If a child over the age of 12 is charged with an offence and has been refused bail, and meet the conditions will be sent to youth detention accommodation (YDA). Children who are ten or eleven, or do not meet the conditions, will be remanded to local authority accommodation.1
There are two sets of conditions for being remanded to youth detention accommodation (YDA):
- serious offences condition (when the child is charged with a violent or sexual offence, or one which is punishable with imprisonment of 14 years or more in the case of an adult.); or
- recent history/ history condition (when the child is charged with any other imprisonable offence).
In order for a child to be remanded to youth detention accommodation (YDA), they must be legally represented. If they are not, it must be for one of the following reasons:
- representation was withdrawn because of the child’s conduct;
- representation was withdrawn or refused because of the child’s financial resources; or
- the child refused or failed to apply for representation having been informed of the right to do so and having had the opportunity.
If a child is sent to youth detention accommodation (YDA), the Youth Offending Team (YOT) assesses the child and then the Youth Justice Board (YJB) decides whether a child is sent to a secure children’s home, secure training centre or a Young Offenders Institution (YOI).2
- 1. Section 98 and 99 Legal Aid, Sentencing and Punishment of Offenders Act 2012. Also see LASPO 2012: The New Remand Framework, Ministry of Justice Circular No. 2012/06
- 2. See ‘Placing young people in custody: guide for youth justice practitioners, Youth Justice Board for England & Wales, 31 July 2014