Section 188 Interpretation of sections 185 to 187I1
England and Wales
In sections 185 to 187—
“approved premises” (“mangre a gymeradwywyd”) has the meaning given by section 13 of the Offender Management Act 2007;
“bail in criminal proceedings” (“mechnïaeth mewn achos troseddol”) has the meaning given by section 1 of the Bail Act 1976;
“prison” (“carchar”) has the same meaning as in the Prison Act 1952 (see section 53(1) of that Act);
“youth detention accommodation” (“llety cadw ieuenctid”) means—
- (a)
F1a secure accommodation service (within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016);
- (b)
a secure training centre;
- (ba)
F2a secure college
- (c)
a young offender institution;
- (d)
accommodation provided, equipped and maintained by the Welsh Ministers under section 82(5) of the Children Act 1989 for the purpose of restricting the liberty of children;
- (e)
accommodation, or accommodation of a description, for the time being specified F3by regulations under section 248(1)(f) of the Sentencing Code (youth detention accommodation for purposes of detention and training orders).
- (a)
For the purposes of sections 185 to 187—
a person who is temporarily absent from prison or youth detention accommodation is to be treated as detained in prison or youth detention accommodation for the period of absence;
a person who is temporarily absent from approved premises is to be treated as residing in approved premises for the period of absence;
a person who is temporarily absent from other premises in which the person is required to reside as a condition of the grant of bail in criminal proceedings is to be treated as residing in the premises for the period of absence.
Annotations
Textual amendments
- F1
Words in s. 188(1) substituted (2.4.2018) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 32; S.I. 2017/1326, art. 2(3)(h), Sch. (with art. 6)
- F2
Words in s. 188(1) inserted (20.3.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 9 para. 32(4); S.I. 2015/778, art. 2(1)(c); S.I. 2015/778, art. 2(1)(c); S.I. 2015/778, art. 2(1)(c)
- F3
Words in s. 188(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 304(1) (with Sch. 27); S.I. 2020/1236, reg. 2
Commencement
- I1
S. 188 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)