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Remand to Youth Detention Accommodation

Since 3 December 2012, all children remanded other than on bail can only be dealt with by way of a Remand to Local Authority Accommodation or a Remand to Youth Detention Accommodation, under the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

Youth Detention Accommodation comprises the following kinds of accommodation:

  1. A secure children’s home;
  2. A secure training centre;
  3. A Young Offender Institution.

Where a court orders a Remand to Youth Detention Accommodation, the Youth Justice Board will place the child in Youth Detention Accommodation according to the needs of the child. There is therefore no need for the court to specify in the warrant the precise home, centre or institution but the court must specify the designated local authority so that the Youth Justice Board may consult it on the placement decision.

A court can only order a Remand to Youth Detention Accommodation where certain specified criteria are met:

  • The child has reached the age of 12; and
  • Either the child is legally represented before the court or legal representation has  been withdrawn/refused; and
  • Either the offence is a violent or sexual offence or an offence punishable in the case of an adult with imprisonment of 14 years or more; or
  • The child has a recent history of absconding from remand/committing offences whilst on remand; and
  • It is necessary to protect the public/prevent further offences.

 

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