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8.3.18 Remands - The Legislative Basis

Contents        

  1. Relevant Legislation
  2. Remands on Bail
  3. Refusal of Bail
  4. Electronic Monitoring of Curfew Conditions
  5. Other Conditions of Bail
  6. Failure to Answer Bail
  7. Remands to Local Authority Accommodation
  8. Remands to Local Authority Accommodation for 10 and 11 year olds
  9. Remands to Local Authority Accommodation with Conditions
  10. Remands to Local Authority Accommodation with Electronic Monitoring
  11. Remands to Local Authority Accommodation and Applications under Section 25 of the Children Act 1989
  12. Secure Remands
  13. Refusal of Bail and Seventeen-Year Olds

    APPENDIX A


1. Relevant Legislation

1.1

The law relating to Bail and Remand arrangements for children and young persons can be found in:

Bail Act 1976.

Section 23 Children and Young Persons Act 1969 (CYPA 1969) as amended by;

  • Criminal Justice Act 1991 (CJA 91)
  • Criminal Justice and Public Order Act 1994, (CJ&POA 94)
  • Crime and Disorder Act 1998 (CDA 88)
  • Criminal Justice and Police Act 2001 (CJ&PA 2001)
  • Anti- Social Behaviour Act 2003 (ASBA 2003).

Section 123 Criminal Justice Act 1988 (CJA 88)

Part 2 Children Act 1989

Bail (Amendment) Act 1993 

Section 25 and 26 Criminal Justice and Public Order Act 1994 (CJ&POA 94)

Section 128 Magistrates Court Act 1980 (as amended by the Criminal Procedure and Investigations Act 1996)     

Sections 96 and 97 Crime and Disorder Act 1998 (CDA 88)     

Sections 130 to 132 Criminal Justice and Police Act 2001 (CJ&PA 2001)     

Section 90 Anti-Social Behaviour Act 2003 (ASBA 2003)
1.2 Various decisions in case law also illuminate practice and procedures.  These will be referred to throughout the document.
1.3

This document uses the following terms:- 

Young person  

Juvenile

Child 

Youth		 One aged 17

One aged 17 years or younger

One aged 10 to 16 years

One aged 10 to 14 years
1.4 Although most remand hearings for 17 year olds will take place in the Youth Court, remand arrangements for this age group are as for adults.


2. Remands on Bail

2.1 Within the Bail Act 1976 there is a general presumption in favour of bail and that bail will be unconditional.
2.2 Where a court finds that one of the exceptions to the presumption in favour of bail applies (see below), it may attach conditions to bail.  Any such conditions must be relevant to the grounds for finding that the exception is made out (see Sections 4 and 5).
2.3 Failure to comply with bail conditions is not an offence but renders the young person liable to arrest and being taken to the next available court where bail may be withheld.
2.4 Most young people appearing in court will be given unconditional or conditional bail.
2.5 Where a court grants bail, it is open to the Crown Prosecution Service (CPS) to appeal against the granting of bail.  Where notice of such an appeal is lodged, the defendant’s bail will be withdrawn pending a Crown Court hearing which must be held within 48 hours.  In the case of a young person under the age of 17 years, the remand will be to local authority accommodation.


3. Refusal of Bail

3.1

Schedule 1, paragraph 2 and 2A of the Bail Act 1976 provides that a defendant need not be granted bail where a court has substantial grounds for believing that one or more of the exceptions to the right to bail are made out.  The court may therefore refuse bail or attach conditions to bail where there are reasons for believing that:

  1. the defendant would fail to surrender to the court;

    the defendant would commit further offences on bail;

    the defendant would interfere with witnesses or other wise obstruct the court of justice;

