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What happens if a juvenile is charged and refused bail?

When a juvenile is charged with an offence and the custody sergeant refuses bail, the sergeant must make arrangements for the young person to be taken into the care of the local authority, pending their court hearing.

The only exception to this requirement is:

  • it is impracticable to do so ("practicable" relates to transport and travel requirements)
  • where the juvenile is at least 12 years old, no secure accommodation is available and any other accommodation is not adequate to protect the public from serious harm from that juvenile

This applies whether the juvenile is in custody during the day or during the night time but does not include 17 year olds. Similarly, there is no statutory requirement for such a transfer to occur when a juvenile is arrested for a breach of bail.

However a transfer should nevertheless be seen as good practice.