View London Child Protection Procedures View London Child Protection Procedures

8.3.17 Referral Orders - Return to Court

AMENDMENTS

The Criminal Justice and Immigration Act 2008 extends the circumstances in which a court can make a Referral Order. These changes were introduced on 27 April 2009.

The Act makes changes to the discretionary conditions applying to Referral Orders. In addition to the existing provisions, where the Referral Order criteria are otherwise satisfied, the court will be able to make a Referral Order where:

  • the offender has had one previous conviction but has not previously received a Referral Order or
  • the offender has previously been bound over to keep the peace or
  • the offender has previously received a Conditional Discharge.

In addition the court has the power:

  • to make a second Referral Order, in exceptional circumstances, on the recommendation of the YOT
  • to revoke a Referral Order early for good behaviour
  • to extend the term of a Referral Order for up to three months on the recommendation of the youth offender panel (for example where non-compliance occurs through circumstances beyond the control of the offender, i.e. illness).


Contents

  1. Introduction
  2. Procedure


1. Introduction

Young people who are the subject of Referral Orders can be returned to court if they fail to comply with the requirements of that order (Powers of Criminal Courts (Sentencing) Act 2000).  The decision to return a young person to court has to be made by the Youth Offender Panel.  Once returned to court it is for the court to decide whether the order should be allowed to continue or to re-sentence the young person for the original offence(s).  The court does not have the power to extend the length of the Referral Order for a failure to comply.


2. Procedure

1. The Panel decides to return the young person to court.
2. Information re the reasons for the return to court and an application for a summons to be issued to be presented to court (using the information and summons forms).
3. The first hearing date must take place before the end of the order (this will not apply to those orders which have not started due to a failure to attend the Panel meeting, as the order is not deemed to have started until a contract has been agreed). 
4. The court will list a hearing date within seven days and issue a summons (the first hearing date should be within 10 days of Panel making the decision to return the young person to court).
5. The YOT is responsible for ensuring that the summons is served.
6. Prior to the first hearing date a return to court pack must be prepared containing:
  • A report outlining the reasons for the return to court.
  • Copies of the information form and summons (including proof of service).
  • A copy of the court order.
  • A copy of the report presented to Panel (if available).
  • A signed copy of the contract agreed at the panel (if available).
  • Copies of relevant letters/instructions.
  • Copies of contact recordings.
  • A recommendation as to the preferred outcome (not to be presented to court).
7. If the young person accepts/admits the reasons for the return to court, the court can either allow the Referral Order to continue or re-sentence for the original offence(s).
8. Where a Referral Panel Report exists, and if a young person accepts/admits the reasons for the return to court, this should be used in conjunction with a brief stand-down report to expedite an outcome and avoid the need for an adjournment for a further report. 
9. If continuation is not being considered and if no report has previously been prepared for the panel, an adjournment should be sought for the preparation of a PSR (pre-sentence report), so that all alternative sentencing options can be considered.

End