OpenLegislation

Rule 6 Amendments to the Criminal Procedure Rules 2012

Original text. Later amendments are not shown.

In Part 18 (Warrants for arrest, detention or imprisonment)—

(a)

in rule 18.3 (Terms of a warrant for detention or imprisonment)—

(i)

for paragraph (1)(a) substitute—

“(a)

require each person to whom it is directed to detain the defendant and—

(i)

take the defendant to any place specified in the warrant or required or allowed by law, and

(ii)

deliver the defendant to the custodian of that place; and”; and

(ii)

in paragraph (1)(b) and in paragraph (2)(b), for ‘keep the defendant in custody’ substitute ‘detain the defendant’;

(b)

in rule 18.4 (Information to be included in a warrant)—

(i)

for paragraph (2)(a) substitute—

“(a)

section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012f1 (remands of children otherwise than on bail), including in particular—

(i)

whether the defendant must be detained in local authority accommodation or youth detention accommodation,

(ii)

the local authority designated by the court,

(iii)

any requirement imposed by the court on that authority,

(iv)

any condition imposed by the court on the defendant, and

(v)

the reason for any such requirement or condition;”; and

(c)

in the note to rule 18.4, for the first paragraph substitute—

“[Note. See sections 93(7) and 102(5) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. Under section 91 of the Act, instead of granting bail to a defendant under 18 the court may—

(a)

remand him or her to local authority accommodation and, after consulting with that authority, impose on the defendant a condition that the court could impose if granting bail; or

(b)

remand him or her to youth detention accommodation, if the defendant is at least 12 years old and the other conditions, about the offence and the defendant, prescribed by the Act are met.”.

Annotations

Footnotes

f1

2012 c. 10.