Legalize / United Kingdom / Public General Act

Legal Aid, Sentencing and Punishment of Offenders Act 2012

Type Public General Act

Publication 2012-05-01

Last updated 2025-09-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles 2

Reform history JSON API

(7) References in this Chapter (other than in relation to extradition proceedings) to the remand of a child include a reference to—

(a) the sending of a child for trial, and

(b) the committal of a child for sentence,

and related expressions are to be construed accordingly.

(8) Before the insertion of section 51A of the Crime and Disorder Act 1998 (sending cases to the Crown Court: children and young persons) by Schedule 3 to the Criminal Justice Act 2003 is fully in force, subsection (7) has effect as if it also referred to the committal of a child for trial.

(9) Subsection (7) also applies to any provision of an Act other than this Act that refers (directly or indirectly) to the remand of a child under this section.

Remands to local authority accommodation

92

(1) A remand to local authority accommodation is a remand to accommodation provided by or on behalf of a local authority.

(2) A court that remands a child to local authority accommodation must designate the local authority that is to receive the child.

(3) That authority must be—

(a) in the case of a child who is being looked after by a local authority, that authority, and

(b) in any other case, the local authority in whose area it appears to the court that the child habitually resides or the offence or one of the offences was committed.

(4) The designated authority must—

(a) receive the child, and

(b) provide or arrange for the provision of accommodation for the child whilst the child is remanded to local authority accommodation.

(5) Where a child is remanded to local authority accommodation, it is lawful for any person acting on behalf of the designated authority to detain the child.

Conditions etc on remands to local authority accommodation

93

(1) A court remanding a child to local authority accommodation may require the child to comply with any conditions that could be imposed under section 3(6) of the Bail Act 1976 if the child were then being granted bail.

(2) The court may also require the child to comply with any conditions imposed for the purpose of securing the electronic monitoring of the child's compliance with the conditions imposed under subsection (1) if—

(a) in the case of a child remanded under section 91(1) (proceedings other than extradition proceedings), the requirements in section 94 are met, or

(b) in the case of a child remanded under section 91(2) (extradition proceedings), the requirements in section 95 are met.

(3) A court remanding a child to local authority accommodation may impose on the designated authority—

(a) requirements for securing compliance with any conditions imposed on the child under subsection (1) or (2), or

(b) requirements stipulating that the child must not be placed with a named person.

(4) A court may only impose a condition under subsection (1) or (2), or a requirement under subsection (3), after consultation with the designated authority.

(5) Where a child has been remanded to local authority accommodation, a relevant court—

(a) may, on the application of the designated authority, impose on that child any conditions that could be imposed under subsection (1) or (2) if the court were then remanding the child to local authority accommodation, and

(b) where it does so, may impose on the authority requirements for securing compliance with the conditions imposed under paragraph (a).

(6) Where a child has been remanded to local authority accommodation, a relevant court may, on the application of the designated authority or that child, vary or revoke any conditions or requirements imposed under this section (including as previously varied under this subsection).

(7) A court that imposes conditions on a child under this section or varies conditions so imposed—

(a) must explain to the child in open court and in ordinary language why it is imposing or varying those conditions, and

(b) if the court is a magistrates' court, must cause a reason given under paragraph (a) to be specified in the warrant of commitment and entered in the register.

(8) In this section “relevant court”—

(a) in relation to a child remanded to local authority accommodation by virtue of section 91(1) (proceedings other than extradition proceedings), means—

(i) the court by which the child was so remanded, or

(ii) any magistrates' court that has jurisdiction in the place where the child is for the time being;

(b) in relation to a child remanded to local authority accommodation by virtue of section 91(2) (extradition proceedings), means the court by which the child was so remanded.

(9) References in this section to consultation are to such consultation (if any) as is reasonably practicable in all the circumstances of the case.

Requirements for electronic monitoring

94

(1) The requirements referred to in section 93(2)(a) (requirements for imposing electronic monitoring condition: non-extradition cases) are those set out in subsections (2) to (6).

(2) The first requirement is that the child has reached the age of twelve.

(3) The second requirement is that the offence mentioned in section 91(1), or one or more of those offences, is an imprisonable offence.

(4) The third requirement is that—

(a) the offence mentioned in section 91(1), or one or more of those offences, is a violent , sexual or terrorism offence or an offence punishable in the case of an adult with imprisonment for a term of 14 years or more, or

(b) the offence or offences mentioned in section 91(1), together with any other imprisonable offences of which the child has been convicted in any proceedings, amount or would, if the child were convicted of that offence or those offences, amount to a recent history of committing imprisonable offences while on bail or subject to a custodial remand.

(5) The fourth requirement is that the court is satisfied that the necessary provision for electronic monitoring can be made under arrangements currently available in each local justice area which is a relevant area.

(6) The fifth requirement is that a youth offending team has informed the court that, in its opinion, the imposition of an electronic monitoring condition will be suitable in the child's case.

(7) For the purposes of this section, a local justice area is a relevant area in relation to a proposed electronic monitoring condition if the court considers that it will not be practicable to secure the electronic monitoring in question unless electronic monitoring arrangements are available in that area.

(8) In this Chapter—

“electronic monitoring condition” means a condition imposed on a child remanded to local authority accommodation for the purpose of securing the electronic monitoring of the child's compliance with conditions imposed under section 93(1) or (5);

“imprisonable offence” means—an offence punishable in the case of an adult with imprisonment, orin relation to an offence of which a child has been accused or convicted outside England and Wales, an offence equivalent to an offence that, in England and Wales, is punishable in the case of an adult with imprisonment;

“sexual offence” means an offence specified in Part 2 of Schedule 18 to the Sentencing Code;

“terrorism offence” means an offence specified in Part 3 of Schedule 18 to the Sentencing Code;

“violent offence” means murder or an offence specified in Part 1 of Schedule 18 to the Sentencing Code;

“youth offending team” means a team established under section 39 of the Crime and Disorder Act 1998.

(9) References in this Chapter to a child being subject to a custodial remand are to the child being—

(a) remanded to local authority accommodation or youth detention accommodation, or

(b) 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.

(10) The reference in subsection (9) to a child being remanded to local authority accommodation or youth detention accommodation includes—

(a) a child being remanded to local authority accommodation under section 23 of the Children and Young Persons Act 1969, and

(b) a child being remanded 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.

