Secure remand
In 22 April 2003 courts in the ten street crime force areas were given the power to remand young offenders aged 12-16 into secure accommodation. The powers were available in the rest of the country from 16 September 2002.
The powers, brought into force by the implementation of Section 130 of the Criminal Justice and Police Act 2001, give courts the power to remand a 12-16 year old into secure detention, where the court is of the view that the individual is likely to carry on consistently breaking the law when out on bail.
The powers will apply to persistent young offenders who have committed medium level offences such as criminal damage, non-domestic burglary, vehicle crime, theft, and affray. Offences such as robbery, aggravated burglary, and more serious assaults already attract secure remands.
Implementation of Section 130 closes the loophole in the law that allows persistent young offenders to walk away from court on bail and carry on committing offences.
Bail Tagging
Sections 131 and 132 of the 2001 Act allows courts to tag 12-16 year olds while on bail or on remand to local authority accommodation. This will increase the number of options available to the courts for dealing with children and young people who repeatedly offend while on bail as an alternative to custody.
The provisions came into force in the ten areas on 22nd April 2002, and in the rest of the country from 1 June 2002.
Electronic bail tagging for juvenile offenders is designed to prevent offenders committing further offences while on bail by electronic monitoring of any curfew requirement made as a condition of bail or remand.
If the court decides to impose a bail condition for a young person to stay at home during certain times, and they are electronically tagged, the technology is available to alert monitoring systems instantly if they leave their house. This helps to keep them at home when they are supposed to be there and will severely curtail any opportunities for committing repeat offences whilst on bail.
Doorstepping powers
Courts and the public need to know that if bail is granted with a condition to be at home on curfew the police can check the person is at home where they are supposed to be.
CPS and Home Office have issued new guidance to clarify this and encourage the use of such checks. The guidance states that:
Magistrates should continue to issue curfew conditions in cases where it is proportionate and appropriate; and
The curfew condition should state that the defendants are required to present themselves at the door when an uniformed officer comes to check.
The new guidance ensures that strong measures are also in place to prevent re-offending on bail for those people who are not eligible for secure remand.
Intensive Supervision and Surveillance Programmes
The Intensive Supervision and Surveillance Programme (ISSP) was launched in July 2001 targeting 2,500 of the most prolific young offenders in England and Wales. It is the most rigorous non-custodial intervention available for persistent young offenders. They are supervised by local Youth Offending Teams (YOTs) and the programme involves surveillance up to 24 hours a day, seven days a week where necessary (eg through tracking by YOT staff, intelligence led policing, electronic tagging and voice verification software – with the young offender required to phone in from specified locations at set times).
The offender must also undertake at least 25 hours a week face to face supervision over the first three months around a programme of education, training and offending behaviour work as of the end of December 2006 24,478 youth offenders have been subject to ISSP.
There was an evaluation of the success of ISSP's in September 2004 which was carried out by the Youth Justice Board, more details can be found here
If you would like to find out more about ISSP and other preventions available to Youth Offending Teams you can go to the Youth Justice Board website
Last update: Thursday, November 06, 2008