Policy background Youth Justice Remand
The Legal Aid, Sentencing and Punishment of Offenders ("LASPO") Act 2012 introduced new youth remand provisions. The changes aimed to reduce numbers of children unnecessarily remanded to custody by making it more difficult to remand a child and giving local authorities a financial incentive to reduce remands.
	A 2019 report from the Independent Inquiry into Child Sexual Abuse ("IICSA") noted a significant increase in the use of custodial remand for children and data shows that in 2018/19, only a third of children remanded to custody or local authority accommodation ("LAA") went on to receive a custodial sentence. Following IICSA’s recommendation to investigate why the child remand population is as high as it is, the Government publicly committed to a review of custodial remand for children and develop options to reduce its use where appropriate.
	Section 157 amends the LASPO framework to tighten the tests the courts must satisfy to decide when to remand a child to custody. The aim of the policy is to encourage courts to impose custodial remand only where absolutely necessary, while ensuring the public remains safe.
	Section 157 introduces a statutory duty for courts to consider the welfare and best interests of the child when making remand decisions. It amends the tests courts must apply to determine whether to remand a child into custody and makes it a statutory requirement for the courts to record the reasons for their decision, which will also reinforce the existing presumption of non-custodial remand by ensuring the courts consider remand to LAA as a first step. These provisions amend the ‘real prospect’ test and the ‘necessity condition,’ so that remand in Youth Detention Accommodation (Young Offender Institution, Secure Training Centre or Secure Children’s Home) can be imposed only for the most serious cases, where a custodial sentence appears the only option and the risk posed by the child cannot be safely managed in the community.