Remand to youth detention accommodation

  • This is a refusal of bail. Before being remanded to youth detention accommodation the court must find exceptions to the ‘right to bail’ under the Bail Act. Different grounds apply, depending on the type of offence the youth is charged with.
  • Youth detention accommodation may be a secure children’s home, secure training unit or a young offenders’ institution.
  • The court can make an order provided one of the following sets of conditions apply:

First set of conditions

  1. Age condition – the child must be 12 to 17 years old;
  2. Offence condition – offence must be a violent or sexual offence, or an offence carrying 14 years’ imprisonment or more in the case of an adult;
  3. Necessity condition – the court must be of the opinion that, after considering all of the options for the remand of the child, that only remanding the child to youth detention accommodation would be adequate to:
    1. protect the public from death or serious personal injury (physical or psychological) occasioned by further offences, or
    2. prevent the commission by the child of imprisonable offences;
  4. First or second legal representation condition – The first condition is that the child is legally represented. Failing this, it is enough for the second condition to be satisfied if the child was represented but the representation was withdrawn (due to the child’s conduct or their financial resources), or if the child applied for representation but was refused (on the grounds of financial resources), or if the child (having been informed of the right to apply for representation) refused or failed to apply.

Second set of conditions

  1. Age condition – the child must be 12 to 17 years old;
  2. Sentencing condition – it must appear to the court that there is a real prospect of a custodial sentence for the offence;
  3. Offence condition – offence must be imprisonable;
  4. First or Second history condition – The first history condition is that the child has a recent history of absconding while subject to a custodial remand and the offence (or one or more of them) is alleged to have been or has been found to be committed while the child was remanded to local authority accommodation or youth detention accommodation.
    The second history condition is that the offence together with any other imprisonable offences of which the child has been convicted in any proceedings, amount or would, if the child were convicted of that offence or those offences, amount to a recent history of committing an imprisonable offence while on bail or subject to a custodial remand;
  5. Necessity condition – see First set of conditions above;
  6. First or second legal representation condition – see First set of conditions above.