Rule 7 Amendments to the Criminal Procedure Rules 2012

In rule 19.2 (Exercise of court’s powers to which this Part applies)—

(a)

for paragraph (5)(c) substitute—

“(c)
where the defendant is under 18—

(i)
imposing or varying a bail condition when ordering the defendant to be detained in local authority accommodation, or

(ii)
ordering the defendant to be detained in youth detention accommodation.”; and

(b)

in the note to the rule—

(i)

in the first paragraph, for ‘section 23 of the Children and Young Persons Act 1969^f1’ substitute ‘sections 93(7) and 102(4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012^f2’, and

(ii)

after the second paragraph insert—

“Under section 91 of the 2012 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f1: 1969 c. 54; section 23 was repealed by paragraphs 5 and 6 of Schedule 12 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10).
f2: 2012 c. 10.