Requirements for electronic monitoring: extradition cases

95

(1) The requirements referred to in section 93(2)(b) (requirements for imposing electronic monitoring condition: extradition cases) are those set out in subsections (2) to (6).

(2) The first requirement is that the child has reached the age of twelve.

(3) The second requirement is that the offence to which the extradition proceedings relate, or one or more of those offences, is an imprisonable offence.

(4) The third requirement is that—

(a) the conduct constituting the offence to which the extradition proceedings relate, or one or more of those offences, would, if committed in England and Wales, constitute a violent , sexual or terrorism offence or an offence punishable in the case of an adult with imprisonment for a term of 14 years or more, or

(b) the offence or offences to which the extradition proceedings relate, together with any other imprisonable offences of which the child has been convicted, amount or would, if the child were convicted of that offence or those offences, amount to a recent history of committing imprisonable offences while on bail or subject to a custodial remand.

(5) The fourth requirement is that the court is satisfied that the necessary provision for electronic monitoring can be made under arrangements currently available in each local justice area which is a relevant area.

(6) The fifth requirement is that a youth offending team has informed the court that, in its opinion, the imposition of an electronic monitoring condition will be suitable in the child's case.

(7) For the purposes of this section, a local justice area is a relevant area in relation to a proposed electronic monitoring condition if the court considers that it will not be practicable to secure the electronic monitoring in question unless electronic monitoring arrangements are available in that area.

Further provisions about electronic monitoring

96

(1) Where a court imposes an electronic monitoring condition, the condition must include provision making a person responsible for the monitoring.

(2) A person who is made responsible by virtue of subsection (1) must be of a description specified in an order made by the Secretary of State.

(3) The Secretary of State may make rules for regulating—

(a) the electronic monitoring of compliance with conditions imposed under section 93(1) or (5), and

(b) in particular, the functions of persons made responsible by virtue of subsection (1) of this section.

(4) Rules under this section may make different provision for different cases.

(5) Any power of the Secretary of State to make an order or rules under this section is exercisable by statutory instrument.

(6) A statutory instrument containing rules under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

Liability to arrest for breaking conditions of remand

97

(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

(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.

Remands to youth detention accommodation

First set of conditions for a remand to youth detention accommodation

98

(1) For the purposes of section 91(4)(a), the first set of conditions for a remand to youth detention accommodation is met in relation to a child if each of the following is met in relation to the child—

(a) the age condition (see subsection (2)),

(aa) the sentencing condition (see subsection (2A)),

(b) the offence condition (see subsection (3)),

(d) the first or second legal representation condition (see subsections (5) and (6)).

(2) The age condition is that the child has reached the age of twelve.

(2A) The sentencing condition is that it appears to the court that it is very likely that the child will be sentenced to a custodial sentence for the offence mentioned in section 91(1) or one or more of those offences.

(3) The offence condition is that the offence mentioned in section 91(1), or one or more of those offences—

(a) is a violent , sexual or terrorism offence, or

(b) is an offence punishable in the case of an adult with imprisonment for a term of 14 years or more.

(4) The necessity condition is that the court is of the opinion, after considering all the options for the remand of the child, that only remanding the child to youth detention accommodation would be adequate—

(a) to protect the public from death or serious personal injury (whether physical or psychological) occasioned by further offences committed by the child, or

(b) to prevent the commission by the child of imprisonable offences ,

and that the risks posed by the child cannot be managed safely in the community.

(5) The first legal representation condition is that the child is legally represented before the court.

(6) The second legal representation condition is that the child is not legally represented before the court and—

(a) representation was provided to the child under Part 1 of this Act for the purposes of the proceedings, but was withdrawn—

(i) because of the child's conduct, or

(ii) because it appeared that the child's financial resources were such that the child was not eligible for such representation,

(b) the child applied for such representation and the application was refused because it appeared that the child's financial resources were such that the child was not eligible for such representation, or

(c) having been informed of the right to apply for such representation and having had the opportunity to do so, the child refused or failed to apply.

Second set of conditions for a remand to youth detention accommodation

99

(1) For the purposes of section 91(4)(a), the second set of conditions for a remand to youth detention accommodation is met in relation to a child if each of the following is met in relation to the child—

(a) the age condition (see subsection (2)),

(b) the sentencing condition (see subsection (3)),

(d) the first or second history condition or both (see subsections (5) and (6)),

(e) the necessity condition (see subsection (7)), and

(f) the first or second legal representation condition (see subsections (8) and (9)).

(2) The age condition is that the child has reached the age of twelve.

(3) The sentencing condition is that it appears to the court that it is very likely that the child will be sentenced to a custodial sentence for the offence mentioned in section 91(1) or one or more of those offences.

(4) The offence condition is that the offence mentioned in section 91(1), or one or more of those offences, is an imprisonable offence.

(5) The first history condition is that—

(a) the child has a recent and significant history of absconding while subject to a custodial remand , and it appears to the court that the history is relevant in all the circumstances of the case, and

(b) the offence mentioned in section 91(1), or one or more of those offences, is alleged to be or has been found to have been committed while the child was remanded to local authority accommodation or youth detention accommodation.

(6) The second history condition is that the offence or offences mentioned in section 91(1), together with any other imprisonable offences of which the child has been convicted in any proceedings, amount or would, if the child were convicted of that offence or those offences, amount to a recent and significant history of committing imprisonable offences while on bail or subject to a custodial remand , and this appears to the court relevant in all the circumstances of the case.

(7) The necessity condition is that the court is of the opinion, after considering all the options for the remand of the child, that only remanding the child to youth detention accommodation would be adequate—

(a) to protect the public from death or serious personal injury (whether physical or psychological) occasioned by further offences committed by the child, or

(b) to prevent the commission by the child of imprisonable offences ,

and that the risks posed by the child cannot be managed safely in the community.

(8) The first legal representation condition is that the child is legally represented before the court.

(9) The second legal representation condition is that the child is not legally represented before the court and—

(a) representation was provided to the child under Part 1 of this Act for the purposes of the proceedings, but was withdrawn—

(i) because of the child's conduct, or

(ii) because it appeared that the child's financial resources were such that the child was not eligible for such representation,

(b) the child applied for such representation and the application was refused because it appeared that the child's financial resources were such that the child was not eligible for such representation, or

(c) having been informed of the right to apply for such representation and having had the opportunity to do so, the child refused or failed to apply.

