Legislation – Police, Crime, Sentencing and Courts Act 2022
Changes to legislation:
Police, Crime, Sentencing and Courts Act 2022, Section 157 is up to date with all changes known to be in force on or before 06 November 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 157:
- Pt. 2 Ch. 3A inserted by 2024 c. 21 s. 28
- s. 44F inserted by 2024 c. 21 s. 29
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Pt. 2 Ch. 3A inserted by 2024 c. 21 s. 28
- s. 44F inserted by 2024 c. 21 s. 29
PART 8Youth justice
Youth remand
157Youth remand
(1)
The Legal Aid, Sentencing and Punishment of Offenders Act 2012 is amended as follows.
(2)
“(4A)
Before deciding whether to remand a child to youth detention accommodation in accordance with section 102 the court must consider the interests and welfare of the child.”
(3)
In section 98 (first set of conditions for a remand to youth detention accommodation)—
(a)
“(aa)
the sentencing condition (see subsection (2A)),”;
(b)
“(2A)
The sentencing condition is that it appears to the court that it is very likely that the child will be sentenced to a custodial sentence for the offence mentioned in section 91(1) or one or more of those offences.”;
(c)
in subsection (4), at the end (after paragraph (b)) insert “, and that the risks posed by the child cannot be managed safely in the community”
.
(4)
In section 99 (second set of conditions for a remand to youth detention accommodation)—
(a)
in subsection (3), for “there is a real prospect” substitute “it is very likely”
;
(b)
in subsection (5)(a)—
(i)
after “recent” insert “and significant”
;
(ii)
after “remand” insert “, and it appears to the court that the history is relevant in all the circumstances of the case”
;
(c)
in subsection (6)—
(i)
after “recent” insert “and significant”
;
(ii)
after “remand” insert “, and this appears to the court relevant in all the circumstances of the case”
;
(d)
in subsection (7), at the end (after paragraph (b)) insert “, and that the risks posed by the child cannot be managed safely in the community”
.
(5)
In section 100 (first set of conditions for a remand to youth detention accommodation: extradition cases)—
(a)
“(aa)
the sentencing condition (see subsection (2A)),”;
(b)
“(2A)
The sentencing condition is that it appears to the court that, if the child were convicted in England and Wales of an offence equivalent to the offence to which the extradition proceedings relate or one or more of those offences, it is very likely that the child would be sentenced to a custodial sentence for that offence or those offences.”;
(c)
in subsection (4), at the end (after paragraph (b)) insert “, and that the risks posed by the child cannot be managed safely in the community”
.
(6)
In section 101 (second set of conditions for a remand to youth detention accommodation: extradition cases)—
(a)
in subsection (3), for “there would be a real prospect” substitute “it is very likely”
;
(b)
in subsection (5)(a)—
(i)
after “recent” insert “and significant”
;
(ii)
after “remand,” insert “and it appears to the court that the history is relevant in all the circumstances of the case,”
;
(c)
in subsection (6)—
(i)
after “recent” insert “and significant”
;
(ii)
after “remand” insert “, and this appears to the court relevant in all the circumstances of the case”
;
(d)
in subsection (7), at the end (after paragraph (b)) insert “, and that the risks posed by the child cannot be managed safely in the community”
.
(7)
In section 102 (remands to youth detention accommodation)—
(a)
“(za)
state in open court that it has considered subsections (3) and (4A) of section 91,”;
(b)
“(za)
is given in writing to—
(i)
the child,
(ii)
any legal representative of the child, and
(iii)
any youth offending team which appears to the court to have functions in relation to the child,”.