Youth Justice News
| Author | Tim Bateman |
| Published date | 01 December 2011 |
| Date | 01 December 2011 |
| DOI | http://doi.org/10.1177/1473225411424349 |
Youth Justice
11(3) 282 –291
© The Author(s) 2011
Reprints and permission: sagepub.
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DOI: 10.1177/1473225411424349
yjj.sagepub.com
Youth Justice News
Compiled by Tim Bateman
All Children in England and Wales Refused Bail to Acquire
‘Looked After’ Status
The current arrangements for children refused bail are complex. Those younger than 17
years are, by default, remanded to local authority accommodation, and acquire ‘looked
after’ status under the provisions of the Children Act 1989. Where certain additional cri-
teria are satisfied, the court can impose a court ordered secure remand on girls aged 12–16
years and boys aged 12–14 years, the effect of which is placement in a secure children’s
home or secure training centre. Since this is technically a remand to local authority accom-
modation with a security condition, such children are also considered to be in care.
Meanwhile, boys aged 15-16 years may be made subject to a court ordered secure remand
or remanded to custody. The latter order results in placement in a young offender institu-
tion and does not attract looked after status. Seventeen year olds are treated as adults for
remand purposes: they are not eligible for non-secure remands to local authority accom-
modation or court ordered secure remands, and if refused bail are automatically remanded
to custody.
Clauses 74–89 of the Legal Aid, Sentencing and Punishment of Offenders Bill, pub-
lished in June 2011, aim to simplify remand arrangements and to bring 17 year-olds within
the scope of the provisions that apply to younger children. Non-secure remands to local
authority accommodation will remain available as the default option where bail is refused
and will be extended to include children aged 17 years. Court ordered secure remands and
remands to custody are to be replaced by a single new order − a remand to youth detention
accommodation (RYDA) − available where bail has been refused and additional criteria,
relating either to the seriousness of the offence or the young person’s previous history, are
fulfilled. Children subject to a RYDA will be held in custody but placement will be deter-
mined administratively following the court hearing − as with custodial sentences − rather
than dictated by the nature of the remand order. Any child subject to such a remand will
also be treated as ‘looked after’ by the designated local authority.
Corresponding author:
Dr Tim Bateman, Department of Applied Social Studies, University of Bedfordshire, Park Square, Luton LU1 3JU, UK.
Email: tim.bateman@beds.ac.uk
424349YJJXXX10.1177/1473225411424349BatemanYouth Justice
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