(10) In this Chapter “custodial sentence” means a sentence or order mentioned in section 222(1) of the Sentencing Code.

(11) The reference in subsection (5)(b) to a child being remanded to local authority accommodation or youth detention accommodation includes—

(a) a child being remanded to local authority accommodation under section 23 of the Children and Young Persons Act 1969, and

(b) a child being remanded 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.

First set of conditions for a remand to youth detention accommodation: extradition cases

100

(1) For the purposes of section 91(4)(b), the first set of conditions for a remand to youth detention accommodation in an extradition case is met in relation to a child if each of the following is met in relation to the child—

(a) the age condition (see subsection (2)),

(aa) the sentencing condition (see subsection (2A)),

(b) the offence condition (see subsection (3)),

(d) the first or second legal representation condition (see subsections (5) and (6)).

(2) The age condition is that the child has reached the age of twelve.

(2A) The sentencing condition is that it appears to the court that, if the child were convicted in England and Wales of an offence equivalent to the offence to which the extradition proceedings relate or one or more of those offences, it is very likely that the child would be sentenced to a custodial sentence for that offence or those offences.

(3) The offence condition is that the conduct constituting the offence to which the extradition proceedings relate, or one or more of those offences, would, if committed in England and Wales, constitute—

(a) a violent , sexual or terrorism offence, or

(b) an offence punishable in the case of an adult with imprisonment for a term of 14 years or more.

(4) The necessity condition is that the court is of the opinion, after considering all the options for the remand of the child, that only remanding the child to youth detention accommodation would be adequate—

(a) to protect the public from death or serious personal injury (whether physical or psychological) occasioned by further offences committed by the child, or

(b) to prevent the commission by the child of imprisonable offences ,

and that the risks posed by the child cannot be managed safely in the community.

(4A) Before deciding whether to remand a child to youth detention accommodation in accordance with section 102 the court must consider the interests and welfare of the child.

(5) The first legal representation condition is that the child is legally represented before the court.

(6) The second legal representation condition is that the child is not legally represented before the court and—

(a) representation was provided to the child under Part 1 of this Act for the purposes of the proceedings, but was withdrawn—

(i) because of the child's conduct, or

(ii) because it appeared that the child's financial resources were such that the child was not eligible for such representation,

(b) the child applied for such representation and the application was refused because it appeared that the child's financial resources were such that the child was not eligible for such representation, or

(c) having been informed of the right to apply for such representation and having had the opportunity to do so, the child refused or failed to apply.

Second set of conditions for a remand to youth detention accommodation: extradition cases

101

(1) For the purposes of section 91(4)(b), the second set of conditions for a remand to youth detention accommodation in an extradition case is met in relation to a child if each of the following is met in relation to the child—

(a) the age condition (see subsection (2)),

(b) the sentencing condition (see subsection (3)),

(d) the first or second history condition or both (see subsections (5) and (6)),

(e) the necessity condition (see subsection (7)), and

(f) the first or second legal representation condition (see subsections (8) and (9)).

(2) The age condition is that the child has reached the age of twelve.

(3) The sentencing condition is that it appears to the court that, if the child were convicted in England and Wales of an offence equivalent to the offence to which the extradition proceedings relate or one or more of those offences, it is very likely that the child would be sentenced to a custodial sentence for that offence or those offences.

(4) The offence condition is that the offence to which the extradition proceedings relate, or one or more of those offences, is an imprisonable offence.

(5) The first history condition is that—

(a) the child has a recent and significant history of absconding while subject to a custodial remand, and it appears to the court that the history is relevant in all the circumstances of the case, and

(b) the offence to which the extradition proceedings relate, or one or more of those offences, is alleged to be or has been found to have been committed while the child was subject to a custodial remand.

(6) The second history condition is that the offence or offences to which the extradition proceedings relate, together with any other imprisonable offences of which the child has been convicted, amount or would, if the child were convicted of that offence or those offences, amount to a recent and significant history of committing imprisonable offences while on bail or subject to a custodial remand , and this appears to the court relevant in all the circumstances of the case.

(7) The necessity condition is that the court is of the opinion, after considering all the options for the remand of the child, that only remanding the child to youth detention accommodation would be adequate—

(a) to protect the public from death or serious personal injury (whether physical or psychological) occasioned by further offences committed by the child, or

(b) to prevent the commission by the child of imprisonable offences ,

and that the risks posed by the child cannot be managed safely in the community.

(8) The first legal representation condition is that the child is legally represented before the court.

(9) The second legal representation condition is that the child is not legally represented before the court and—

(a) representation was provided to the child under Part 1 of this Act for the purposes of the proceedings, but was withdrawn—

(i) because of the child's conduct, or

(ii) because it appeared that the child's financial resources were such that the child was not eligible for such representation,

(b) the child applied for such representation and the application was refused because it appeared that the child's financial resources were such that the child was not eligible for such representation, or

(c) having been informed of the right to apply for such representation and having had the opportunity to do so, the child refused or failed to apply.

Remands to youth detention accommodation

102

(1) A remand to youth detention accommodation is a remand to such accommodation of a kind listed in subsection (2) as the Secretary of State directs in the child's case.

(2) Those kinds of accommodation are—

(a) a secure children's home,

(aa) a secure college,

(b) a secure training centre,

(d) accommodation, or accommodation of a description, for the time being specified by regulations under section 248(1)(f) of the Sentencing Code (youth detention accommodation for purposes of detention and training order provisions).

(3) A child's detention in one of those kinds of accommodation pursuant to a remand to youth detention accommodation is lawful.

(4) Where a court remands a child to youth detention accommodation, the court must—

(za) state in open court that it has considered subsections (3) and (4A) of section 91,

(a) state in open court that it is of the opinion mentioned in section 98(4), 99(7), 100(4) or 101(7) (as the case may be), and

(b) explain to the child in open court and in ordinary language why it is of that opinion.

(5) A magistrates' court must ensure a reason that it gives under subsection (4)(b)—

(za) is given in writing to—

(i) the child,

(ii) any legal representative of the child, and

(iii) any youth offending team which appears to the court to have functions in relation to the child,

(a) is specified in the warrant of commitment, and

(b) is entered in the register.

