Youth court procedure - Referral orders

Learning Outcomes

This article explains the use of referral orders as a sentencing option in the Youth Court. It details the circumstances in which a referral order must or may be made, the function of the Youth Offender Panel, the nature of the Youth Offender Contract, and the consequences of breaching an order. After reading this article, you should understand the key legal principles governing referral orders and be able to apply them to SQE1 assessment scenarios involving young offenders.

SQE1 Syllabus

For SQE1, you are required to understand the sentencing options available in the Youth Court, specifically focusing on referral orders. This includes familiarity with the Sentencing Children and Young People Definitive Guideline. Your revision should cover:

  • The circumstances in which a referral order is the mandatory or discretionary sentence.
  • The process involving the Youth Offender Panel and the creation of a Youth Offender Contract.
  • The types of requirements that can be included in a Youth Offender Contract.
  • The procedure and consequences if a young person breaches a referral order.

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

  1. Under what primary condition MUST a court impose a referral order on a young offender?
    1. The offence committed is imprisonable.
    2. The offender pleads guilty to an imprisonable offence and has no previous convictions.
    3. The offender is under 16 years old.
    4. The victim requests a restorative justice approach.
  2. Which body is responsible for meeting with the young offender and agreeing the terms of the Youth Offender Contract?
    1. The Magistrates' Court
    2. The Youth Offending Team
    3. The Youth Offender Panel
    4. The Probation Service

  3. True or false? A referral order can last for a maximum period of 24 months.

Introduction

When sentencing young offenders (those aged 10-17), the Youth Court has a range of options available. One prominent community-based sentence is the referral order, primarily aimed at first-time offenders who plead guilty. This approach emphasizes restorative justice and rehabilitation, diverting young people from more punitive measures where appropriate. Understanding the purpose, criteria, and mechanics of referral orders is essential for advising clients within the youth justice system.

Referral orders were introduced by the Powers of Criminal Courts (Sentencing) Act 2000 (PCCSA 2000) and are now governed by the Sentencing Act 2020 (SA 2020). They represent a distinct sentencing pathway focused on addressing the causes of offending behaviour and making reparation.

Eligibility and Imposition of Referral Orders

A referral order is the required sentence in certain circumstances, while in others, the court retains discretion.

Mandatory Referral Orders

A court must impose a referral order where the following conditions are met (SA 2020, s 239):

  • The offender is under 18 on the date of conviction.
  • The offence is imprisonable.
  • The offender pleaded guilty to the offence and all other offences associated with it.
  • The offender has never been convicted of any offence before.
  • The court is not proposing to impose a custodial sentence or grant an absolute discharge.

Key Term: Referral Order A community sentence for young offenders requiring them to attend meetings with a Youth Offender Panel and agree to a contract aimed at preventing reoffending and making reparation.

Discretionary Referral Orders

The court may impose a referral order in other situations, even if the mandatory conditions are not fully met. This discretion typically arises when:

  • The offender pleads guilty to some offences but not others associated with them.
  • The offender has previous convictions but has never received a referral order before.
  • The offender has previously received a referral order, but the court considers there are exceptional circumstances justifying a further order.

The duration of a referral order must be between 3 and 12 months (SA 2020, s 241).

The Youth Offender Panel and Contract

Once a referral order is made, the young person is referred to a Youth Offender Panel (YOP).

Key Term: Youth Offender Panel (YOP) A panel, usually comprising a member of the Youth Offending Team (YOT) and two trained community volunteers, responsible for agreeing a contract with a young offender subject to a referral order.

The YOP's primary function is to meet with the offender (and their parents/guardians) and agree on the terms of a Youth Offender Contract. This contract outlines a programme of interventions tailored to the individual's circumstances and offending behaviour.

The Youth Offender Contract

The contract aims to prevent reoffending and requires the young person to comply with certain requirements (SA 2020, s 242). These requirements can include:

  • Reparation: Making amends to the victim(s) or the wider community (e.g., writing a letter of apology, community work).
  • Intervention: Activities designed to address the causes of offending (e.g., attending substance misuse programmes, anger management courses, educational activities).
  • Prohibitions: Restrictions on activities or associations (e.g., not associating with certain peers, adhering to a curfew).

The specific terms are agreed upon by the YOP and the young offender. The contract must be signed by the offender to be valid. The focus is on restoration, accountability, and rehabilitation.

Worked Example 1.1

Chloe, aged 15, pleads guilty to her first offence, theft from a shop (an imprisonable offence). The Youth Court decides against custody or an absolute discharge. What sentence must the court impose?

Answer: The court must impose a Referral Order. All mandatory conditions under SA 2020, s 239 are met: Chloe is under 18, the offence is imprisonable, she pleaded guilty, she has no previous convictions, and neither custody nor absolute discharge is considered appropriate.

Breach of a Referral Order

Compliance with the Youth Offender Contract is essential. Failure to comply without a reasonable excuse constitutes a breach of the referral order.

Procedure on Breach

If the YOP believes the offender has breached the contract, they must refer the case back to the Youth Court (SA 2020, s 248). The court will then hold a hearing to determine if a breach occurred.

  • If the court is satisfied beyond reasonable doubt that the offender failed to comply without reasonable excuse, it has several options:
    • Allow the order to continue with the original terms.
    • Amend the terms of the contract (making it potentially more onerous).
    • Revoke the referral order and re-sentence the offender for the original offence, using any sentencing power available to the court at the time of the original sentence (this could include a more severe sentence like a Youth Rehabilitation Order or even a Detention and Training Order if the original offence warranted it).

Worked Example 1.2

David, aged 16, received a 9-month referral order for assault occasioning actual bodily harm after pleading guilty. His Youth Offender Contract required him to attend weekly anger management sessions. He missed three consecutive sessions without providing a reason. The YOP referred the breach back to the Youth Court. David admits the breach but claims he forgot the appointment times.

What options does the Youth Court have?

Answer: The court must first decide if David had a 'reasonable excuse'. Forgetting appointments is unlikely to be deemed reasonable. If satisfied beyond reasonable doubt that there was no reasonable excuse, the court can: (1) let the order continue unchanged (unlikely given repeated breaches); (2) amend the contract (e.g., add more sessions or a different requirement); or (3) revoke the order and re-sentence David for the original ABH offence, potentially imposing a YRO or, if the offence was serious enough, a DTO.

Revision Tip

Remember that the referral order itself is the sentence. The Youth Offender Contract contains the requirements the offender must meet as part of that sentence. A breach relates to non-compliance with the contract.

Key Point Checklist

This article has covered the following key knowledge points:

  • Referral orders are a community sentence specific to offenders under 18.
  • A referral order must be imposed for first-time offenders pleading guilty to imprisonable offences unless custody or absolute discharge is appropriate.
  • Courts have discretion to impose referral orders in other circumstances, including for offenders with previous convictions.
  • The order requires the offender to engage with a Youth Offender Panel (YOP) and agree to a Youth Offender Contract.
  • The contract includes tailored requirements focusing on reparation and addressing offending behaviour.
  • Breach of the contract without reasonable excuse can lead to the offender being re-sentenced by the Youth Court.

Key Terms and Concepts

  • Referral Order
  • Youth Offender Panel (YOP)
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