SCHEDULES
SCHEDULE 4Referral order: further court proceedings
PART 1Referral back to court for further proceedings
Detention and remand of arrested offender
I14
1
This paragraph applies where an offender—
a
is arrested under a warrant issued under paragraph 3(2), and
b
cannot immediately be brought before the appropriate court.
2
The person in whose custody the offender is—
a
may arrange for the offender to be detained in a place of safety for a period of not more than 72 hours from the time of the arrest, and
b
must, within that period, bring the offender before a youth court (or, if the offender is aged 18 or over, a magistrates' court other than a youth court).
3
A person detained in accordance with arrangements under sub-paragraph (2)(a) is deemed to be lawfully detained.
I25
1
This paragraph applies where the court before which the offender is brought under paragraph 4(2) (“the alternative court”) is not the appropriate court.
2
The alternative court may—
a
direct that the offender is to be released immediately, or
b
remand the offender.
3
Section 128 of the Magistrates' Courts Act 1980 (remand in custody or on bail) applies as if the court referred to in subsections (1)(a), (3), (4)(a) and (5) were the appropriate court.
4
If the offender is aged under 18, any power conferred by that section to remand the offender in custody includes a power to remand the offender to accommodation provided by or on behalf of a local authority.
5
If a court remands the offender to accommodation provided by or on behalf of a local authority, it must designate, as the authority which is to receive the offender, the local authority for the area in which it appears to the court that the offender resides or will reside.