(6) Where a court remands a child to youth detention accommodation, the court must designate a local authority as the designated authority for the child for the purposes of—

(a) subsection (8),

(b) regulations under section 103 (arrangements for remands), and

(7) That authority must be—

(a) in the case of a child who is being looked after by a local authority otherwise than by virtue of section 104(1), that authority, and

(b) in any other case but subject to subsection (7B), a local authority in whose area it appears to the court that the child habitually resides or the offence or one of the offences was committed.

(7A) In a case to which subsection (7)(b) applies, the court is to designate a local authority in whose area it appears to the court that the child habitually resides (a “home authority”) except where the court—

(a) considers as respects the home authority, or each home authority, that it is inappropriate to designate that authority, or

(b) is unable to identify any place in England and Wales where the child habitually resides.

(7B) If in a case to which subsection (7)(b) applies—

(a) the court is not required by subsection (7A) to designate a home authority, but

(b) it appears to the court that the offence was not, or none of the offences was, committed in England and Wales,

the court is to designate a local authority which it considers appropriate in the circumstances of the case.

(7C) Where a child has been remanded to youth detention accommodation, the court—

(a) which remanded the child, or

(b) to which the child was remanded,

may designate a local authority (“B”) as the designated authority for the child in substitution for the authority previously designated (whether that previous designation was made when the child was remanded or under this subsection).

(7D) Where a child has at any one time been subject to two or more remands to youth detention accommodation, a court which has jurisdiction to make a replacement designation under subsection (7C) in connection with one or some of the remands also has jurisdiction to make such a replacement designation in connection with each of the other remands.

(7E) Where a replacement designation is made under subsection (7C) after the end of the period of remand concerned, the substitution of B for the previously-designated authority has effect only for the purposes of regulations under section 103.

(7F) Where a replacement designation is made under subsection (7C) during the period of remand concerned, the substitution of B for the previously-designated authority—

(a) has effect, as respects the part of that period ending with the making of the replacement designation, only for the purposes of regulations under section 103, and

(b) has effect, as respects the remainder of that period, for all of the purposes listed in subsection (6).

(7G) A court may make a replacement designation under subsection (7C) only if it considers that, had everything it knows been known by the court which made the previous designation, that court would have designated B instead.

(7H) Where a replacement designation is made under subsection (7C) in relation to a remand, the previously-designated authority is to be repaid any sums it paid in respect of the remand pursuant to regulations under section 103.

(7J) A court which has jurisdiction to make a replacement direction under subsection (7C) may exercise that jurisdiction on an application by a local authority or of its own motion.

(8) Before giving a direction under subsection (1), the Secretary of State must consult the designated authority.

(9) A function of the Secretary of State under this section (other than the function of making regulations) is exercisable by the Youth Justice Board for England and Wales concurrently with the Secretary of State.

(10) The Secretary of State may by regulations provide that subsection (9) is not to apply, either generally or in relation to a particular description of case.

(11) In this Chapter “secure children’s home” means—

(a) accommodation which is provided in a children’s home in England, within the meaning of the Care Standards Act 2000—

(i) which provides accommodation for the purposes of restricting liberty, and

(ii) in respect of which a person is registered under Part 2 of that Act;

(b) accommodation in Wales in respect of which a person is registered under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) to provide a secure accommodation service within the meaning of Part 1 of that Act.

(12) Before the coming into force in relation to England of section 107(2) of the Health and Social Care (Community Health and Standards) Act 2003, subsection (11) has effect as if it defined “secure children's home” in relation to England as accommodation which—

(a) is provided in a children's home, within the meaning of the Care Standards Act 2000, in respect of which a person is registered under Part 2 of that Act, and

(b) is approved by the Secretary of State for the purpose of restricting the liberty of children.

Supplementary

Arrangements for remands

103

(1) The Secretary of State may make arrangements for or in connection with the provision of accommodation of a kind listed in section 102(2) for children remanded to youth detention accommodation.

(2) The Secretary of State may by regulations make provision about the recovery from the designated authority by a person mentioned in subsection (3) of the costs of—

(a) a child being subject to a remand to youth detention accommodation;

(b) the exercise of functions of the kind mentioned in—

(i) section 80(1)(a) to (e) of the Criminal Justice Act 1991 (escort functions) read with section 92(3) of that Act, or

(ii) paragraph 1(1)(a) to (d) of Schedule 1 to the Criminal Justice and Public Order Act 1994 (escort functions),

in relation to a child subject to such a remand.

(3) Those persons are—

(a) the Secretary of State;

(b) a person other than the Secretary of State by whom the accommodation pursuant to the remand to youth detention accommodation is provided or the functions are exercised (as the case may be).

(4) The Secretary of State may make payments to a local authority for the purpose of enabling the authority—

(a) to exercise functions under section 92(4) (duty to receive and accommodate child remanded to local authority accommodation);

(b) to make payments pursuant to regulations under this section.

(5) A function of the Secretary of State under this section (other than the function of making regulations) is exercisable by the Youth Justice Board for England and Wales concurrently with the Secretary of State.

(6) The power to make regulations under subsection (2) includes power to make provision about the recovery of costs by the Youth Justice Board for England and Wales.

(7) The Secretary of State may by regulations provide that subsection (5), or provision made by virtue of subsection (6), is not to apply, either generally or in relation to a particular description of case.

Looked after child status

104

(1) A child who is remanded to youth detention accommodation is to be treated as a child who is looked after by the designated authority.

(2) The Secretary of State may by regulations provide for any Act or instrument made under an Act that applies to a child looked after by a local authority to apply with modifications, or not to apply, in relation to a child who is to be treated as looked after by a designated authority by virtue of this Chapter.

(3) In this section “Act” includes an Act or Measure of the National Assembly for Wales.

Minor and consequential amendments

105

Schedule 12 (remands of children otherwise than on bail: minor and consequential amendments) has effect.

Regulations under this Chapter

106

(1) Regulations under this Chapter are to be made by statutory instrument.

(2) Regulations under this Chapter may—

(a) make different provision for different cases;

(b) include supplementary, incidental, transitional, transitory or saving provision.

(3) A statutory instrument containing regulations under this Chapter is subject to annulment in pursuance of a resolution of either House of Parliament, subject to subsection (4).

