Bail and Remand Management Guidance

Effective Date: 21st March 2013

Review Date: 1 April 2014

Version Control: Version 4 (Final)

Owner: YJ Operations Manager

First Hearing: Young Person in Court having been refused bail

Action 1: Consult with the defence solicitor and the Crown Prosecution Service (CPS) regarding the prosecution’s intended application.

Where there is little possibility of bail being refused:

Action 2: Verified factual information (bail information) such as address and other factors of concern to the CPS/Magistrates should be provided in order to secure bail.

Where Young Person identified as at risk of Remand:

There is a presumption that children and young people will be granted bail from Court (sec 4 of the Bail Act 1976). Prior to remanding a child to Youth Detention Accommodation the Court must be satisfied that one of 2 sets of conditions have been met (Sec 91 Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act 2012) as follows:

First set of conditions (sec 98(1)):

 Child is 12 years of age or older  Has committed a violent, sexual or grave crime (14 year sentence if an adult)  Remand into custody is the only way to protect the public from serious personal injury or to prevent the commission of further imprisonable offences  The child is legally represented (unless representation has been refused or withdrawn)

1 Second set of conditions (sec 99(1))

 Child is 12 years of age or older  There is a real prospect of the child receiving custody  One of the offences is an imprisonable offence  The child has a recent history of absconding on remand and offending on remand/bail  Remand into custody is the only way to protect the public from serious personal injury or to prevent the commission of further imprisonable offences  The child is legally represented (unless representation has been refused or withdrawn)

Action 3: Be clear what the objections to bail are.

Action 4: Ensure CPS, Defence Solicitor and Court Usher are aware you will be assessing the young person’s suitability for BSS and that the case may need putting back to allow time for this to be done.

Action 5: Liaise with Defence Solicitor, Parents/Carers, Social Care (if applicable) and interview the young person.

Action 6: Complete Bail Asset - Bail Supervision and Support Profile.

Action 7: Consider which bail options will best address the objections/concerns and the young person’s needs.

Bail and remand options available to children and young people

1. Unconditional Bail

2. Conditional Bail  Residence requirement that requires young people to live and sleep at a given address  Curfews that require the child or young person to remain indoors during given hours  Electronically monitored curfews with the following conditions (exception conditions do not apply to 17-year-olds):  The child or young person is 12 years old or over  The current offence is a violent or sexual offence or one which carries a 14 year custodial sentence in the case of an adult  The child or young person has a history of repeatedly committing offences while remanded on bail or to local authority accommodation  Reporting to Police Station at given/days/times  Reporting to bail supervision and support programmes that require the young person to comply with the requirement of a bail supervision and 2 support programme  Reporting to Bail Intensive Supervision and Surveillance which is available where there is a possibility of remand into custody  Restrictions on movements that prevent entry to a particular geographical area/s  Restrictions on contacting specific people that prevents direct or indirect contact with named individuals  Residence at bail hostels  Attending appointments with a legal adviser or any other person required to prepare reports on the child to help speed up the youth justice system by ensuring pre-sentence reports or other reports have been prepared, and to ensure the young person has consulted with legal representation  Sureties and securities where an individual agrees to forfeit a given sum of money if the young person fails to attend the next court date

3. Remand to Local Authority accommodation

4. Remand to Youth Detention Accommodation

5. Voluntary Bail Support

Consider a Bail Supervision and Support Programme if there is a risk of:  Being unnecessarily or inappropriately remanded into custody  Offending on bail  Breaching bail conditions  Failing to return to court

Consider Bail with Intensive Supervision and Support or remand to Local Authority if there is a risk of:  A remand into the secure estate

Bail Supervision and Support programmes should address the specific concerns raised by the CPS. Where the CPS does not oppose bail but magistrates express concern (e.g. about offending on bail), the Bail Supervision and Support programme should primarily address these concerns. Bail Supervision and Support should not be provided solely on welfare grounds, identified welfare concerns should be addressed in line with local universal service arrangements.

Proposals which the YOT can make to the Court after Bail supervision and support profile assessment has been completed

 Conditional Bail, with conditions from list above but not including BSS or Bail ISS  Conditional Bail with Bail Supervision and Support programme  Conditional Bail with Intensive Supervision and Surveillance  Remand to Local Authority accommodation  Voluntary Bail Support

3 Action 8: Discuss proposal with young person, defence representative and parents/carers and Social Care if relevant.

Action 9: Complete Bail and Remand Report (in document and assessment section of Careworks under ‘other document’) and present to the Court.

Action 10: Where time permits, complete Placement Information Form and send to YJB – this will speed up the process if the young person is remanded.