    or
  2. the offence is indictable or triable either way and it appears to the court that the defendant was on Bail on the date the offence was committed
3.2 In addition, Schedule 1 provides that a defendant need not be granted bail where the court considers it necessary to refuse bail to protect the defendant or, in the case of a child or young person, to secure his or her welfare.
3.3 The court may also refuse bail where it has insufficient information to make a bail decision; or, where a case has been adjourned for a report, it would be impracticable to complete the necessary inquiries if the defendant was granted bail.
3.4 Section 25 of the Criminal Justice and Public Order Act 1994 provides that a young person shall not be granted bail where he has served a sentence of long term detention under section 53 of the Children and Young Persons Act 1933 in respect of an offence of homicide, rape, attempted homicide or attempted rape and he is changed with a further similar offence.
3.5 The nature and seriousness of the offence is not in itself a reason to deny bail but may constitute grounds for believing that one of the exceptions to bail applies.  A young person’s antecedents, previous responses to bail and community ties may also be factors which can be considered when determining whether the exceptions to bail are made out.
3.6 Where conditions are attached to bail or bail is refused, the court must state its grounds for finding that an exception to bail exists.
3.7 A defendant refused bail is entitled to make a further full application for bail.  After two unsuccessful applications have been made, bail may only be applied for if the defence can establish that there has been a change of circumstances.  The availability of a bail support programme may constitute such a change.
3.8 Where bail is refused, the defence can appeal to a Crown Court Judge sitting in chambers.  Such an appeal would usually be made where applications to the lower court have been exhausted.
3.9 Where bail is refused, custody time limits apply (both to remands to local authority accommodation and remands to custody).  Where the case is to be dealt with in the Youth or Magistrates Court, the time between first refusal of bail and the commencement of trial must not exceed 56 days.  Where the matter is to be tried at Crown Court, the maximum period from refusal of bail to the date of committal is 70 days.


4. Electronic Monitoring of Curfew Conditions

4.1 Section 131 of the Criminal Justice and Police Act 2001 (CJPA 2001) amends Section 3 of the Bail Act 1976 to give the courts the option of ordering electronic monitoring for 12 to 16 year olds as a means of ensuring compliance with bail conditions. Electronic monitoring on bail was extended to 17 year olds in July 2003. Electronic monitoring can be used on its own or used in conjunction with other bail conditions such as a bail support programme or an ISSP.
4.2

The criteria which must be met before a court can impose electronically monitored Bail on a 12 to 16 year old are as follows:

  • The child or young person must have attained the age of 12
  • He/she must have been charged with or convicted of a violent or sexual offence, or an offence punishable in the case of an adult with 14 years’ or more imprisonment, (3AA (3) (a)    

    or

    have been charged with or convicted of one or more imprisonable offences which amount to a recent history of repeatedly committing imprisonable offences while remanded on Bail or to local authority accommodation (3AA)(3)(b). A list of imprisonable offences is attached at Appendix A
  • The relevant youth offending team must have informed the court that in its opinion, tagging is suitable in the particular case. 
4.3 For 17 year olds the position is different as the criteria noted above do not apply. However as with the imposition of bail conditions, a requirement that the young person should be electronically monitored should itself be linked to the relevant bail objections.
4.4 The criteria in paragraph 4.2, as they relate to seriousness and persistency, are mirrored in the criteria for secure remands – see Section 8. The difference is the additional element that the court must have the view that only a secure remand will provide adequate protection from serious harm or further offending. Where the court takes the view that the likelihood of further offending or serious harm to the public is not sufficient to warrant custody, tagging as a condition of bail (or as a condition of a remand into local authority accommodation - see Section 7, Remands to Local Authority Accommodation offers a strong option.  
4.5 In the case of 12 to 16 year olds where tagging is being considered, the relevant YOT 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 such that the court may impose electronic monitoring of 17 year olds without the involvement or knowledge of the YOT.
4.6 Where a parent or guardian consents to enter into a recognisance or provide a security conditional upon the child or young person complying with conditions imposed by the court, the parent or guardian may be required to secure that they comply with electronic monitoring of bail conditions (section (3)(7) as amended by section 131(3) CJPA 2001).


5. Other Conditions of Bail

5.1 A surety may be required as a condition to a release on bail. A surety is a person who offers to pay the court a set sum of money if the young person fails to attend court, having demonstrated that they have the means to pay if necessary. In the case of a young person under 17, the court may tackle a surety from the parent or guardian of no more than £50.
5.2 A young person can also be required to provide a security before being granted bail. The security must be lodged with the court prior to release and has to consist of real money or items of value such as travellers’ cheques or passports.
5.3 A condition may require regular reporting by the young person to a designated police station on designated days.
5.4 A condition may require reporting by the young person to the Bail Supervision and Support Programme which is operated in accordance with National Standards. The young person is required to report to the scheme at least three times per week. Young people should receive help and support in attending court and will be supported and assisted in complying with their bail conditions and to prevent further offending on bail.
5.5

Bail Intensive supervision and support programmes (ISSP) are available for young people on Bail who meet the specific criteria of having been charged been charged, warned or convicted of offences committed on four or more separate dates within the last 12 months, and received at least one community or custodial penalty.

