Remand in custody
If a child is charged with an offence and is refused bail, they must be remanded.
All children who are charged with an offence and refused bail must be remanded into local authority accommodation, or (where certain criteria are met) youth detention accommodation. In both situations, the child will attain looked after status with the local authority’s children’s social care service.
Youth offending teams will assist the court with information relating to:
- available bail packages (eg bail support programmes)
- available local authority accommodation (eg remand into foster care)
- relevant conditions available that may be attached to a remand to local authority accommodation or bail
Remand into local authority care
Care plan
Care planning should consider the child’s needs both during the period of remand and following the court hearing.
The care plan will also need to consider arrangements for the child’s support needs, should they be convicted and receive a custodial sentence.
Local authority support to the child and their family during this time is important, and efforts should be made to ensure that time on remand does not disrupt existing ties between the child and their community.
Detention and training order
A detention and training order (DTO) will sentence a young person to custody.
The court only gives a DTO to a young person who represents a high level of risk, has a significant history of offending or is a persistent offender.
The court will always take into consideration the seriousness of the offence when sentencing a young person to a DTO.
A DTO can be given to 12-17 year olds. The length of the sentence can be between 4 months and 2 years.
What happens next?
You will spend the first half of the sentence in custody and the second half in the community under the supervision of the YOT.
The court can require you to be on an intensive supervision and surveillance (ISS) programme as a condition of the community period of the sentence.
Types of secure accommodation
There are 3 types of secure accommodation in which you can be placed:
- secure training centres (STCs): Purpose-built centres for children who have offended up to the age of 17
- secure children’s homes: Local authority-run provision for 10-17 year olds providing high levels of intensive help and support
- young offenders institutions (YOIs): accommodates children who have offended from the age of 15 to 21 years. Young people between 15 to 17 years of age are held in units completely separate from those for 18 to 21 years old
All young people are assessed when they enter the youth justice system, and the result of this assessment determines where you will be placed.
What support is available?
The YOT will support you and your parent/carer while you are subject to a DTO by working jointly with the institution in relation to education, visits and welfare.
The YOT caseworker will make regular visits to see you and will help direct which intervention is best to support your development.
They will also keep in regular contact with your family and any other agencies involved with you.
Other custodial sentences
Other custodial sentences are available, but rarely used:
- s90 s91, by Crown Court judges to sentence longer than 2 years, or for murder, detention for life
- S226a (dangerousness) or s228 (extended supervision post-release)
Address
Notes
Tel 2 - 020 8356 1090