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Legal Aid, Sentencing and Punishment of Offenders Act 2012
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Changes to legislation:
Legal Aid, Sentencing and Punishment of Offenders Act 2012, Section 97 is up to date with all changes known to be in force on or before 26 November 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.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 97:
- specified provision(s) amendment to earlier commencing S.I. 2016/286, art. 4(1) by S.I. 2017/225 art. 2
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
- Act applied (with modifications) by S.I. 2018/1125 reg. 8 (This amendment not applied to legislation.gov.uk. S.I. 2018/1125, reg. 8 omitted (31.12.2020) by virtue of Private International Law (Implementation of Agreements) Act 2020 (c. 24), s. 4(3), Sch. 5 para. 4(4))
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 9(3)(4) inserted by 2022 c. 36 s. 25(2)
- s. 9A inserted by 2023 c. 32 s. 89(3)
- s. 9B inserted by 2023 c. 32 s. 90
- s. 10(3A)-(3E) inserted by 2022 c. 36 s. 67
- s. 128(3)(aza) inserted by 2024 c. 21 s. 60(2)(a)
- s. 128(3)(aaza) inserted by 2024 c. 21 s. 60(2)(b)
- s. 128(3A) inserted by 2024 c. 21 s. 60(3)
- s. 128(7) inserted by 2024 c. 21 s. 71
- Sch. 1 Pt. 1 para. 31ZA and cross-heading inserted by 2022 c. 36 s. 25(1)
- Sch. 1 Pt. 1 para. 31B and cross-heading inserted by 2022 c. 36 s. 57(2)
- Sch. 1 Pt. 1 para. 19(1A)(1B) and heading inserted by 2022 c. 36 s. 66(2)(a)
- Sch. 1 Pt. 1 para. 19(2A) inserted by 2022 c. 36 s. 66(2)(b)
- Sch. 1 Pt. 1 para. 19(8A) and heading inserted by 2022 c. 36 s. 66(2)(c)
- Sch. 1 Pt. 1 para. 25(1A) and heading inserted by 2022 c. 36 s. 66(3)(a)
- Sch. 1 Pt. 1 para. 26(1A) and heading inserted by 2022 c. 36 s. 66(3)(a)
- Sch. 1 Pt. 1 para. 27(1A) and heading inserted by 2022 c. 36 s. 66(3)(a)
- Sch. 1 Pt. 1 para. 27A(1A) and heading inserted by 2022 c. 36 s. 66(3)(a)
- Sch. 1 Pt. 1 para. 25(3)(4) and heading inserted by 2022 c. 36 s. 66(3)(b)
- Sch. 1 Pt. 1 para. 26(3)(4) and heading inserted by 2022 c. 36 s. 66(3)(b)
- Sch. 1 Pt. 1 para. 27(3)(4) and heading inserted by 2022 c. 36 s. 66(3)(b)
- Sch. 1 Pt. 1 para. 27A(3)(4) and heading inserted by 2022 c. 36 s. 66(3)(b)
- Sch. 1 Pt. 1 para. 30(1A) and heading inserted by 2022 c. 36 s. 66(4)(a)
- Sch. 1 Pt. 1 para. 30(2A) inserted by 2022 c. 36 s. 66(4)(b)
- Sch. 1 Pt. 1 para. 30(3A) and heading inserted by 2022 c. 36 s. 66(4)(c)
- Sch. 1 Pt. 1 para. 31A(2A) and heading inserted by 2022 c. 36 s. 66(5)(a)
- Sch. 1 Pt. 1 para. 31A(3A)(3B) and heading inserted by 2022 c. 36 s. 66(5)(b)
- Sch. 1 Pt. 1 para. 19(6A) inserted by 2023 c. 37 s. 56(2)(a)
- Sch. 1 Pt. 1 para. 31C inserted by 2023 c. 37 s. 56(3)
- Sch. 1 Pt. 1 para. 27A(1) inserted by S.I. 2017/617 reg. 3(4) (This amendment comes into force on the commencement of paragraph 1 of Schedule 10 to the Immigration Act 2016 (c. 19))
- Sch. 1 Pt. 1 para. 11(1A) inserted by S.I. 2023/150 art. 4(3)(a)
- Sch. 1 Pt. 1 para. 11(3A) inserted by S.I. 2023/150 art. 4(3)(b)
- Sch. 1 Pt. 1 para. 2(1)(b) omitted by 2018 anaw 2 Sch. 1 para. 21(2)(a)(ii)
- Sch. 1 Pt. 1 para. 45(2) omitted by 2023 c. 32 s. 91(2)
- Sch. 1 Pt. 1 para. 45(3) substituted by 2023 c. 32 s. 91(3)
- Sch. 1 Pt. 1 para. 26(1) substituted by S.I. 2017/617 reg. 3(2)(b) (This amendment comes into force on the commencement of paragraph 1 of Schedule 10 to the Immigration Act 2016 (c. 19))
- Sch. 1 Pt. 1 para. 27(1) substituted by S.I. 2017/617 reg. 3(3)(b) (This amendment comes into force on the commencement of paragraph 1 of Schedule 10 to the Immigration Act 2016 (c. 19))
