Criminal Law Legislation Update
| Author | Laura McGowan |
| Published date | 01 April 2013 |
| Date | 01 April 2013 |
| DOI | http://doi.org/10.1350/jcla.2013.77.2.822 |
| Subject Matter | Criminal Law Legislation Update |
Criminal Law
Legislation Update*
Laura McGowan†
Secondary legislation
The Legal Aid, Sentencing and Punishment of Offenders Act 2012
(Commencement No. 4 and Saving Provisions) Order 2012 (SI 2012 No.
2906) was made on 17 November 2012. It brought into force provisions
of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 on
3 December 2012. This includes some provisions on sentencing in Part 3;
Chapter 2 of Part 3, bail; Chapter 3 of Part 3, remands of children
otherwise than on bail; Chapter 4 of Part 3, release on licence, etc.,
except s. 119(a); Chapter 5 of Part 3, dangerous offenders; Chapter 6 of
Part 3, prisoners, etc., except s. 129. Scheds 9–22 are also brought into
force.
The youth remand provisions in the Legal Aid, Sentencing and Pun-
ishment of Offenders Act 2012 are contained in ss 91–107 and Sched.
12. They make significant changes to the remand framework for 10 to
17-year-olds in criminal proceedings. Where a child has been remanded
on bail, he or she will continue to be treated under the Bail Act 1976.
Where the court refuses bail, the new youth remand framework in-
troduced by s. 91 of the 2012 Act will permit the court to remand a child
to local authority accommodation or to youth detention accommoda-
tion. Section 90 and Sched. 11 make less extensive, but significant,
amendments to provisions affecting adult remand.
The key changes to the youth remand framework are as follows: 10 to
17-year-olds are treated according to the same remand framework and
conditions for custodial remand regardless of their age and gender; the
court must first consider whether to remand a child on bail. Where the
court refuses bail, it should then consider whether to remand to local
authority accommodation or whether, if the child is aged 12–17, the
conditions for a remand to youth detention accommodation are met;
17-year-olds who are remanded will be treated in the same way as
younger children. They may, therefore, now be remanded to local
authority accommodation.
A 12 to 17-year-old can be remanded to youth detention accom-
modation if he or she meets one of two sets of conditions; the first is
based on the type of offending and the second is based on the history of
absconding or offending together with whether there is a real prospect
of a custodial sentence; and every child remanded to youth detention
* As at 25 January 2013.
† Barrister, Carmelite Chambers; e-mail: laurajmcgowan@gmail.com.
95The Journal of Criminal Law (2013) 77 JCL 95–97
doi:10.1350/jcla.2013.77.2.822
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