Legal Aid, Sentencing and Punishment of Offenders Act 2012

Children and Young Persons Act 1969 (c. 54) E+W

5 E+W The Children and Young Persons Act 1969 is amended as follows.

6 E+W Omit section 23 (remands and committals to local authority accommodation).

Commencement Information

I1 Sch. 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))

7 E+W Omit section 23AA (electronic monitoring of conditions of remand).

Commencement Information

I2 Sch. 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))

8 E+W Omit section 23A (liability to arrest for breaking conditions of remand).

Commencement Information

I3 Sch. 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

I4 Sch. 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))

11 E+W In 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

I5 Sch. 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))

12 E+W In section 69 (orders and regulations etc) omit subsection (4A).

Commencement Information

I6 Sch. 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))