Section 3AA Conditions for the imposition of electronic monitoring requirements: children and young persons released on bail other than in extradition proceedingsF1F10F11C1
England and Wales
A court may not impose electronic monitoring requirements on a child or young person F3released on bail in criminal proceedings of the kind mentioned in section 1(1)(a) or (b) unless each of the following conditions is met.
The first condition is that the child or young person has attained the age of twelve years.
The second condition is that—
the child or young person is charged with or has been convicted of a violent F4, sexual or terrorism offence, or an offence punishable in the case of an adult with imprisonment for a term of fourteen years or more; or
he is charged with or has been convicted of one or more imprisonable offences which, together with any other imprisonable offences of which he has been convicted in any proceedings—
amount, or
would, if he were convicted of the offences with which he is charged, amount,
to a recent history of repeatedly committing imprisonable offences while remanded on bail or F5subject to a custodial remand.
The third condition is that the court is satisfied that the necessary provision for dealing with the person concerned can be made under arrangements for the electronic monitoring of persons released on bail that are currently available in each local justice area which is a relevant area.
The fourth condition is that a youth offending team has informed the court that in its opinion the imposition of F7electronic monitoring requirements will be suitable in the case of the child or young person.
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The references in subsection (3)(b) to an imprisonable offence include a reference to an offence—
of which the child or young person has been convicted outside England and Wales, and
which is equivalent to an offence that is punishable with imprisonment in England and Wales.
The reference in subsection (3)(b) to a child or young person being subject to a custodial remand is to the child or young person being—
remanded to local authority accommodation or youth detention accommodation under section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012,
remanded to local authority accommodation under section 23 of the Children and Young Persons Act 1969 or 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, or
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.
Annotations
Textual amendments
- F1
S. 3AA inserted (1.3.2002) by 2001 c. 16, s. 131(2); S.I. 2002/344, art. 2 (with transitional provisions in art. 4)
- F2
S. 3AA(1) substituted (3.11.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 11 para. 3(3); S.I. 2008/2712, art. 2, Sch. para. 15
- F3
Words in s. 3AA(1) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 11 para. 4(3); S.I. 2012/2906, art. 2(i)
- F4
Words in s. 3AA(3)(a) substituted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(3), Sch. 4 para. 3(3) (with s. 25(3)(4))
- F5
Words in s. 3AA(3)(b) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 12 para. 15(2); S.I. 2012/2906, art. 2(j)
- F6
S. 3AA(4) substituted (3.11.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 11 para. 3(4); S.I. 2008/2712, art. 2, Sch. para. 15
- F7
Words in s. 3AA(5) substituted (3.11.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 11 para. 3(5); S.I. 2008/2712, art. 2, Sch. para. 15
- F8
S. 3AA(6)-(10) repealed (3.11.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 11 para. 3(6), Sch. 28 Pt. 4; S.I. 2008/2712, art. 2, Sch. paras. 1519(3)(b)
- F9
S. 3AA(11)(12) substituted for s. 3AA(11) (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 12 para. 15(3); S.I. 2012/2906, art. 2(j) [Editorial note: a previous subsection (12) was repealed (3.11.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 11 para. 3(6), Sch. 28 Pt. 4; S.I. 2008/2712, art. 2, Sch. paras. 1519(3)(b)]
- F10
S. 3AA heading substituted (3.11.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 11 para. 3(2); S.I. 2008/2712, art. 2, Sch. para. 15
- F11
Words in s. 3AA heading inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 11 para. 4(2); S.I. 2012/2906, art. 2(i)
Modifications
- C1
S. 3AA applied (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), regs. 1(b), 88(4)(b)
- C2
S. 3AA(4) modified (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), regs. 1(b), 78(3)(a)