- Sch. 1 Pt. 1 para. 19(10) words inserted by 2023 c. 37 s. 56(2)(b)
- Sch. 1 Pt. 1 para. 31(1)(a) words inserted by S.I. 2023/147 art. 2(2)(a)
- Sch. 1 Pt. 1 para. 31(1)(a) words inserted by S.I. 2023/147 art. 2(2)(b)
- Sch. 1 Pt. 1 para. 31(1)(a) words omitted by 2016 c. 19 Sch. 11 para. 2(l)
- Sch. 1 Pt. 1 para. 45(4) words omitted by 2023 c. 32 s. 91(4)
- Sch. 1 Pt. 1 para. 26 heading words substituted by S.I. 2017/617 reg. 3(2)(a) (This amendment comes into force on the commencement of paragraph 1 of Schedule 10 to the Immigration Act 2016 (c. 19))
- Sch. 1 Pt. 1 para. 27 heading words substituted by S.I. 2017/617 reg. 3(3)(a) (This amendment comes into force on the commencement of paragraph 1 of Schedule 10 to the Immigration Act 2016 (c. 19))
- Sch. 1 Pt. 3 para. 16A inserted by 2023 c. 37 s. 56(4)
- Sch. 1 Pt. 3 para. 11(b) and word inserted by S.I. 2017/617 reg. 3(6)(b) (This amendment comes into force on the commencement of paragraph 1 of Schedule 10 to the Immigration Act 2016 (c. 19))
- Sch. 1 Pt. 3 para. 8(b) omitted by S.I. 2017/617 reg. 3(5) (This amendment comes into force on the commencement of paragraph 1 of Schedule 10 to the Immigration Act 2016 (c. 19))
- Sch. 1 Pt. 3 para. 11(a) and word omitted by S.I. 2017/617 reg. 3(6)(a) (This amendment comes into force on the commencement of paragraph 1 of Schedule 10 to the Immigration Act 2016 (c. 19))
- Sch. 1 Pt. 4 para. 8 inserted by 2022 c. 36 s. 66(6)
97Liability to arrest for breaking conditions of remandE+W
This section has no associated Explanatory Notes
(1)A child may be arrested without warrant by a constable if—
(a)the child has been remanded to local authority accommodation,
(b)conditions under section 93 have been imposed in respect of the child, and
(c)the constable has reasonable grounds for suspecting that the child has broken any of those conditions.
(2)Subject to subsection (3), a child arrested under subsection (1) must be brought before a justice of the peace—
(a)as soon as practicable, and
(b)in any event within the period of 24 hours beginning with the child's arrest.
(3)If the child was arrested during the period of 24 hours ending with the time appointed for the child to appear before the court in pursuance of the remand, the child must be brought before the court before which the child was to have appeared.
(4)In reckoning a period of 24 hours for the purposes of subsection (2) or (3), no account is to be taken of Christmas Day, Good Friday or any Sunday.
(5)If a justice of the peace before whom a child is brought under subsection (2) is of the opinion that the child has broken any condition imposed in respect of the child under section 93, the justice of the peace must remand the child.
(6)Section 91 applies to a child in relation to whom subsection (5) applies as if—
(a)except in a case within paragraph (b), the child was then charged with or convicted of the offence for which the child had been remanded, or
(b)in the case of a child remanded in connection with extradition proceedings, the child was then appearing before the justice of the peace in connection with those proceedings.
(7)If a justice of the peace before whom a child is brought under subsection (2) is not of the opinion mentioned in subsection (5), the justice of the peace must remand the child to the place to which the child had been remanded at the time of the child's arrest subject to the same conditions as those which had been imposed on the child at that time.
Commencement Information
I1S. 97 wholly in force at 3.12.2012, see s. 151(1) and S.I. 2012/2906, art. 2(c) (with art. 7(1)(3))
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