1 / 18

LASPO

LASPO. BAIL AND REMAND. 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.

nerina
Download Presentation

LASPO

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. LASPO BAIL AND REMAND Just For Kids Law (1121638) www.justforkidslaw.org

  2. 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

  3. 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

  4. 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

  5. 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

  6. 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

  7. 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

  8. 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

  9. 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

  10. 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

  11. 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

  12. 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

  13. 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

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

  15. 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

  16. 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

  17. 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

  18. 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

More Related