In addition, young offenders can also qualify for ISSP if they are at risk of custody because:

  • 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
  • they have 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.

Bail ISSP is a highly intensive intervention comprised of a 25 hour per week programme with access to support at evenings and week ends and a high level of surveillance. Bail ISSP is also subject to National Standards.
5.6 An exclusion zone can be imposed requiring the young person to avoid certain areas, premises or activities. Similarly the court may specify a non association condition which means that the young person may not associate with a named individual.
5.7 The court may impose a number of different conditions with regards to residence including residence at a particular address or in exceptional circumstances and after a full risk assessment at an approved bail hostel. The decision to place in an approved bail hostel must be made by an Assistant Chief Probation Officer or above.
5.8 Other conditions include to cooperate with the preparation of report and to attend an appointment with a legal adviser. These are usually imposed if there is a suggestion that the young person may not keep appointments and the process will be delayed as a result.


6. Failure to Answer Bail

6.1

Failure of the bailed person to surrender to the custody of the court at the appointed time is a criminal offence and can be enforced by:

  • Arrest – a warrant can be issued with or without Bail. Once the young person next appears before the court a decision will made about whether to prosecute them under the bail Act 1976.
  • By charge – the young person can be convicted of absconding or failure to surrender with reasonable cause.
6.2 Breach of bail conditions is not a criminal offence; however the young person can be arrested and brought before the court which will then review the bail decision.


7.Remands to Local Authority Accommodation

7.1 Where bail is denied for a juvenile (i.e. under 17) the remand, unless there are exceptional circumstances (see below), will be to local authority accommodation.  The powers of the court where bail has been refused can be found in Section 23 of the Children and Young Persons Act 1969.
7.2 The local authority to whom the remand is made will be that where the young person resides or, if of no fixed abode, the authority in whose area the offence has allegedly been committed.
7.3 In such circumstances the young person is Looked After by the local authority.  Parental responsibility is not affected by the remand.
7.4

Where a juvenile is remanded to local authority accommodation prior to conviction or committal to Crown Court, the Remand period is generally for a maximum of eight clear days.  There are however two exceptions to the limit:

  1. The court may Remand a defendant up to 28 days provided the defendant is before the court, legally represented and consents not to be produced.
  2. The court may remand a defendant for up to 28 days without consent provided that the defendant is before the court, has previously been remanded for the same offence and the court has set a date when it expects to be able to move to the next stage of proceedings.
7.5 At the point of committal, the Youth Court will set a date for pleas and directions at Crown Court.
7.6 Post conviction the remand period cannot exceed three weeks.
7.7 A remand to local authority accommodation places on that authority the responsibility of producing the young person for the next court appearance.  No obligation to attend court is imposed upon the juvenile and no Bail Act offence is committed if s/he does not attend court.  The court may however issue a warrant for the juvenile’s arrest under Section 13 of the Magistrates Court Act 1980 where it hears information sworn on oath.  Such information will generally be provided by the police.
7.8 The decision as to where to place a young person is at the discretion of the local authority subject to any conditions imposed by the court (see 9.1), although for 10 and 11 year olds the court may require the local authority to provide a written report on the placement arrangements (see Section 8 below)  However, the local authority must be mindful of its obligations to produce the juvenile at court and to take reasonable steps to protect the public from the risk of further offences being committed by the juvenile during the remand period.  The local authority must also take into account that the court has refused bail and decided that the juvenile should not be allowed to return home. 


8. Remands to Local Authority Accommodation for 10 and 11 year olds

8.1 If the court believes that the child is a persistent offender or charged with a serious offence, it can require a local authority to report back (either by oral or written report) within a maximum of 7 working days on how it would undertake its responsibilities if the court decided to remand the child to local authority accommodation (Section 23B of the Children and Young Persons Act 1969, as inserted by section 90 of the Anti Social Behaviour Act 2003).
8.2 Persistent should be given in its natural meaning (as is the case in section 100 (2) (a) of the Powers of Criminal Courts (Sentencing) Act). The definition of "serious" for the purposes of this section is defined in S23B (7) as ‘an offence punishable in the case of an adult with imprisonment for two years or more’.
8.3 This power enables the court to remand the child with reliable information about where he or she will be living during the period of the remand and about the support that the child will be offered in the knowledge of where he or she will be placed.
8.4 This provision has been introduced for 10 and 11 year olds as court ordered secure remands are only available for young offenders aged 12 and over. For 10 and 11 year old offenders the court can only bail the child or remand them to local authority accommodation. It is then up to the local authority to decide where the child should be placed on remand – this includes sending the child home. The provision of a report by the local authority will enable the court to be aware of where the child would be placed if the court decided to remand the child to local authority accommodation.
8.5 If the court is not satisfied with the local authority's initial report, it could then direct the local authority to make investigations under section 9 of the Children and Young Persons Act 1969. The results of any such investigations would be taken into account at the sentencing stage. The key aim is to make sure that, where appropriate, 10 and 11 year olds appearing before the court have their circumstances examined by the local authority. Courts should make sure that a court remanding a 10 or 11 year old to local authority accommodation can do so with as much information available as possible.


