These Regulations amend the Children (Secure Accommodation) Regulations 1991 (“the 1991 Regulations”).
Regulation 6 of the 1991 Regulations contains modifications to the criteria in section 25(1) of the Children Act 1989 in relation to children looked after by a local authority who are aged 12 or over but under the age of 17, and who are detained under section 38(6) of the Police and Criminal Evidence Act 1984 (“PACE”).
The age references in the existing Regulation 6 of the 1991 Regulations were originally inserted by the Children (Secure Accommodation) (Amendment) (England) Regulations 2012. This was part of a broader restructuring of the remand framework for young people, introduced by the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
As the obligation on a custody officer in section 38(6) of PACE to move arrested juveniles to local authority accommodation has now been extended to children under 18 years of age, there is a need to align the provisions of Regulation 6 of the 1991 Regulations accordingly.
An impact assessment has not been prepared for these Regulations as no impact on businesses or civil society organisations is foreseen.