(4) A statutory instrument containing regulations under section 102(10) or 103(7) (whether alone or with any other provision) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

Interpretation of Chapter

107

(1) In this Chapter—

“child” has the meaning given by section 91(6);

“court” and “magistrates' court” include a justice of the peace;

“custodial sentence” has the meaning given by section 99(10);

“the designated authority”—in relation to a child remanded to local authority accommodation, means the local authority that is designated by the court under section 92(2) to receive the child;in relation to a child remanded to youth detention accommodation, means the local authority that is designated by the court under section 102(6) as the designated authority for the child;

“electronic monitoring condition” has the meaning given by section 94(8);

“extradition proceedings” means proceedings under the Extradition Act 2003;

“imprisonable offence” has the meaning given by section 94(8);

“local authority” means—a county council;a county borough council;a district council for an area for which there is no county council;a London borough council;the Common Council of the City of London;the Council of the Isles of Scilly;

“secure children's home” has the meaning given by section 102(11);

“sexual offence” has the meaning given by section 94(8);

“terrorism offence” has the meaning given by section 94(8);

“violent offence” has the meaning given by section 94(8);

“youth offending team” has the meaning given by section 94(8).

(2) In this Chapter, references to the remand of a child, and related expressions, are to be construed in accordance with section 91(7) and (8).

(3) In this Chapter, references to a remand to local authority accommodation, and related expressions, are to be construed in accordance with section 92(1).

(4) In this Chapter, references to a child being subject to a custodial remand are to be construed in accordance with section 94(9).

(5) In this Chapter, references to a remand to youth detention accommodation, and related expressions, are to be construed in accordance with section 102(1).

(6) In this Chapter, references to a child who is looked after by a local authority are to be construed—

(a) in relation to a local authority in England, in accordance with section 22 of the Children Act 1989;

(b) in relation to a local authority in Wales, in accordance with section 74 of the Social Services and Well-being (Wales) Act 2014

(7) Subsections (3) and (5) are subject to sections 94(10) and 99(11) (references to remand to local authority accommodation or youth detention accommodation to include such a remand under section 23 of the Children and Young Persons Act 1969 or a remand to prison).

CHAPTER 4 — Release on licence etc

Calculation of days to be served

Crediting of periods of remand in custody

108

(1) Omit section 240 of the Criminal Justice Act 2003 (court to direct that remand time be credited towards time served).

(2) Before section 240A of that Act insert—

(240ZA) (1) This section applies where— (a) an offender is serving a term of imprisonment in respect of an offence, and (b) the offender has been remanded in custody (within the meaning given by section 242) in connection with the offence or a related offence. (2) It is immaterial for that purpose whether, for all or part of the period during which the offender was remanded in custody, the offender was also remanded in custody in connection with other offences (but see subsection (5)). (3) The number of days for which the offender was remanded in custody in connection with the offence or a related offence is to count as time served by the offender as part of the sentence. But this is subject to subsections (4) to (6). (4) If, on any day on which the offender was remanded in custody, the offender was also detained in connection with any other matter, that day is not to count as time served. (5) A day counts as time served— (a) in relation to only one sentence, and (b) only once in relation to that sentence. (6) A day is not to count as time served as part of any period of 28 days served by the offender before automatic release (see section 255B(1)). (7) For the purposes of this section a suspended sentence— (a) is to be treated as a sentence of imprisonment when it takes effect under paragraph 8(2)(a) or (b) of Schedule 12, and (b) is to be treated as being imposed by the order under which it takes effect. (8) In this section “related offence” means an offence, other than the offence for which the sentence is imposed (“offence A”), with which the offender was charged and the charge for which was founded on the same facts or evidence as offence A. (9) For the purposes of the references in subsections (3) and (5) to the term of imprisonment to which a person has been sentenced (that is to say, the reference to the offender's “sentence”), consecutive terms and terms which are wholly or partly concurrent are to be treated as a single term if— (a) the sentences were passed on the same occasion, or (b) where they were passed on different occasions, the person has not been released at any time during the period beginning with the first and ending with the last of those occasions. (10) The reference in subsection (4) to detention in connection with any other matter does not include remand in custody in connection with another offence but includes— (a) detention pursuant to any custodial sentence; (b) committal in default of payment of any sum of money; (c) committal for want of sufficient distress to satisfy any sum of money; (d) committal for failure to do or abstain from doing anything required to be done or left undone. (11) This section applies to a determinate sentence of detention under section 91 or 96 of the Sentencing Act or section 227 or 228 of this Act as it applies to an equivalent sentence of imprisonment.

Crediting of periods of remand on bail

109

(1) Section 240A of the Criminal Justice Act 2003 (crediting periods of remand on bail: terms of imprisonment and detention) is amended as follows.

(2) In subsection (2), for “subsection (4)” substitute “ subsections (3A) and (3B) ”.

(3) For subsections (3) to (7) substitute—

(3) The credit period is calculated by taking the following steps. - Step 1 Add— 1. the day on which the offender's bail was first subject to the relevant conditions (and for this purpose a condition is not prevented from being a relevant condition by the fact that it does not apply for the whole of the day in question), and 2. the number of other days on which the offender's bail was subject to those conditions (but exclude the last of those days if the offender spends the last part of it in custody). - Step 2 Deduct the number of days on which the offender, whilst on bail subject to the relevant conditions, was also— 1. subject to any requirement imposed for the purpose of securing the electronic monitoring of the offender's compliance with a curfew requirement, or 2. on temporary release under rules made under section 47 of the Prison Act 1952. - Step 3 From the remainder, deduct the number of days during that remainder on 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. (3A) A day of the credit period counts as time served— (a) in relation to only one sentence, and (b) only once in relation to that sentence. (3B) A day of the credit period is not to count as time served as part of any period of 28 days served by the offender before automatic release (see section 255B(1)).

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Omit subsections (9) and (10).

(6) In subsection (11)—

(a) for “Subsections (7) to (10) of section 240” substitute “ Subsections (7) to (9) and (11) of section 240ZA ”;

(b) in paragraph (b), for “in subsection (8) the reference to subsection (3) of section 240 is” substitute “ in subsection (9) the references to subsections (3) and (5) of section 240ZA are ”.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) In the heading of the section, for “Crediting periods of remand on bail” substitute “ Time remanded on bail to count towards time served ”.

Amendments consequential on sections 108 and 109

110

(1) The Criminal Justice Act 2003 is amended as follows.