9.Remands to Local Authority Accommodation with Conditions

9.1 The court may, having consulted the local authority, impose on the child or young person any conditions that it could have imposed under section 3(6) of the Bail Act 1976.  It may not however impose a condition to reside at a specific address although it can stipulate that the young person should not be placed with a named individual. The court must explain to the defendant in open court why it is imposing the conditions; and in the case of a magistrates court (including a youth court), the reasons must be specified in the warrant of commitment and entered into the court register.
9.2 Before imposing conditions on the young person the court must consult beforehand with the local authority unless it is impracticable in all the circumstances.
9.3 Conditions on the defendant or requirements on the local authority may be varied or revoked by the court on the application of either the defendant or the local authority.
9.4 Where a defendant is believed to be in breach of a condition that has been imposed on him or her, s/he may be arrested by a constable and placed before the court.
9.5 Where a remanded person is absent from premises where he is required to reside, s/he may be arrested without a warrant by a constable who shall then take him or her back to the accommodation at which the relevant local authority requires him or her to live or to some other place of safety (section 30 Children and Young Persons Act 1969).


10.Remands to Local Authority Accommodation with Electronic Monitoring

10.1 Section 132(1) of the CJPA 2001 amends section 23(7) of the CYPA 1969 to give courts the option of ordering electronic monitoring as a means of ensuring compliance with conditions of a remand to local authority accommodation.
10.2 Section 132(2) inserts a new section 23AA into the CYPA 1969, which sets out the criteria and arrangements for electronic monitoring for those remanded to local authority accommodation.    These are the same as the provisions in section 131 for those on bail (see paragraphs 4.2 and 4.3 above.).
10.3 For placements in local authority residential accommodation, the consent of Children’s Services should be sought for the use of electronic monitoring.


11.Remands to Local Authority Accommodation and Applications under Section 25 of the Children Act 1989

11.1 When a court remands a child/young person to local authority accommodation the authority may, if it can satisfy certain conditions, seek a secure accommodation order to place the young person in local authority secure accommodation.  Applications are made under section 25 of the Children Act 1989. Given the powers of the court to order a secure remand in local authority accommodation it is unlikely that this is an option which will be actively pursued by the authority.
11.2

The court must be satisfied that the following conditions are met;

The young person has been charged with or convicted of an offence punishable in the case of an adult with a term of imprisonment of 14 years or more;

or

Is charged with or convicted of a violent or sexual offence;

or

Has a recent history of absconding while remanded to local authority accommodation,

and

It appears that any accommodation other than that provided for the purpose of restricting liberty is inappropriate because;

He is likely to abscond from other such accommodation,

or

He is likely to injure himself or other people if he is kept in any such other accommodation.
11.3 In the case of a child under the age of 13, the local authority will be required to obtain prior approval of the Secretary of State for Health before placing such a child in secure accommodation (Regulation 4 of Children (Secure Accommodation) regulations 1991).
11.4 The length of the order will be for the length of the remand.
11.5 The Crown Court does not have jurisdiction to make Secure Accommodation Orders under section 25.  On transfer for trial or committal for sentence the youth or adult magistrates’ court which remanded or committed the young person may make an order for up to 28 days. A renewal of such an order will be to the respective youth or magistrates’ court.
11.6 Once the young person appears before the crown court and is remanded by that court, should the local authority wish to make a further application for a Secure Accommodation Order then this must be made to the Family Proceedings Court.


12. Secure Remands

12.1 Section 130 of the Criminal Justice and Police Act 2001 amends section 23 of the Children and Young Persons Act 1969, extending the criteria for remands either to local authority secure accommodation or to prison service accommodation, for 12 to 16 year olds.
12.2

The criteria for a secure Remand is that the young person:

  • Has been charged with or convicted of a violent or sexual offence, or an offence punishable in the case of an adult with imprisonment for a term of 14 years or more;

    Or
  • Is charged with or has been convicted of one or more imprisonable offences which, together with any other imprisonable offences of which he has been convicted in any proceedings –

    amount, or-    

    would, if he were convicted of the offences with which he is charged, amount,

    to a recent history of repeatedly committing imprisonable offences while remanded on Bail or to local authority accommodation.     

