Section 218 Child’s Right Act
Section 218 Child’s Right Act 2003 is about Remands and committals to State Government accommodation. It is under Part XX (Child Justice Administration – Adjudication) of the Act.
(1) Where the Court does not release on bail a child who admits to committing one or more offences charged against him, the Court shall remand the child to a State Government accommodation.
(2) A Court remanding a child to a State Government accommodation shall designate the authority which is to receive him and that State Government shall‐
(a) in the case of a child who is already being looked after by a State Government, be that State Government; and
(b) in any other case, be the Government of the State within which it appears to the Court that the child resides or in which the offence or one of the offences was committed.
(3) Where a child is remanded in a State Government accommodation, it shall be lawful for any person acting on behalf of the designated State to detain him.
(4) Subject to subsection (5) of this section, the Court remanding a child to a State Government
accommodation may, after consultation with the designated State Government, require that the State Government complies with a security requirement, which is that the person in question be placed and kept in secure accommodation.
(5) A Court shall not impose a security requirement except in respect of a child who has attained the age of fifteen years, and then only if‐
(a) he is charged with or has been found to have committed a violent or sexual offence, or an offence punishable in the case of an adult with imprisonment for a term of fourteen years or more; or
(b) he has a recent history of absconding while remanded to a State Government accommodation, and is charged with or has been found to have committed an offence punishable with imprisonment while he was so remanded; and
(c) the Court is of the opinion that only such a requirement would be adequate to protect the public from serious harm from the child.
(6) Where a Court imposes a security requirement in respect of a child, it shall‐
(a) state that if is of such opinion as is mentioned in subsection (5) of this section; and
(b) explain to the child in ordinary language the reason the Court is of that opinion, and the Court shall cause a reason stated by it under paragraph (b) of this subsection to e specified in the warrant of commitment and to be entered in the Court register.
(7) A Court remanding a child to a State Government accommodation without imposing a security requirement may, after consultation with the designated State Government, require that the child complies with any such conditions as could be imposed if he were being granted bail.
(8) Where a Court imposes on a child any condition as is mentioned in subsection (7) of this section it shall explain to the child in ordinary language the reason it is imposing the condition, and the Court shall cause a reason stated by it under this subsection to be specified in the warrant of commitment and to be entered in the Court register.
(9) A Court remanding a child to a State Government accommodation without imposing a security requirement may, after consultation with the designated State Government, impose on that State Government requirements‐
(a) for securing compliance with any condition imposed on that person under subsection (7) of this section; or
(b) stipulating that he shall not be placed with a named person.
(10) Where a child is remanded to a State Government accommodation, the Court may‐
(a) on the application of the designated State Government, impose on that child any condition as could be imposed under subsection (7) of this section, as if the Court were then remanding him to such accommodation; and
(b) impose on that State Government any requirement for securing compliance with the condition so imposed.
(11) Where a child is remanded to a State Government accommodation, the Court may, on the application of the designated State Government vary or revoke any condition or requirement imposed under Subsections (7), (9) or (10) of this section.
