(c)a secure children's home, as defined by section 102(11) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.”
Commencement Information
I41Sch. 12 para. 58 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
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