    AND     
  • in either case, the court is of the opinion, after considering all the options for the Remand of the person, that only a secure remand would be adequate:

    EITHER -    to protect the public from serious harm from him,

    OR - to prevent the commission by him of imprisonable offences.
12.3 The terms “recent” and “repeat” offending are not defined in the relevant legislation and are therefore for the courts to interpret.  The provision extends to offences alleged to have been committed before the relevant implementation date.
12.4

In the case of a violent or sexual offence serious harm means:

“Death or serious personal injury, whether physical or psychological, occasioned by further such offences committed by him”.
12.5

Home office Circular 78/1992 states:

“Serious harm is not defined in relation to other offences.  However, the definition for violent and sexual offences gives an indication of the gravity of the harm to which the public would have to be exposed from a young person in other circumstances before the test is likely to be satisfied”.
12.6 Section 130(3), by the inclusion of a new (5AA) in section 23 of the CYPA 1969, puts an express duty upon courts to consider all the other options for a remand of the child or young person, before making a decision on a secure remand.
12.7 No secure remand can take place without the child or young person being given the opportunity to apply for legal aid. In addition the court must consult the local authority, probation service or youth offending service (CYPA1969 Section 23(4)).
12.8 The court must state in open court, in ordinary language on what basis it is making the decision that secure accommodation is necessary to protect the public from serious harm or prevent further offending.
12.9

The maximum period of a secure Remand is the same as that for a remand to local       authority accommodation.           

 12-14 year olds and 15-16 year old girls.
12.10 As set out in Section 23 of the Children and Young Persons Act 1969, for certain groups of juveniles a secure remand will be to a local authority. The court must designate the relevant local authority and there is a requirement on the court to consult with that authority, usually through the YOS, before it imposes a security requirement (Section 23(4) CYPA 1969).  The purpose of this consultation is for the court to have all relevant information so it is best placed to make the appropriate decision.  Such information will include the nature and availability of community, non-secure and secure provisions.
12.11 A remand to local authority accommodation is a refusal of bail.  It would therefore appear to be open to the defence to apply to the court that a young person previously remanded to custody should be remanded to local authority accommodation even where bail applications have been exhausted.
12.12

A young person remanded to local authority secure accommodation, regardless of where placed, under section 23 of the CYPA 1969 has the status of a Looked After Child.

Secure Training Centres
12.13 Section 133 (CJPA 2001) allows placing local authorities to apply to the Secretary of State for a placement to be made in a Secure Training Centre (STC) when they are faced with a young remand for whom it is impossible to find a suitable local authority secure placement.
12.14

There are strict criteria for the placing of Court Ordered Secure Remands into STCs:

  1. The young person has been refused admission to a local authority secure unit in either the current proceedings or any previous ones, on the basis of the type of the offence, potential disruption to the unit or having an identified behavioural difficulty or medical condition which cannot be safely managed in the unit;

    and
  2. In all cases the court must have decided that the young person poses a significant risk to the community and/or her/himself if not placed immediately in a secure environment.

15 and 16 year old boys
12.15 Most 15 and 16 year old boys will be remanded into prison service accommodation. Some 15 and 16 year old boys, because of their physical or emotional immaturity or propensity to harm themselves, should not be remanded to prison service accommodation.
12.16

Following consultation with a member of the YOT, the court may Remand such a youth to local authority secure accommodation provided that:

  • the criteria for secure Remand are met
  • the court is of the opinion that by reason of his physical or emotional immaturity or propensity to harm himself, it would be undesirable for him to be remanded to a remand centre or prison
  • it has been notified by the YOS that secure accommodation is available
12.17 It is the responsibility of the YOS to provide the court with information as to the young person’s vulnerability. Supporting medical evidence may be appropriate. 
12.18

Where the young person appears to meet the definition of ‘vulnerability’ but no local authority accommodation is immediately available, an application to the Secretary of State can be made to place the young person in an STC (see 7.13 and 7.14). If neither placement option is available the initial Remand will be to prison.  The court has the option of setting a short remand period to allow the local authority to find a suitable placement.

