8.3.4 Bail and Remand Management

Introduction
Remand Information Service and Assessment
Bail Support Programmes
Bail with ISSP Programme
Electronic Monitoring (tagging)
‘Reside where directed’ Condition
Remands to Local Authority Accommodation
Remands to Secure Accommodation (under section 25 CA 1998)
Remands to Secure Accommodation (Court Ordered)
Vulnerable 15 and 16 Year Old Boys
Remands into Custody
Casework with Young People Remanded into Secure Facilities
Appeals

1. Introduction

1.1

This document details local practice arrangements for the assessment and provision of services to young people within the Remand process. It should be read in conjunction with the following documents;

Remands – the Legislative Basis

Placement Process for Remands to Secure Facilities

Please also refer to the Youth Justice Board’s Remand Strategy and Key Elements of Effective Practice – Remands

1.2

The emphasis within the document is of sound assessment procedures at every stage of the remand process in order to maximise the opportunities for young people to receive bail whilst reducing the risk they pose of further offending.

1.3

Paragraphs marked ‘NS’ indicate a requirement under current National Standards (April 2000).

2. Remand Information Service and Assessment

2.1	The YOS court officers will provide this service for sittings in the Youth Court for any young person who may require it.
2.2	In cases where Hillingdon young people are appearing in out of borough or adult courts, the remand officer or, if unavailable, the duty officer from the YOS will undertaken the appropriate investigations and give feedback to the YOS /probation/social work colleague at the court.
2.3	Where necessary, the remand officer/duty officer will attend the court hearing.
2.4	The remand officer/duty officer will ensure the young person has legal representation
2.5	Where the person has been arrested and detained pursuant to a warrant, the officer will ascertain details of the original alleged offence and the reason why the person concerned failed to appear at a police station or court when previously required to do so.
2.6	Where the young person has been arrested and detained under PACE, details of the offence and the reasons for denial of police bail, should be available from the agent who acted as Appropriate Adult, i.e. Emergency Duty Team, YOS duty worker or YOS volunteer.
2.7	The young person and, if present, carers will be interviewed using the Bail Asset. This provides a framework for the risk assessment process. Wherever possible, information should be verified from sources independent of the defendant and it may be necessary for the duty officer based at the YOS to conduct a home visit to speak to the carers. (NS)
2.8	The information obtained will be discussed with the Crown Prosecution Service and the defence solicitor. The purpose in doing so is to ensure that the least intrusive conditions of Remand are placed on the defendant that are consistent with a professional assessment of either: the risk of the defendant re-offending likely to lead to serious harm; the risk of the defendant failing to surrender to custody; the risk of the defendant interfering with witnesses or otherwise obstructing the course of justice; the risk of the defendant’s welfare being seriously prejudiced (their vulnerability) (NS)
2.9	In those cases where it is desirable for the YOT to provide information, due consideration should be given to principles of confidentiality. Information given to either the court, the Crown Prosecution Service or the defendant’s legal representatives should be relevant to the decision that is to be made.

3. Bail Support Programmes

3.1	Bail support programmes are used to provide community based programmes of support to the court as an alternative to a remand to local authority accommodation or secure accommodation. They are available to all young people resident in the borough whose court proceedings begin before their eighteenth birthday.
3.2	The provision of a service to young people should only be considered when it is apparent that all other avenues for the provision of conditional or unconditional bail have been explored. The information obtained and the completed bail asset should inform the nature and content of the support programme that is subsequently offered to the court.
3.3	Any reporting schedule proposed to Court must address the objections to bail and must be realistic in relation to the young person’s ability to comply. It should not conflict with any educational, work, cultural or religious commitments. It should be tailored to the young person needs as identified through the assessment process.
3.4	The young person and parents/carers should be aware of the proposed programme and the consequences of non-compliance before the case is called. A contract detailing the programme will be prepared at court for all relevant parties to sign, a copy of which may be placed on the court file should it be required.
3.5	Should the court accept the programme the bail form should detail the contact days and note that the young person is to cooperate with the bail support scheme. Imposing a condition involving the bail support scheme does not preclude the imposition of any other bail conditions available to the court, although it will not necessarily be the responsibility of the scheme to monitor these additional conditions.
3.6	All young people placed on the bail support scheme by the court will be expected to report to the remand officer, or in their absence the YOS duty officer on the day of the court appearance (or, at the latest, the following day if the former is impracticable). (NS)
3.7	At the first interview the bail support worker will review the programme devised with the young person and the terms of the arrangement, in particular the consequences of non-compliance.
3.8	Whilst a young person is subject to a bail support scheme, there must be a minimum of three contacts a week unless there are exceptional circumstances. A contact can be with the remand officer, volunteer, mentor, sessional worker or other agency to which the young person has been referred. There must be at least one specifically focused session to meet the needs that have been identified in the bail asset assessment. (NS)
3.9	Exceptions to this frequency of contact include the young person who is already subject to a community supervision order and is being seen on a regular basis. However, exceptions must be kept to a minimum, appropriately authorised and recorded on Careworks as having been so by the Operational Manager. (NS)
3.10	Specifically focused sessions will depend on the assessed needs of the young person using Bail asset. For example; Integrating the young person into mainstream education, training and employment. Social skills programmes Health and substance misuse interventions, Opportunities for constructive leisure (NS)
3.11	Home visits or contact with a residential home must take place on a regular basis. (NS)
3.12	In all those cases where there is a risk of non-attendance at court, the remand officer will contact the young person, and their parent(s)/carer(s), to remind him/her to attend court and/or by taking him/her to court. (NS)
3.13	A failure to comply with the requirements of the programme will be followed up by a telephone call or home visit within 24 hours. Where this fails to provide a response, a letter will should be sent out. If there is no reasonable excuse, a written warning will be issued and documented on Careworks. If the failure to comply relates to any elements which are specific conditions of bail, then the police will be notified immediately and appropriate action taken. (NS)

