Justice Bill
Clause 8: Conditions relevant to bail: accommodation
Clause 8 makes two amendments to existing legislation to prevent children being detained in custody and refused bail solely because of a lack of suitable accommodation.
Clause 8
Considerations relevant to bail: accommodation
8.—(1) In the Police and Criminal Evidence (Northern Ireland) Order 1989, in Article 39 (duties of custody officer after charge), after paragraph (2A) insert—
“(2B) The custody officer, in taking a decision mentioned in paragraph (2A) in respect of an arrested juvenile, may consider the juvenile’s accommodation needs but must not refuse to release the juvenile on bail solely because the juvenile does not have any or adequate accommodation.”.
(2) In the Criminal Justice (Children) (Northern Ireland) Order 1998, in Article 10H (inserted by section 6 of this Act), after paragraph (2) insert—
“(3) Where a court is deciding whether to refuse to release a child on bail under Article 10F, the court may consider the child’s accommodation needs; but this is subject to paragraph (4).
(4) The court must not conclude that the second condition in Article 10F is met solely because the child does not have any or adequate accommodation.”.