Remands to Custody (15 or 16 year old boys)
12.19 Non-vulnerable 15 and 16 year old boys will be placed in prison service establishments where the criteria for a secure remand are met.


13. Refusal of Bail and Seventeen Year Olds

13.1 In the case of a 17 year old, a remand to custody will arise upon a refusal of bail.


APPENDIX A

List of imprisonable offences

N.B   This list is not intended to be exhaustive.    It is simply intended to assist YOTs and others in determining whether alleged offences are covered by the tagging criteria.

OFFENCES PUNISHABLE WITH LIFE IMPRISONMENT

COMMON LAW OFFENCES FOR WHICH STATUTE PROVIDES MANDATORY LIFE SENTENCE
Murder    s.1  Murder (Abolition of Death Penalty) Act 1965

COMMON LAW OFFENCES FOR WHICH STATUTE PROVIDES MAXIMUM OF LIFE IMPRISONMENT
Attempted murder  s.4 Criminal Attempts Act 1981
Manslaughter  s.5 Offences Against the Person Act 1961

OFFENCES CARRYING MAXIMUM PENALTY OF LIFE IMPRISONMENT

Aviation Security Act 1982

s.1

Hijacking
s.2 Destroying, damaging or endangering safety of aircraft
s.3 Other acts endangering or likely to endanger safety of aircraft

Biological Weapons Act 1974

 s.1   Developing, producing, stockpiling, acquiring or retaining biological agents and toxins and biological weapons

Criminal Damage Act 1971

 s.1 & 3  Arson; criminal damage endangering life (whether arson or not)

Criminal Justice Act 1988

 s.134 Torture

Customs and Excise Management Act 1979

 s.50   Importation of Class A drugs controlled under the Misuse of Drugs Act 1971
s.68 Exportation of Class A drugs controlled under the Misuse of Drugs Act 1971
s.170 Knowingly concerned in fraudulent evasion of prohibition on importation and exportation of Class A drugs controlled under the Misuse of Drugs Act 1971

Explosive Substances Act 1883

 s.2 Causing explosion likely to endanger life or property
s.3 Attempt to cause explosion, or making or keeping explosive with intent to endanger life or property

Firearms Act 1968

 s.16  Possession of firearm with intent to endanger life or injure property
s.17(1)  Use of firearms to resist arrest
s.17(2  Possessing firearm while committing an offence specified in Schedule 1
s.18(2)  Carrying firearm or imitation firearm with intent to commit an indictable offence or to resist arrest

Infanticide Act 1939

 s.1   Infanticide

Infant Life (Preservation) Act 1929

 s.1 Child destruction

Malicious Damage Act 1861

 s.35 Placing wood, etc, on railway, taking up rails, etc. turning points, showing or hiding signals, etc, with intent to obstruct or overthrow any engine, etc

Misuse of Drugs Act 1971

 s.4(2)    Production, or being concerned in the production of a Class A controlled drug
s.4(3) Supplying or offering to supply a Class A controlled drug or being concerned in the doing of either activity by another
s.5(3) Having possession of a Class A controlled drug with intent to supply to another

Offences Against the Person Act 1861

 s.4   Soliciting to commit murder
s.17  Impeding a person endeavouring to save himself from shipwreck
s.18 Wounding with intent to do grievous bodily harm
s.21 Attempting to choke etc, in order to commit indictable offence
s.22 Using chloroform etc. to commit indictable offence
s.28  Causing bodily injury by gunpowder
s.32 Placing wood, etc, on railway, taking up rails, turning points, showing or hiding signals, etc, with intent to endanger passengers
s.33  Casting stone, etc, upon a railway carriage, within intent to endanger the safety of any person therein, or in any part of the same train
s.58    Administering drugs or using instruments to procure abortion

Piracy Act 1837

 s.3  Offences which amount to the crime of piracy under the Piracy Acts 1698 and 1721

Sexual Offences Act 1956

   s.1    Rape, and attempted rape
s.5   Unlawful sexual intercourse with girl under 13
s.10  Incest by a man with girl under 13
s.12 Buggery, and attempted buggery, with an animal or a person under 16
s.25 Permitting girl under 13 to use premises for intercourse