4. Bail with ISSP Programme

4.1

As part of the Bail assessment process the Remand officer will consider whether a bail intensive supervision and support programme (ISSP) may need to be considered where the young person meets the specific criteria as follows:

The young person has been charged, warned or convicted of offences committed on four or more separate dates within the last 12 months, and has received at least one community or custodial penalty or
The current charge or sentence relates to an offence which is sufficiently serious that an adult could be sentenced to 14 years or more, or
The young person has a history of repeat offending on Bail and are at risk of a secure Remand under section 130 of the Criminal Justice and Police Act 2001.

4.2

The young person will have been assessed using the bail asset and the programme will be developed with the ISSP team again focusing on the needs identified. Wherever possible a representative of the ISSP team will attend court.

4.3

Details of the content, structure and management of ISSP bail programmes can be found in the ISSP practice guidelines.

5. Electronic Monitoring (tagging)

5.1	The various Remand status that can involve electronic monitoring are: Conditional bail Bail with a Bail support scheme programme Bail with ISSP programme (mandatory for bail ISSP) Remand into local authority accommodation
5.2	For 12 -16 year olds where tagging is being considered, the relevant YOS must advise the court as to whether electronic monitoring is suitable. There is no such statutory role for YOTs in the process as it applies to 17 year olds; however where the 17 year old is at serious risk of a custodial remand, the remand officer will provide an assessment for the court to assist it to identify an alternative.
5.3	The assessment of the young person and their circumstances as to the suitability of electronic monitoring will be based on three factors: The characteristics of the young person The existence of a suitable address for electronic monitoring – including consideration about members of the household, and the likely effect on them. The Remand officer will need to speak to the householder and the parent or carer, if different. Where the victim is a member of the same household consideration will need to be given as to the possible effect on them if electronic monitoring is imposed. The effect on the child’s education
5.4	The YOS, either through the supervising officer or remand worker, is responsible for informing the school where the young person is subject to electronic monitoring. This person will usually be the Head of Year. The school will be encouraged to advise the YOS of any difficulties arising from the tagging, e.g. school trips. The remand officer may then negotiate with the court any changes to the conditions.
5.5	The YOS is also responsible for informing the contractor of potential risks to personnel.
5.6	Violations of an electronic curfew will be notified to the YOS and the Police. It will be for the police to take formal action on the breach.

6. ‘Reside where directed’ condition.

6.1	This condition may be proposed in those cases where a young person has no stable address but all other indications are that he/she would be granted bail with a condition of residence.
6.2	It should not be proposed as an alternative to a remand to local authority accommodation.
6.3	Careful consideration should be given before offering this option. The legal obligations placed on the authority by such a condition are not clear. There is however a moral and professional obligation to ensure that any accommodation the department directs a young person to reside at is safe and suitable.
6.4	Where a court indicates it is considering this condition, it should be resisted in inappropriate cases and reasons given by the court officer.