(2) In section 237(1C) (meaning of “fixed-term prisoner”)—

(a) for “section 240” substitute “ section 240ZA ”;

(b) after “Armed Forces Act 2006)” insert “ or section 240A ”.

(3) Section 241 (effect of direction under section 240 or 240A) is amended as follows.

(4) In subsection (1)—

(a) for “to whom a direction under section 240 or 240A relates” substitute “ to whom section 240ZA applies or a direction under section 240A relates ”;

(b) for “specified in the direction” substitute “ specified in section 240ZA or in the direction under section 240A ”.

(5) In subsection (1A), for “a direction under section 240 or 240A includes a direction under” substitute “ section 240ZA includes ”.

(6) In the heading, for “direction under section 240 or 240A” substitute “ section 240ZA or direction under section 240A ”.

(7) In section 242 (interpretation of sections 240 to 241), in subsections (1) and (2) and in the heading, for “sections 240” substitute “ sections 240ZA ”.

(8) For section 243(2) (persons extradited to the United Kingdom) substitute—

(2) In the case of an extradited prisoner, the court must specify in open court the number of days for which the prisoner was kept in custody while awaiting extradition. (2A) Section 240ZA applies to days specified under subsection (2) as if they were days for which the prisoner was remanded in custody in connection with the offence or a related offence.

(9) In section 246 (power to release prisoners early)—

(a) in subsection (4)(i), for “to whom a direction under section 240 or 240A relates” substitute “ to whom section 240ZA applies or a direction under section 240A relates ”;

(b) in subsection (4A)(b), for “a direction under section 240 includes a direction under” substitute “ section 240ZA includes ”.

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) In section 305(1A) (modification of reference to want of sufficient distress), inserted by paragraph 155 of Schedule 13 to the Tribunals, Courts and Enforcement Act 2007, for “In the definition of “sentence of imprisonment” in subsection (1) the reference” substitute “ In this Part any reference ”.

(12) In section 330(5) (rules to be subject to affirmative resolution)—

(a) after paragraph (b) insert “ or ”, and

(b) omit paragraph (d) and the “or” preceding it.

(13) Schedule 13 (crediting of time in custody) has effect.

(14) In consequence of the amendments made by this section, in the Criminal Justice and Immigration Act 2008 omit—

(a) section 21(2), (5) and (7);

(b) section 22(2) and (3);

Release

Prisoners serving less than 12 months

111

(1) After section 243 of the Criminal Justice Act 2003 insert—

(243A) (1) This section applies to a fixed-term prisoner who is serving a sentence which is for a term of less than twelve months. (2) As soon as a prisoner to whom this section applies has served the requisite custodial period for the purposes of this section, it is the duty of the Secretary of State to release that person unconditionally. (3) For the purposes of this section “the requisite custodial period” is— (a) in relation to a person serving a sentence of imprisonment for a term of less than twelve months or a determinate sentence of detention under section 91 or 96 of the Sentencing Act for such a term, one-half of the sentence, and (b) in relation to a person serving two or more concurrent or consecutive sentences, the period determined under sections 263(2) and 264(2). (4) This section is subject to— (a) section 256B (supervision of young offenders after release), and (b) paragraph 8 of Schedule 20B (transitional cases).

(2) Schedule 14 (amendments consequential on subsection (1)) has effect.

Restrictions on early release subject to curfew

112

(1) In section 246 of the Criminal Justice Act 2003 (power to release prisoners on licence), subsection (4) is amended as follows.

(2) After paragraph (a) insert—

(aa) the sentence is for a term of 4 years or more,

(3) In paragraph (g)—

(a) for “during the currency of the sentence” substitute “ at any time ”, and

(b) at the end insert “ (and the revocation has not been cancelled under section 255(3)) ”.

(4) Omit the “or” at the end of paragraph (h) and after that paragraph insert—

(ha) the prisoner has at any time been returned to prison under section 40 of the Criminal Justice Act 1991 or section 116 of the Sentencing Act, or

(5) After subsection (4) of that section insert—

(4ZA) Where subsection (4)(aa) applies to a prisoner who is serving two or more terms of imprisonment, the reference to the term of the sentence is— (a) if the terms are partly concurrent, a reference to the period which begins when the first term begins and ends when the last term ends; (b) if the terms are to be served consecutively, a reference to the aggregate of the terms.

(6) In subsection (6) of that section, at the end insert—

“ “term of imprisonment” includes a determinate sentence of detention under section 91 or 96 of the Sentencing Act or under section 227 or 228 of this Act.”

Further release after recall

Cancellation of revocation of licence

113

(1) After section 254(2) of the Criminal Justice Act 2003 (representations by person recalled) insert—

(2A) The Secretary of State, after considering any representations under subsection (2)(a) or any other matters, may cancel a revocation under this section. (2B) The Secretary of State may cancel a revocation under subsection (2A) only if satisfied that the person recalled has complied with all the conditions specified in the licence. (2C) Where the revocation of a person's licence is cancelled under subsection (2A), the person is to be treated as if the recall under subsection (1) had not happened.

(2) In section 255(3) of that Act (cancellation of revocation under section 255), for “subsection (2)(b)” substitute “ subsection (2)(a) ”.

Further release after recall

114

(1) For sections 255A to 255D of the Criminal Justice Act 2003 (further release after recall) substitute—

