Paragraph 2

England and Wales

F1(1)

This paragraph applies in the case of a child who is—

(F2a)

detained in a place of safety under paragraph 4(2)(a) of Schedule 4, paragraph 7(2)(a) of Schedule 5 or paragraph 24(2)(a) of Schedule 7 to the Sentencing Code;

(F3aa)

detained in a place of safety under paragraph 9(3) of the Schedule to the Street Offences Act 1959; or

(F4b)

remanded to local authority accommodation under paragraph 5 of Schedule 4, paragraph 8 of Schedule 5 or paragraph 25 of Schedule 7 to the Sentencing Code;

(ba)

remanded to local authority accommodation under paragraph 10 of the Schedule to the Street Offences Act 1959 F5; or

(bb)

remanded to local authority accommodation or youth detention accommodation under section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

(2)

Where this paragraph applies, section 1 of this Act shall have effect as if—

(a)

the reference in subsection (1) to the appropriate consent were a reference to the leave of any magistrates’ court acting for the area in which the place of safety F6, local authority accommodation or youth detention accommodation is; and

(b)

subsections (3) to (6) were omitted.

Annotations

Textual amendments

F1: Sch. 1 para. 2(1)(a)(b) substituted (14.10.1991)by Children Act 1989 (c. 41, SIF 20), s. 108(4), Sch. 12 para. 40(3) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F2: Sch. para. 2(1)(a) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 75(a) (with Sch. 27); S.I. 2020/1236, reg. 2
F3: Sch. para. 2(1)(aa) inserted (1.4.2010) by Policing and Crime Act 2009 (c. 26), Sch. 7 para. 20(a); S.I. 2010/507, art. 5(v)(x); S.I. 2010/507, art. 5(v)(x)
F4: Sch. para. 2(1)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 75(b) (with Sch. 27); S.I. 2020/1236, reg. 2
F5: Sch. para. 2(2)(bb) and word inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), Sch. 12 para. 20(b); S.I. 2012/2906, art. 2(j);
F6: Words in Sch. para. 2(2)(a) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 12 para. 20(c); S.I. 2012/2906, art. 2(j) (with art. 7(2)(3)); S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))