7. Remands to Local Authority Accommodation

7.1	The Remand Decision
7.1.1	Where there is a likelihood of bail being refused, it is good practice for the remand officer to attend court. Where it is not possible to send a representative to court, for example where the young person is appearing in an out of borough court, close liaison with the court duty officer is essential.
7.1.2	Where a denial of bail is being considered the remand officer will need to explore a number of alternatives in parallel. Whilst a bail assessment should be undertaken and where appropriate a programme offered, if a remand to local authority accommodation is also a possibility then the Placement Service in Children’s Services should also be alerted in order that a search for a suitable placement can begin – see Placement in Residential Care Procedure.
7.1.3	Wherever possible, a potential placement should be identified prior to the remand so that information to that effect can be provided to the court and so that the young person does not need to remain at court any longer than necessary. There is no duty on the YOS or local authority to give details of the placement except in the case of the 10 or 11 year olds where the court may request a written report on the nature of the placement to be provided within 7 days. It is the responsibility of Children’s Services to provide this report.
7.1.4	The court is required to consult with the local authority before attaching any conditions to a Remand to local authority accommodation. The representative in court should be clearly aware of what conditions are feasible given the nature of the proposed placement. As part of the consultation exercise, efforts should be made to ensure that any condition is: Relevant to the grounds for refusing bail Practical given the nature of the proposed placement; Clear and unambiguous Enforceable No more restrictive than the situation demands. On the other hand, consideration should be given to the pro-active use of such conditions as part of an overall Remand strategy to reduce the use of a secure remand.
7.1.5	If the court is considering electronic monitoring as a condition of the remand to local authority accommodation then the placement will have to be identified and consulted prior to the remand actually being made. If this is not possible then the YOS will have to make a ‘not suitable’ assessment.
7.1.6	Once a young person has been remanded to local authority accommodation, she/he should be escorted from the court as soon as possible. If no placement has been confirmed, then the young person should be taken to the relevant Children’s Services office while arrangements are made.
7.2	Remand to Local Authority Accommodation Placement
7.2.1	Procedures within the authority should be in place, which allow rapid access to a variety of suitable and safe placements at short notice. Decision making in this respect should be at a level that facilitates a rapid response so that information can be available to the court.
7.2.2	The decision as to type of placement should be based upon objections to the granting of bail, seriousness of the offence, previous convictions and considerations of welfare.
7.2.3	Young people remanded to local authority accommodation should not be placed at home unless: There are clear reasons for such a placement, which are not based on consideration of resources but on an assessment of the young person’s circumstances and needs. Appropriate support and supervision is arranged during the Remand through the YOS. (NS) A visit to the home has been conducted to ensure that the family is clear as to the implications of the change in the young person’s remand status; The court is made aware of the local authority’s intention.
7.2.4	Placement with other family members should not be made unless there has been an assessment of the home and an agreement as to the expectations of the potential carer/s – see Immediate Placements with Family and Friends (under Regulation 38) and their Approval as Foster Carers Procedure
7.2.5	Irrespective of the type of placement, it is the responsibility of the local authority to escort the young person to subsequent court hearings. This person may be a social worker, residential worker or foster carer.
7.2.6	Parents should be closely involved in the remand process. In the event of the parents not being in court when bail is refused, attempts should be made to contact the family and advise them of the situation as soon as possible. Parents should be encouraged to attend subsequent court hearings even though their child is placed away from home.
7.2.7	Following a Remand to local authority accommodation, a planning meeting should be arranged by the Children and Families Team social worker within 24 hours at the placement. The aim of the meeting is to: Agree lines of communication between professionals involved and the young person’s family; Identify who will be responsible for which tasks; Agree what support is to be offered to the placement; Ensure that the young person is fully aware of the expectations placed on them whilst in the placement; Clarify the action to be taken in the event of breach of conditions attached to the remand; Give consideration to the prospects of an application for Bail at any stage of the proceedings.
7.2.8	A young person remanded into local authority accommodation is Looked After as defined by the Children Act 1989. Consequently, all procedures for looking after young people apply equally to those who are remanded – see Part 4 of the manual.
7.2.9	Any young person who is remanded to local authority accommodation should have an allocated social worker from Children and Families. The young person will also be allocated within the YOS. If already an open case the supervising officer will be responsible for monitoring and liaising with partners on the remand issues, otherwise this role will be taken by the remand officer.