(255A) (1) This section applies for the purpose of identifying which of sections 255B and 255C governs the further release of a person who has been recalled under section 254. (2) The Secretary of State must, on recalling a person other than an extended sentence prisoner, consider whether the person is suitable for automatic release. (3) For this purpose “automatic release” means release at the end of the period of 28 days beginning with the date on which the person returns to custody. (4) A person is suitable for automatic release only if the Secretary of State is satisfied that the person will not present a risk of serious harm to members of the public if released at the end of that period. (5) The person must be dealt with— (a) in accordance with section 255B if suitable for automatic release; (b) in accordance with section 255C otherwise. (6) For the purposes of this section, a person returns to custody when that person, having been recalled, is detained (whether or not in prison) in pursuance of the sentence. (7) An “extended sentence prisoner” is a prisoner serving an extended sentence imposed under— (a) section 227 or 228 of this Act, or (b) section 85 of the Sentencing Act; and paragraph (b) includes (in accordance with paragraph 1(3) of Schedule 11 to the Sentencing Act) a reference to section 58 of the Crime and Disorder Act 1998. (255B) (1) A prisoner who is suitable for automatic release (“P”) must— (a) on return to prison, be informed that he or she will be released under this section (subject to subsections (8) and (9)), and (b) at the end of the 28 day period mentioned in section 255A(3), be released by the Secretary of State on licence under this Chapter (unless P is released before that date under subsection (2) or (5)). (2) The Secretary of State may, at any time after P is returned to prison, release P again on licence under this Chapter. (3) The Secretary of State must not release P under subsection (2) unless the Secretary of State is satisfied that it is not necessary for the protection of the public that P should remain in prison until the end of the period mentioned in subsection (1)(b). (4) If P makes representations under section 254(2) before the end of that period, the Secretary of State must refer P's case to the Board on the making of those representations. (5) Where on a reference under subsection (4) the Board directs P's immediate release on licence under this Chapter, the Secretary of State must give effect to the direction. (6) Subsection (7) applies if P is recalled before the date on which P would (but for the earlier release) have served the requisite custodial period for the purposes of section 243A or (as the case may be) section 244. (7) Where this subsection applies— (a) if P is released under this section before that date, P's licence must include a curfew condition complying with section 253, and (b) P is not to be so released (despite subsections (1)(b) and (5)) unless the Secretary of State is satisfied that arrangements are in place to enable that condition to be complied with. (8) Subsection (9) applies if, after P has been informed that he or she will be released under this section, the Secretary of State receives further information about P (whether or not relating to any time before P was recalled). (9) If the Secretary of State determines, having regard to that and any other relevant information, that P is not suitable for automatic release— (a) the Secretary of State must inform P that he or she will not be released under this section, and (b) section 255C applies to P as if the Secretary of State had determined, on P's recall, that P was not suitable for automatic release. (255C) (1) This section applies to a prisoner (“P”) who— (a) is an extended sentence prisoner, or (b) is not considered to be suitable for automatic release. (2) The Secretary of State may, at any time after P is returned to prison, release P again on licence under this Chapter. (3) The Secretary of State must not release P under subsection (2) unless the Secretary of State is satisfied that it is not necessary for the protection of the public that P should remain in prison. (4) The Secretary of State must refer P's case to the Board— (a) if P makes representations under section 254(2) before the end of the period of 28 days beginning with the date on which P returns to custody, on the making of those representations, or (b) if, at the end of that period, P has not been released under subsection (2) and has not made such representations, at that time. (5) Where on a reference under subsection (4) the Board directs P's immediate release on licence under this Chapter, the Secretary of State must give effect to the direction. (6) Subsection (7) applies if P is recalled before the date on which P would (but for the earlier release) have served the requisite custodial period for the purposes of section 243A or (as the case may be) section 244. (7) Where this subsection applies— (a) if P is released under this section before that date, P's licence must include a curfew condition complying with section 253, and (b) P is not to be so released (despite subsection (5)) unless the Secretary of State is satisfied that arrangements are in place to enable that condition to be complied with. (8) For the purposes of this section, P returns to custody when P, having been recalled, is detained (whether or not in prison) in pursuance of the sentence.

(2) After section 244(1) of that Act (duty to release certain prisoners on licence at half-way point) insert—

(1A) Subsection (1) does not apply if the prisoner has been released on licence under section 246 and recalled under section 254 (provision for the release of such persons being made by sections 255B and 255C).

(3) In the heading of section 253 of that Act (curfew conditions) after “section 246” insert “ , 255B or 255C ”.

(4) In section 256(1) of that Act (review by the Board), for “section 255B(4), 255C(4) or 255D(1)” substitute “ section 255B(4) or 255C(4) ”.

(5) In consequence of the amendments made by this section, omit section 29(2) and (3) of the Criminal Justice and Immigration Act 2008.

Other provisions about release

Supervision of young offenders after release

115

After section 256A of the Criminal Justice Act 2003 insert—

(256B) (1) This section applies where a person (“the offender”) is released under this Chapter from one of the following terms if the term is for less than 12 months— (a) a term of detention in a young offender institution; (b) a term of detention under section 91 of the Sentencing Act; (c) a term of detention under section 209 of the Armed Forces Act 2006. (2) The offender is to be under the supervision of— (a) an officer of a provider of probation services, (b) a social worker of a local authority, or (c) if the offender is under the age of 18 years at the date of release, a member of the youth offending team. (3) Where the supervision is to be provided by an officer of a provider of probation services, the officer must be an officer acting in the local justice area in which the offender resides for the time being. (4) Where the supervision is to be provided by— (a) a social worker of a local authority, or (b) a member of a youth offending team, the social worker or member must be a social worker of, or a member of a youth offending team established by, the local authority within whose area the offender resides for the time being. (5) The supervision period begins on the offender's release and ends three months later (whether or not the offender is detained under section 256C or otherwise during that period). (6) During the supervision period, the offender must comply with such requirements, if any, as may for the time being be specified in a notice from the Secretary of State. (7) The requirements that may be specified in a notice under subsection (6) include— (a) requirements for securing the electronic monitoring of the offender's compliance with any other requirements specified in the notice; (b) requirements for securing the electronic monitoring of the offender's whereabouts (otherwise than for the purpose of securing compliance with requirements specified in the notice); (c) in the circumstances mentioned in subsection (8), requirements to provide, when instructed to do so by an officer of a provider of probation services or a person authorised by the Secretary of State, any sample mentioned in the instruction for the purpose of ascertaining whether the offender has any specified Class A drug in his or her body. (8) The circumstances referred to in subsection (7)(c) are that— (a) the offender has attained the age of 18 years; (b) the offender's term of detention was imposed for a trigger offence; and (c) the requirements to provide samples are being imposed for the purpose of determining whether the offender is complying with any other requirements specified in the notice. (9) The function of giving such an instruction as is mentioned in subsection (7)(c) must be exercised in accordance with guidance given from time to time by the Secretary of State; and the Secretary of State may make rules about the requirements that may be imposed by virtue of subsection (7) and the provision of samples in pursuance of such an instruction. (10) In this section— - “specified Class A drug” has the same meaning as in Part 3 of the Criminal Justice and Court Services Act 2000; - “trigger offence”— 1. has the same meaning as in that Part, unless paragraph (b) applies; 2. if the offender's term of detention was imposed for an offence under section 42 of the Armed Forces Act 2006 (criminal conduct), means such an offence as respects which the corresponding offence under the law of England and Wales is a trigger offence within the meaning of that Part. (256C) (1) Where an offender is under supervision under section 256B and it appears on information to a justice of the peace that the offender has failed to comply with requirements under section 256B(6), the justice may— (a) issue a summons requiring the offender to appear at the place and time specified in the summons, or (b) if the information is in writing and on oath, issue a warrant for the offender's arrest. (2) Any summons or warrant issued under this section must direct the offender to appear or be brought— (a) before a court acting for the local justice area in which the offender resides, or (b) if it is not known where the offender resides, before a court acting for same local justice area as the justice who issued the summons or warrant. (3) Where the offender does not appear in answer to a summons issued under subsection (1)(a), the court may issue a warrant for the offender's arrest. (4) If it is proved to the satisfaction of the court that the offender has failed to comply with requirements under section 256B(6), the court may— (a) order the offender to be detained, in prison or such youth detention accommodation as the Secretary of State may determine, for such period, not exceeding 30 days, as the court may specify, or (b) impose on the offender a fine not exceeding level 3 on the standard scale. (5) An offender detained in pursuance of an order under subsection (4)(a) is to be regarded as being in legal custody. (6) A fine imposed under subsection (4)(b) is to be treated, for the purposes of any enactment, as being a sum adjudged to be paid by a conviction. (7) An offender may appeal to the Crown Court against any order made under subsection (4)(a) or (b). (8) In this section “court” means— (a) if the offender has attained the age of 18 years at the date of release, a magistrates' court other than a youth court; (b) if the offender is under the age of 18 years at the date of release, a youth court.

