laspo bail remand

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					                                 LASPO
                              BAIL AND REMAND




Just For Kids Law (1121638)
www.justforkidslaw.org
                              Overview
    • The Act aims to reduce the use of secure
      remand for children and young people.

    • The current, complex remand arrangements will
      be simplified into a 'single remand framework'.

    • All u18 will be subject to the same bail and
      remand criteria


Just For Kids Law (1121638)
www.justforkidslaw.org
             Extending Decisions to all
                     Children
   S 91(6)In defines a, “child” as a person under
   the age of 18 for purposes of bail and remand.
   No more complicated considerations about
   turning 17 and what that means for bail and
   remand.
   Also vulnerability decisions will be available for
   all children (NB this will no longer be the
   decision of the Court but the YJB.

Just For Kids Law (1121638)
www.justforkidslaw.org
        Once Bail has been Refused
   • S.91(3) the court must remand the child to
     local authority accommodation
   Or
   • S. 91(4) The court may instead remand the
     child to youth detention accommodation
   • Youth Detention Accommodation becomes
     the generic name for custody for u 18
     removing COSR and RIC

Just For Kids Law (1121638)
www.justforkidslaw.org
                 Which Local Authority?
    • The Court decides which Local Authority is to
      take responsibility for a child. Section 92 (2)A
      court that remands a child to local authority
      accommodation must designate the local
      authority that is to receive the child.
    • Once the Court has designated a Local
      Authority that Local Authority must receive
      the child. S. 92(4)(a)


Just For Kids Law (1121638)
www.justforkidslaw.org
      Deciding Which Local Authority
    • In the case of a looked after child that local
      authority s.92(3)(a).
    • For any other child the local authority
      where the child habitually resides or where
      the offence or where one of the offences
      was committed s.92(3)(b)



Just For Kids Law (1121638)
www.justforkidslaw.org
            Remand to Local Authority
               Accommodation
    • The designated Local Authority must
      provide/arrange suitable accommodation for
      them (as per the duties of a local authority to
      place a child that is remanded as set out in
      section 22C of the Children Act 1989).
    • However the Court can specify a named person
      who the child may not reside with. S. 93(3)(b)




Just For Kids Law (1121638)
www.justforkidslaw.org
            Remand to Local Authority
               Accommodation
   • A court can impose any conditions on a child
     RLAA as it could if the child was given bail.
     Section 93(1) but only after consultation with the
     designated authority. Section 93(4)
   • The court can also 'impose requirements' on the
     designated authority to make sure these
     conditions are adhered to. Section 93(3)




Just For Kids Law (1121638)
www.justforkidslaw.org
           Remand to Local Authority
           Accommodation- Variations
    • On the application of the designated authority a
      relevant court may impose conditions or set
      requirements. Section 93(5)
    • On the application of designated authority or
      child a relevant court may vary or revoke
      conditions. Section 93(6)
    • Relevant court= court where child was
      remanded or any court with jurisdiction in the
      area a child is residing. Section 93(8)

Just For Kids Law (1121638)
www.justforkidslaw.org
                              Breaches
    • Police have power of arrest (without
      warrant) for any breaches of RLAA
      conditions and hold for up to 24 hours.
      Section 97
    • But if child is due to appear in court for
      hearing on substantive matter this takes
      priority and police must bring the child to
      court. Section 97(3)

Just For Kids Law (1121638)
www.justforkidslaw.org
                      Electronic Monitoring
      • Child must be 12 or over – Section 94(2)
      • Must be an imprisonable offence S.94(3) and
        must be violent and sexual in nature or an
        offence for an adult of 14 years or more
        (grave crime) or must be a recent history of
        committing imprisonable offences whilst on
        bail or secure remands.94(4)
      • In other words Secure Remand criteria


Just For Kids Law (1121638)
www.justforkidslaw.org
              Youth Detention
         Accommodation Remand- 1st
    • Section 98(1)(a)Age – 12
    • (b)Offence condition – violent or sexual or grave
      crime (14 years or more for adult)
    • (c) Necessity –after considering all remand
      options only adequate means of protecting
      public from death or serious personal injury
      (whether physical or psychological) or prevent
      commission by child of imprisonable offences.
    • (d)Legal Representation condition

Just For Kids Law (1121638)
www.justforkidslaw.org
           Youth Detention
      Accommodation Remand – 2nd
    • Section 99(1)(a) If age over 12 (2)
    • Sentencing condition 99(1)(b)- 'real prospect' of
      receiving a custodial sentence (3)
    • Offence condition 99(1)(c) one or more imprisonable
      offences (4)
    • History condition 99(1)(d) recent history of absconding
      on remand and one of alleged offences is while child is
      on remand or recent history of committing imprisonable
      offences on remand(5)
    • Necessity condition 99(1)(e) as above (6)

Just For Kids Law (1121638)
www.justforkidslaw.org
                              Vulnerability
   17 year olds can now              103(1)Arrangements for
   be remanded in a                  remands now decided
   secure children's homes           by The Secretary of
   or secure training                State not the courts
   centres as Act has
   defines a child as a
   person under the age of
   18


Just For Kids Law (1121638)
www.justforkidslaw.org
                       Looked After Child
   • The status of 'looked after child' will apply
     to all young people on remand, whether
     they are RLAA or in YDA (Youth Detention
     Accommodation). Section 104
   • Change from current position where
     COSR are looked after but not RIC
   • Implications of this will be considered in
     following training
Just For Kids Law (1121638)
www.justforkidslaw.org
                          Credit for Curfew
   How to do the calculation at section 109
   The credit period is calculated by taking the
   following steps. .
   Step 1 Add— (a) the day on which the
   offender’s bail was first subject to the relevant
   conditions (even if not a whole day) and(b)the
   number of other days on which the offender’s
   bail was subject to those conditions


Just For Kids Law (1121638)
www.justforkidslaw.org
                          Credit for Curfew
   Step 2 Deduct days on which the offender,
   whilst on bail was—(a)subject to any
   requirement imposed for the purpose of
   securing the electronic monitoring of the
   offender’s compliance with a curfew
   requirement, or (b)on temporary release
   under rules made under section 47 of the
   Prison Act 1952.

Just For Kids Law (1121638)
www.justforkidslaw.org
                              Credit for Curfew
    Step 3 from the result deduct the number of
    days which the offender has broken either or
    both of the relevant conditions.
    Step 4 Divide the result by 2.
    Step 5 If necessary, round up to the nearest
    whole number.



Just For Kids Law (1121638)
www.justforkidslaw.org

				
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