Outcome of Hearing

Bail Supervision and Support Programme (BSS)

 Allocate a named Case Manager

 Ensure the initial BSS programme is understood by the young person and parent/carer (where relevant)

 Ensure that the BSS programme consists of the number of contacts agreed in Court and that at least one of these specifically focuses on the issues raised in the Asset –Bail Supervision and Support profile

 Where a young person is subject to another TSYJS (or partner agency) intervention and is being seen on a regular basis, then following appropriately recorded authorisation from the Locality Team Manager, these contacts may count towards BSS where they support the aims of the BSS programme – remember to associate these contacts with the BSS Programme as well as the original programme/order on Careworks

 Where a current Core Asset (less than one month old) has been used for BSS – update this Asset to reflect this.

 All children and young people on a BSS programme are subject to the Risk of Harm and Vulnerability Procedures: ROSH and Risk and/or Vulnerability Management Plans in the I-Plan should be completed where applicable

 Complete the Action Plan section of the I-Plan to detail the intervention being undertaken with the young person whilst s/he is subject to BSS

 Undertake a home visit or visit to residential home in line with the Home Visit Policy.

Non Compliance

4  Make an initial follow up of any failure to comply within a reasonable timeframe

 Make a decision as to whether failure to comply is acceptable or not. If not acceptable issue a written warning or consider whether it is appropriate to inform the police of a breach of bail

 If there is a further 2nd unacceptable failure to comply discuss with the team manager as to whether to refer the breach to the police.

 All actions above should be fully recorded in Careworks

Bail Intensive Supervision and Surveillance (Bail ISS)

 Hold the first contact with the young person on the same day as the Court appearance

 Ensure the Bail ISS has the following core elements:  ETE  Intervention to tackle Offending Behaviour (taking into account young person may not yet be convicted)  Assistance in developing interpersonal skills  Family support

 Ensure that the Bail ISS programme specifically focuses on the issues raised in the Asset –Bail Supervision and Support Profile

 All children and young people on Bail ISS are subject to the Risk of Harm and Vulnerability Procedures: ROSH and Risk and/or Vulnerability Management Plans in the I-Plan should be completed and reviewed within timescales where applicable.

 Complete the Action Plan section of the I-Plan to detail the intervention being undertaken with the young person whilst s/he is subject to Bail ISS

Non Compliance

 Make an initial follow up of any failure within a reasonable timeframe

 Make a decision as to whether failure to comply is acceptable or not. If not acceptable issue a written warning or consider whether it is appropriate to 5 inform the police of a breach of bail

 If there is a further 2nd unacceptable failure to comply discuss with the team manager as to whether to refer the breach to the police.

Remand to Local Authority

 Inform the Multi Agency Safeguarding Hub (MASH) of the outcome

 CSC will undertake initial search for placement by checking availability of residential/foster placements, relatives etc

 Placement decision made by CSC

 YJS Case Manager to arrange (and Chair) 72 hour placement meeting and CSC Team Manager will attend

 All children and young people on Remand are subject to the Risk of Harm and Vulnerability Procedures: ROSH and Risk and/or Vulnerability Management Plans in the I-Plan should be completed and reviewed within timescales where applicable

Reviews

 Statutory reviews to be chaired by CSC’s Team Manager or Reviewing Officer and YJS Case Manager to attend

6 Remand to Youth Detention Accommodation (YDA)

All children remanded to Local Authority Accommodation or Youth Detention Accommodation become looked after by the local authority (Sec 104 LASPO Act 2012) and Children’s Social Care has a responsibility for supervision of their placement, assessing and meeting their needs and their care planning which will include holding looked after reviews at statutory intervals.

 Inform YJB of outcome and send Placement Information Form (if not completed/sent previously)

 Interview young person in cells and complete Post Court Report

 Transfer Asset – Core Profile (if less than one month old) or Bail Asset to YJB along with ROSH/I-Plan if applicable, and Post Court Report

 If first time in custody a VMP MUST be completed.

 Notify YJB, escorts and secure establishment of any immediate risk or vulnerability issues

 Inform MASH of remand.

 Where a current Core Asset (less than one month old) has been used – update this Asset.

 All children and young people on Remand are subject to the Risk of Harm and Vulnerability Procedures: ROSH and Risk and/or Vulnerability Management Plans in the I-Plan should be completed and reviewed within timescales where applicable

 Complete Remand review with secure estate within 5 working days or before next Court appearance where this is less than 5 working days (this does not have to be face to face unless the young person is immediately vulnerable or posing a risk to others in the secure estate) this review should consider whether a programme could be offered in support of a bail application at the next court appearance

 Hold a face to face remand review within 10 working days to include consideration and review of bail options, a review of Asset and prepare remand plan 7  Hold monthly remand planning meetings which review the remand plan and give consideration to bail applications/alternative arrangements to be made, taking into account the views of the secure estate staff. (These planning meetings can be undertaken via videolink where available and if the young person is not vulnerable)

 Ensure the young person is visited monthly by YOT staff or partner agencies and that this visit takes place separately (but can be on same day) to the remand planning meetings

 CSC to Chair LAC reviews and YJS Case Manager to attend