Miscellaneous amendments relating to release and recall

116

(1) The Criminal Justice Act 2003 is amended as follows.

(2) Omit section 248(2) (Secretary of State to consult Board before releasing extended sentence prisoner on compassionate grounds).

(3) In section 256(1) (review by the Board)—

(a) for “recommend” substitute “ direct ”;

(b) for “recommendation” substitute “ direction ”.

(4) In section 256A (further review)—

(a) in subsection (4)(a), for “recommending” substitute “ directing ”;

(b) in subsection (4)(c), for “recommendation” substitute “ direction ”;

(5) In section 260(5) (duties and powers remaining exercisable in relation to persons removed from prison), after “244” insert “ , 247 ”.

(6) In section 261(5) (re-entry to UK of offender removed early: re-release), after “sentence expiry date,” insert

— (a) if the person is serving an extended sentence imposed under section 227 or 228, section 247 has effect in relation to that person as if the reference to one-half of the appropriate custodial term were a reference to the further custodial period; (b) in any other case,

(7) In section 261(6) (re-entry to UK of offender removed early: definitions), in the definition of “requisite custodial period”, after the words “requisite custodial period” insert

— (a) in relation to a prisoner serving an extended sentence imposed under section 227 or 228, means one-half of the appropriate custodial term (determined by the court under that section); (b) in any other case,

(8) In section 263(2)(b) (concurrent terms: authority to release), for “section 244” substitute “ section 246 ”.

(9) In section 263(2)(c) (concurrent terms: licence period), for the words “for so long, and subject to such conditions, as is” substitute

— (i) until the last date on which the offender is required to be on licence in respect of any of the terms, and (ii) subject to such conditions as are

Replacement of transitory provisions

117

(1) Chapter 6 of Part 12 of the Criminal Justice Act 2003 (release on licence) is amended as follows.

(2) In section 237(1)(b) (“fixed-term prisoner” includes those serving sentence of detention)—

(a) after “91” insert “ or 96 ”;

(b) before “228” insert “ 227 or ”.

(3) At the end of that section insert—

(3) In this Chapter, references to a sentence of detention under section 96 of the Sentencing Act or section 227 of this Act are references to a sentence of detention in a young offender institution.

(4) In section 244(3)(a) (duty to release prisoners: requisite custodial period), after “91” insert “ or 96 ”.

(5) In section 250(4) (licence conditions)—

(a) after “91” insert “ or 96 ”;

(b) before “228” insert “ 227 or ”.

(6) In section 258 (early release of fine defaulters and contemnors), after subsection (3) insert—

(3A) The reference in subsection (3) to sentences of imprisonment includes sentences of detention under section 91 or 96 of the Sentencing Act or under section 227 or 228 of this Act.

(7) In section 263(4) (concurrent terms)—

(a) after “91” insert “ or 96 ”;

(b) before “228” insert “ 227 or ”.

(8) In section 264(7) (consecutive terms)—

(a) after “91” insert “ or 96 ”;

(b) before “228” insert “ 227 or ”.

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) In Part 2 of the Crime (Sentences) Act 1997 (life sentences: release on licence)—

(a) in section 31A(5) (termination of licences), in the definition of “preventive sentence”, after “a sentence of imprisonment” insert “ or detention in a young offender institution ”;

(b) in section 34(2)(d) (interpretation), after “a sentence of imprisonment” insert “ or detention in a young offender institution ”.

(11) In the Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 (S.I. 2005/643), article 3(7), (10), (11), (12), (13), (14), (15) and (17)(a) and (b) (transitory provision replaced by this section) are revoked.

Repeal of uncommenced provisions

118

(1) This section repeals certain provisions which have not been commenced.

(2) Omit section 266 of the Criminal Justice Act 2003 (which amends section 64 of the Criminal Justice and Court Services Act 2000 in relation to drug testing requirements).

(3) Omit section 34 of the Police and Justice Act 2006 (which makes amendments of Part 12 of the Criminal Justice Act 2003 relating to imprisonment for bail offences).

(4) Omit the following provisions of the Criminal Justice and Immigration Act 2008 (which relate to the early release of persons with a settled intention of residing permanently outside the UK)—

(a) section 33(2), (4), (7) and (8) (amendments of the Criminal Justice Act 1991);

(b) section 34(2), (4)(b), (7) and (10) (amendments of the Criminal Justice Act 2003).

(5) In Schedule 8 to the Crime and Disorder Act 1998 (minor and consequential amendments) omit—

(a) paragraph 86 (amendments of section 41 of the Criminal Justice Act 1991);

(b) paragraph 90 (amendment of section 47 of that Act).

Life sentence prisoners

Removal of prisoners from the United Kingdom

119

After section 32 of the Crime (Sentences) Act 1997 insert—

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