Court Bail and Remand
A Practical Legal Guide to Preventing the Pre‑Conviction Detention of Children
Decisions about bail and remand are often the single most consequential point in a child’s criminal case — yet the legal framework is complex, misunderstood, and too frequently misapplied. This in‑depth guide explains how bail and remand for children should operate in law, and how practitioners can intervene effectively to keep children out of custody wherever possible.
Produced by the Youth Justice Legal Centre, this authoritative guide combines clear legal analysis with detailed, practitioner‑focused advice reflecting the most recent statutory reforms, case law and guidance, including the Youth Remand Concordat and post‑2022 changes to LASPO.
It is an essential resource for anyone seeking to challenge unnecessary custodial remands, construct robust bail packages, and enforce the principle that detention is a last resort for children.
What this guide covers:
- The distinct legal framework for bail and remand decisions affecting children
- The presumption of bail for children and the limited, tightly defined exceptions
- How courts must approach objections to bail for imprisonable, summary‑only and non‑imprisonable offences
- Practical guidance on conditional bail, including curfews, electronic monitoring, location monitoring and Intensive Support and Supervision (ISS)
- How to build and present effective bail applications that respond directly to perceived risks
- The law governing remand to local authority accommodation (RLAA) and why it must be considered before custodial remand
- The strict statutory criteria for remand to youth detention accommodation (RYDA) under LASPO
- How courts must assess necessity, welfare and proportionality before ordering custodial remand
- Custody time limits, credit for time on remand, and the calculation of time served
- Renewed bail applications, appeals to the Crown Court, and prosecution appeals
- Special considerations in cases involving murder, breach of bail, and failure to surrender
- The roles and responsibilities of the Youth Justice Service, children’s social care, local authorities and the Youth Custody Service
- Looked‑after child status and the additional safeguards triggered by remand
The guide also includes flowcharts, appendices and practical checklists drawn from the Youth Court Bench Book to support fast, confident decision‑making in court.
Who this guide is for:
- Youth court and Crown Court defence practitioners
- Judges and magistrates
- Youth Justice Services and court duty teams
- Children’s social care lawyers and professionals
- Anyone involved in advocating for children’s liberty and welfare in criminal proceedings
If you represent children facing bail or remand decisions, this guide gives you the legal authority, structure and practical tools to argue effectively for community‑based outcomes and to hold courts and agencies to their statutory duties.
Download now for clear law, tactical guidance, and real‑world strategies to prevent unnecessary remand.