Taking of Hostages Act 1982

 s.1   Hostage taking

Theft Act 1968

 s.8   Robbery
s.10  Aggravated burglary

Treason Felony Act 1848

 s.3 Treason felony

OFFENCES CARRYING A MAXIMUM PENALTY OF 14 YEARS' IMPRISONMENT
Burglary in a dwelling s. 9 (Theft Act 1968)
Blackmail s.21 (Theft Act 1968)
Handling stolen goods s.22 (Theft Act 1968)
Importation or exportation of Class B drug (Customs and Excise Management Act 1979)
Assisting an offender to retain the benefit of his proceeds s.24 (Drug Trafficking Offences Act 1986)
Production or being concerned in the production of Class B drug s.4(2) (Misuse of Drugs Act 1971)
Supplying or offering to supply Class B drug s.4(3) (Misuse of Drugs Act 1971)
Having possession of Class b drug with intent to supply s.5(3) (Misuse of Drugs Act 1971)
Manufacturing or supplying a scheduled substance s.12 (Criminal Justice (International Co-operation Act) 1990)
Making or possession of explosives under suspicious circumstances s.4 (Explosives Act 1883)
Abduction of female by force s.17 (Sexual Offences Act 1956)
Abduction of female having interest in property s.18 (Sexual Offences Act 1956)
Fraudulently printing, mutilating or re-issuing stamps s.13 (Stamp Duties Management Act 1891)

OFFENCES CARRYING A MAXIMUM PENALTY OF 10 YEARS’ IMPRISONMENT
Conspiracy to defraud (common law offence)
Cruelty or neglect of children s.1 (Children and Young Persons Act 1933)
Destroying or damaging property s.1 (Criminal Damage Act 1997)
Threatening to commit/possession with intent to destroy or damage property s.2/3 (Criminal Damage Act 1971)
Assisting offender by impeding his apprehension or prosecution in a case of murder s.4 (Criminal Law Act 1967)
Assisting prisoner to escape s.39 (Prison Act 1952)
Harbouring escaped prisoner s.22 (Criminal Justice Act 1961)
Prison mutiny s.1 (Prison Security Act 1992)
Facilitating or assisting entry of an illegal immigrant s.25 (Immigration Act 1971)
Forgery s.1 (Forgery and Counterfeiting Act 1981)
Copying/using/using a copy of a false instrument s.2/3/4 (Forgery and Counterfeiting Act 1981)
Making counterfeit coin or note intending that he or another shall pass it as genuine s.14 (Forgery and Counterfeiting Act 1981)
Making threats to kill s.16 (Offences Against the Person Act 1861)
Riot s.1 (Public Order Act 1986)
Contamination of or interference/threaten or claim to contaminate or interfere with goods with intention of causing public alarm, anxiety, economic loss, etc s.38 (Public Order Act 1986)
Causing death by dangerous driving s.1 (Road Traffic Act 1988)
Causing death by careless driving while under the influence or drink or drugs s.3A (Road Traffic Act 1988)
Indecent assault on a woman s.14 (Sexual Offences Act 1956)
Indecent Assault on a man s.15 (Sexual Offences Act 1956)
Indecent conduct towards a child under 14 s.1 (Indecency with Children Act 1960)
Burglary in a building other than a dwelling s.9 (Theft Act 1968)
Obtaining property by deception s.15 (Theft Act 1968)
Fraudulent application or use of trademark s.58A (Trade Marks Act 1938)

OFFENCES CARRYING A MAXIMUM PENALTY OF 7 YEARS’ IMPRISONMENT
Causing danger by causing anything to be on a road, interfering with a vehicle or traffic equipment
Theft s.1 (Theft Act 1968)
Child abduction
Incest by a man, except with a girl under 13 s.10 (Sexual Offences Act 1956)
Man living on earnings of prostitute s.30 (Sexual Offences Act 1956)
Woman exercising control over prostitute s.31 (Sexual Offences Act 1956)
Man or woman living wholly or in part on earnings of male prostitution
Bigamy
Placing or dispatching articles to cause a bomb hoax
Communicating false information alleging the presence of bombs
False accounting
Fraudulent trading
Insider dealing
Disposal of property obtained as credit and unpaid for
Assisting offender
Perjury and false statements