8. Remands to Secure Accommodation (under section 25 CA 1998)

8.1	With the introduction of court ordered secure remands and the emphasis on assessing vulnerability for 15 and 16 year old boys, it is likely that there will be few young people for whom an application is made under section 25. The most likely circumstances will be where a young person has previously been remanded and placed in open accommodation and issues of significant risk, to the young person or others are subsequently identified such that the authority feels the need to make a section 25 application.
8.2	An application for secure accommodation involves giving evidence on behalf of the local authority. A representative of the local authority should therefore make such an application.
8.3	Where a young person is remanded to secure accommodation, transport should be arranged through a recognised escort services agency.

9. Remands to Secure Accommodation (Court Ordered)

9.1	The court/duty officer should be clear from their own assessment of the young person and their discussions with the CPS and defence solicitor, whether or not the court is likely to consider such a remand.
9.2	The Youth Justice Board will be responsible for identifying a placement in these cases - see Placement Procedure for Remands to Secure Facilities.
9.3	In those cases where the criteria for a secure remand are met, the responsible officer should explore all options in parallel to identify viable alternatives and avoid delays at each stage of the remand decision making process. Thus it may be appropriate to explore open and secure unit vacancies at the same time, as well as bail support. It is important that the officer has obtained as much of the information as possible in each of these areas before the case is called on.
9.4	All the practice issues described above, relating to remands into local authority accommodation, apply equally to court ordered secure remands. In addition the young person must be interviewed following the remand and the Post Court Report completed which will include an assessment of risk of suicide or self harm. (NS)
9.5	The Post Court Report and Bail Asset (or full Asset if a recent one is available) must faxed or sent by secure email to the Youth Justice Board Placement Team and secure facility, and the original passed to the escort service for delivery to the establishment. The remand checklist should be completed and placed on the young person’s court file.
9.6	If not present in court the parents/carers must be notified of the outcome of the court hearing.

10. Vulnerable 15 and 16 Year Old Boys

10.1	It is open to the court to order a secure remand for a 15 or 16 year old male if it considers that the boy is vulnerable and it is notified, in advance, that a bed is available. The arrangements for the placement of the young person, transport to the placement and funding for the placement will then be the same as for court ordered secure remands.
10.2	Vulnerability will be on the basis of immaturity or propensity for self-harm. In most cases the YOS will provide this information and assessing vulnerability will therefore become an issue of prime importance.
10.3	For non Hillingdon young people appearing in our youth court it will be important at an early stage to clarify with the home authority who is taking prime responsibility for the assessment.
10.4	Where the home YOS knows the young person, the information needed to make an assessment is likely to be readily available from the responsible authority. It will be important however for the court officer to undertake an assessment of the young person within the context of the current situation, i.e. their demeanour and behaviour within the cells, and make a note of any relevant information from the police or court security officers. All available information can then be presented to the court on behalf of the responsible authority.
10.5	Where the young person is not known, there will need to be close liaison between the court officer and the home YOS. The court officer, using the bail information form can obtain information from the young person, but the home authority will need to undertake the local background checks with Education and Children’s Services, the family etc.
10.6	Where the court has deemed a young person vulnerable but no secure accommodation is available, the court should be encouraged to remand the case for as short a period as is necessary to obtain such a placement.
10.7	The young person must be interviewed following the remand and the Post Court Report completed which will include an assessment of risk of suicide or self harm. (NS)
10.8	The Post Court Report and Bail Asset (or full Asset if a recent one is available) must faxed or sent by secure email to the Youth Justice Board Placement Team and secure facility, and the original passed to the escort service for delivery to the establishment. When handing the paperwork to the custodian the name should be noted and they should sign and date the back of the office copy of the Post Court Report to confirm that they have taken possession of it. The YOI should subsequently be contacted to confirm receipt.
10.9	The remand checklist should be completed and placed on the young person’s court file.
10.10	Where a vulnerable 15 or 16 year is remanded in prison custody due to the lack of alternative secure accommodation, telephone calls to advise on the vulnerability issues should be made to the secure establishment reception centre and the Youth Justice Board Placements Team who will send a vulnerability alert to the placement. Where there is a risk of self harm the escort contractor should also be informed. (NS)
10.11	If not present in court the parents/carers must be notified of the outcome of the court hearing.

