OpenLegislation

Paragraph 11

England and Wales

(1)

Paragraph 4 of that Schedule (presence of offender in court, remands, etc.) is amended as follows.

(2)

In sub-paragraph (5)(b), for “(6)” substitute “ (7A) ”.

(3)

Omit sub-paragraph (6).

(4)

In sub-paragraph (7), at the beginning insert “ Subject to sub-paragraph (7A) below, ”.

(5)

After sub-paragraph (7) insert—

“(7A)

Where the offender is aged 18 or over at the time when he is brought before a youth court other than the appropriate court under sub-paragraph (4) above, or is aged 18 or over at a time when (apart from this sub-paragraph) the appropriate court could exercise its powers under sub-paragraph (7) above in respect of him, he shall not be remanded to local authority accommodation but may instead be remanded—

(a)

to a remand centre, if the court has been notified that such a centre is available for the reception of persons under this sub-paragraph; or

(b)

to a prison, if it has not been so notified.”

Notes on Schedule 5

Textual amendments

F1

Sch. 5 repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)