OFFENCES CARRYING A MAXIMUM PENALTY OF 5 YEARS' IMPRISONMENT
Aggravated vehicle-taking where a death occurs s.12A (Theft Act 1968)
Inflicting bodily injury with or without weapon s.20 (Offences Against The Person Act 1863)
Assault occasioning actual bodily harm s.47 (Offences Against the Person Act 1863)
Abandoning children under 2 years
Buggery/attempt to commit buggery by a man of 21 or over with another male person under 18 with consent
Indecency by a man of 21 or over with another male person under 18
Violent disorder s.2 (Public Order Act 1986)
Production/supply/importation of Class C drug
Possessing etc firearm or ammunition without firearm certificate
Carrying loaded firearm in public
Shortening a shotgun
Possessing or distributing prohibited weapons or ammunition
Trespassing with firearm in a building
Abstracting of electricity s.13 (Theft Act 1968)
Obtaining pecuniary advantage by deception s.16 (Theft Act 1968)
Aviation security offences in relation to certain dangerous articles
Unlicensed disposal of controlled and poisonous/polluting/noxious waste likely to cause an environmental hazard
Other waste offences

OFFENCES CARRYING A MAXIMUM PENALTY OF 3 YEARS' IMPRISONMENT
Offences under the Firearms Act 1968
Publication of obscene matter s.2 (Obscene Publications Act 1959)
Taking, distributing, showing, possessing with a view to distributing or showing, advertising, etc an indecent photograph of a child s.1 (Protection of Children Act 1978)
Presentation of an obscene performance of a play s.2 (Theatres Act 1968)
Affray s.3 (Public Order Act 1986)
Going equipped for stealing s.25 (Theft Act 1968)
Agricultural charge fraud s.11 (Agricultural Credits Act 1928)

OFFENCES CARRYING A MAXIMUM PENALTY OF 2 YEARS' IMPRISONMENT
Owner of person in charge allowing dog to be dangerously out of control in a public place injuring any person s.31(1) (Dangerous Dogs Act 1991)
Falsely describing or presenting food s.15 (Food Safety Act 1990)
Indecent matter publicly displayed s.1 (Indecent Displays (Control) Act 1981
Sending advertisements and representations for medicinal products to practitioners s.96 (Medicines Act 1968)
Assault with intent to resist apprehension or assault on person assisting a constable s.38 (Offences Against the Person Act 1861)
Post Office servant opening up or delaying post s.58 (Post Office Act 1953)
Possession of offensive weapons without lawful authority or reasonable excuse s.1 (Prevention of Crime Act 1953)
Dangerous driving s.2 (Road Traffic Act 1988)
Unlawful sexual intercourse with girl under 16 s.6 (Sexual Offences Act 1956)
Man soliciting or importuning in a public place for immoral purposes s.32 (Sexual Offences Act 1956)
Unqualified person acting as a solicitor s.20 (Solicitors Act 1974)
Fraudulent use of public telecommunication system s.43 (Telecommunications Act 1984)
Making off without payment s.3 (Theft Act 1978)
Aggravated vehicle-taking where there is dangerous driving, injury or damage to the vehicle s.12A (Theft Act 1968)
False trade descriptions s.1 (Trade Descriptions Act 1968)

OFFENCES CARRYING A MAXIMUM PENALTY OF 6 MONTHS IMPRISONMENT AND/OR LEVEL 5
Common assault s.39 (Criminal Justice Act 1988)
Assaulting a police officer s.51 (Police Act 1964)
Impersonating a police officer s.52 (Police Act 1964)
Using threatening, abusive or insulting words or behaviour towards a person with intent to cause that person to believe immediate unlawful violence will be used against him etc s.4 (Public Order Act 1986)
Making obscene or malicious telephone calls s.43 (Telecommunications Act 1984) *
Possession of indecent photograph of a child s.160 (Criminal Justice Act 1988) *
Selling or letting for hire a crossbow to person under 117 s.1 (Crossbows Act 1987)
Manufacturing, selling, hiring, etc flick knives and gravity knives s.1 (Restriction of Offensive Weapons Act 1959)
Cruelty to animals s.1 (Animal Protection Act 1911)
Driving or attempting to drive with excess alcohol in breath, blood or urine s.5(1)(a) (Road Traffic Act 1988)
Driving while disqualified s.103(1)(b) (Road Traffic Act 1988)
Failing to stop after accident and give particulars or report accident s.170(4) (Road Traffic Act 1988)
Taking a motor vehicle without consent s.12 (Theft Act 1968)
Use of violence for securing entry s.6 (Criminal Law Act 1977)


Remand Options - Degree of Restriction of Liberty
Secure Remand
RLAA with Tagging
RLAA Accommodation
Bail ISSP (where available) with tagging
Bail ISSP (where available) with voice verification
Bail ISSP (where available)
Bail Supervision and Support with Tagging
Bail Supervision and Support
Conditional Bail with tagging
Conditional Bail
Unconditional Bail

End