11. Remands into Custody

11.1	As for remands into secure accommodation, the court/duty officer should be clear from their own assessment of the young person and their discussions with the Crown Prosecution Service (CPS) and defence solicitor, whether or not the court is likely to consider such a remand.
11.2	The Youth Justice Board will be responsible for identifying a placement in these cases - see Placement Procedure for Remands to Secure Facilities.
11.3	As a result of the pre-remand work, all young people (including 17 year olds) who are remanded in custody will undergo the assessment process, including risk of self harm, using the bail Asset.
11.4	The young person must be interviewed following a remand into custody, before they leave court to assess whether there is an enhanced risk of suicide or self harm. The Post Court Report Form (PCR) must be completed as fully as possible and it is important to provide as much evidence as is available when completing the form. (NS)
11.5	There are often time pressures when completing the PCR, as the escort service may be waiting to transport the young person to the secure facility. Such pressure should be resisted where at all possible when conducting the post court interview.
11.6	There will be occasions however when the interviewer will have concerns about the amount of information they have been able to obtain. If the young person is an open case to the YOS there will be an Asset on the file. Where the YOS officer is unable to complete the PCR in full there should be cross references made to the information available from the Asset, at each point on the PCR.
11.7	Where the young person is not known to the YOS and there have been difficulties in completing the PCR fully, the YOS officer should contact the receiving unit and advise the reception office of the situation thereby highlighting the need for a more detailed interview of the young person upon their arrival at the unit and possibly additional risk management precautions to be taken. Similarly if there is a particular cause for concern calls should be made to the secure establishment reception centre and the Youth Justice Board Placements Team to advise on the nature of that concern, for example self harm or harm to others. Where there is a risk of self harm the escort contractor should also be informed. (NS)
11.8	The Post Court Report and bail Asset (or full Asset if a recent one is available) must be faxed or sent by secure email to the Youth Justice Board Placement Team and secure facility, and the original passed to the escort service for delivery to the establishment. When handing the paperwork to the custodian the name should be noted and they should sign and date the back of the office copy of the PCR to confirm that they have taken possession of it. The YOI should subsequently be contacted to confirm receipt.
11.9	The remand checklist should be completed and placed on the young person’s court file.
11.10	If the young person has been transported before the YOS officer has had the opportunity to collect all the relevant paperwork the material should be faxed or sent by secure email to the reception centre. A verification slip should be printed from the fax machine and clipped to the office copy of the PCR.
11.11	The relevant social worker should also be notified, as should the parents/carers of the young person. (NS)
11.12	The assessment should be reviewed at subsequent hearings using information obtained from the remand centre and the court advised of any changes in the vulnerability assessment. (NS)

12. Casework with Young People Remanded into Secure Facilities

12.1	Any young person whose bail is denied and who is currently not an open case will be allocated to the remand officer.
12.2	A planning meeting must be held within five working days of arrival at the secure establishment. The supervising/remand officer will work the secure facility to review the initial bail assessment in light of the young person’s reaction to the remand and seek to provide an alternative option, which addresses the concerns of the court. All options should be considered including a remand to local authority accommodation, foster care, bail hostels, bail support and conditional bail, as appropriate to the circumstances. (NS)
12.3	A young person refused bail is entitled to make one further application in the lower courts. Thereafter he/she may only apply if it can be established that there has been a change in circumstances. However the availability of an intensive package of support on another occasion can be considered such a change.
12.4	Whilst the number of bail applications which may be made are limited, there is no limit on the number of applications which may be made for a remand to local authority accommodation. Equally a case for vulnerability may be made subsequent to any remand in custody, where circumstances would warrant such action.
12.5	It is important therefore that the allocated worker maintains close contact with the young person and prison staff during the period of remand so that concerns are identified early and appropriate action taken.
12.6	Remanded young people will be encouraged to take part in programmes linked to their assessed need. The programme must be identified by the unit, in consultation with the supervising/remand officer at the planning meeting. (NS)
12.7	The programme of activities must be reviewed at least monthly at a meeting which the allocated YOT member and parents/carers should be encouraged to attend. (NS)
12.8	Young people remanded in secure facilities should be visited every three/four weeks. Each visit must be followed up by a visit or telephone call to the parent or primary carer, where appropriate.

13. Appeals

13.1	A young person whose bail has been denied may appeal against that decision to the higher courts. Where it has undertaken a risk assessment and identified an alternative that it believes will be effective in managing that risk, the YOS should be pro-active in supporting young people with their appeal in liaison with the young person’s legal representatives.
13.2	Where an application to a judge in chambers is made, a written report should be prepared which examines the ground for denial of bail, the assessment of risk and explores other options, including remands into local authority accommodation, secure accommodation, bail hostels and bail with stringent conditions. The remand officer will attend the hearing.
13.3	Where a young person aged 16 or under intends to appeal against a remand in custody, the Head of Children and Families should be advised and accommodation opportunities explored in advance of the appeal hearing should this be appropriate.

End