74 Reduction in sentence for assistance to prosecution
(1) This section applies where the Crown Court is determining what sentence to pass in respect of an offence on an offender who—
(a) pleaded guilty to the offence,
(b) was convicted in the Crown Court or committed to the Crown Court for sentence, and
(c) pursuant to a written agreement made with a specified prosecutor, has assisted or offered to assist—
(i) the investigator,
(ii) or the specified prosecutor or any other prosecutor,
in relation to that or any other offence.
(2) The court may take into account the extent and nature of the assistance given or offered.
(3) If the court passes a sentence which is less than it would have passed but for the assistance given or offered, it must state in open court—
(a) that it has passed a lesser sentence than it would otherwise have passed, and
(b) what the greater sentence would have been.
This is subject to subsection (4).
(4) If the court considers that it would not be in the public interest to disclose that the sentence has been discounted by virtue of this section—
(a) subsection (3) does not apply,
(b) the court must give a written statement of the matters specified in subsection (3)(a) and (b) to—
(i) the prosecutor, and
(ii) the offender, and
(c) sections 52(2) and 322(4) (requirement to explain reasons for sentence or other order) do not apply to the extent that the explanation will disclose that a sentence has been discounted by virtue of this section.
(4A) Nothing in section 268C(2) or 282C(2) (minimum appropriate custodial term for serious terrorism sentences) affects the court's power under subsection (2) so far it relates to determining the appropriate custodial term.
(5) Nothing in—
(a) any of the provisions listed in section 399(b) or (c) (minimum sentences in certain circumstances), or
(b) section 321 (and Schedule 21) (determination of minimum term in relation to mandatory life sentence),
affects the court's power under subsection (2).
(1) In section 74 “specified prosecutor” is to be read in accordance with section 71 of the Serious Organised Crime and Police Act 2005 (assistance by offender: immunity from prosecution).
(2) The Attorney General may issue guidance to specified prosecutors about the exercise by them of any of their powers under—
(a) section 74, and
(b) sections 387 to 389 (assistance for prosecution etc: review of sentence).
(3) The Attorney General may revise any guidance issued under subsection (2).
76 Effect of Chapter on other powers of court to consider seriousness
Nothing in this Chapter that requires or permits a court to take any matter into account for the purpose of sentencing an offender for an offence is to be taken to prevent a court taking any other matter into account for that purpose.
77 Basis of opinion provisions not to affect power to mitigate sentences
(1) Nothing in any of the basis of opinion provisions prevents a court from mitigating an offender's sentence by taking into account any matters that, in the opinion of the court, are relevant in mitigation of sentence.
(2) Section 230(2) (threshold for imposing discretionary custodial sentence) does not prevent a court, after taking into account such matters, from passing a community sentence even though it is of the opinion that—
(a) the offence, or
(b) the combination of the offence and one or more offences associated with it,
was so serious that a community sentence could not normally be justified for the offence.
(3) Nothing in any of the basis of opinion provisions prevents a court—
(a) from mitigating any penalty included in an offender's sentence by taking into account any other penalty included in that sentence, and
(b) in the case of an offender who is convicted of one or more other offences, from mitigating the offender's sentence by applying any rule of law as to the totality of sentences.
(4) Subsections (2) and (3) are not to be taken to limit subsection (1).
(5) In this section “basis of opinion provision” means any of the following—
(a) section 30 or 33 (pre-sentence reports and other requirements);
(b) section 124, 125 or 126 (fixing of fine);
(c) section 179, 180 or 186(3) to (9) (exercise of power to impose youth rehabilitation order, with or without intensive supervision and surveillance or fostering, and other requirements);
(d) section 204 or 208(3) to (9) (exercise of power to impose community order, and community requirements);
(e) section 230, 231 or 232 (imposing custodial sentences).
78 Basis of opinion provisions: offenders suffering from a mental disorder
(1) Nothing in any of the basis of opinion provisions is to be taken—
(a) as requiring a court to pass—
(i) a custodial sentence, or
(ii) any particular custodial sentence,
on an offender suffering from a mental disorder, or
(b) as restricting any power (whether under the Mental Health Act 1983 or otherwise) which enables a court to deal with such an offender in the manner it considers to be most appropriate in all the circumstances.
(2) In this section—
“mental disorder” has the same meaning as in the Mental Health Act 1983 (see section 1 of that Act);
“basis of opinion provision” has the same meaning as in section 77.
(1) In this Code “order for absolute discharge” means an order discharging an offender absolutely in respect of an offence.
Availability
(2) An order for absolute discharge is available to a court dealing with an offender for an offence where—
(a) the offender is convicted by or before the court, and
(b) the offence is not one in relation to which a mandatory sentence requirement applies (see section 399).
Exercise of power to make order for absolute discharge
(3) Where it is available, the court may make an order for absolute discharge if it is of the opinion that it is inexpedient to inflict punishment, having regard to the circumstances, including—
(a) the nature of the offence, and
(b) the character of the offender.
Effect on other orders
(4) Nothing in this section is to be taken to prevent a court, on discharging an offender absolutely in respect of an offence, from—
(a) imposing any disqualification on the offender,
(b) making any of the following orders in respect of the offence—
(i) a compensation order (see section 133);
(ii) an order under section 152 (deprivation orders);
(iii) a restitution order (see section 147);
(iv) an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013,
(c) making an order under section 46 (criminal courts charge), or
(d) making an order for costs against the offender.
(1) In this Code “order for conditional discharge” means an order discharging an offender for an offence subject to the condition that the offender commits no offence during the period specified in the order (referred to in this Code as “the period of conditional discharge”).
Availability
(2) An order for conditional discharge is available to a court dealing with an offender for an offence where—
(a) the offender is convicted by or before the court, and
(b) the offence is not one in relation to which a mandatory sentence requirement applies (see section 399).
(3) But see the following for circumstances where an order for conditional discharge is not available—
(a) section 66ZB(6) of the Crime and Disorder Act 1998 (effect of youth cautions);
(b) section 66F of that Act (youth conditional cautions);
(c) section 103I(4) of the Sexual Offences Act 2003 (breach of sexual harm prevention order and interim sexual harm prevention order etc);
(ca) section I1(4) of the Anti-social Behaviour, Crime and Policing Act 2014 (breach of respect order);
(d) section 339(3) (breach of criminal behaviour order);
(da) section 342G(4) (offences relating to a serious violence reduction order);
(e) section 354(5) (breach of sexual harm prevention order);
(f) section 39(6) of the Domestic Abuse Act 2021 (breach of domestic abuse protection order).
Exercise of power to make order for conditional discharge
(4) Where it is available, the court may make an order for conditional discharge if it is of the opinion that it is inexpedient to inflict punishment, having regard to the circumstances, including—
(a) the nature of the offence, and
(b) the character of the offender.
(5) The period of conditional discharge specified in an order for conditional discharge must be a period of not more than 3 years beginning with the day on which the order is made.
(6) On making an order for conditional discharge, the court may, if it thinks it expedient for the purpose of the offender's reformation, allow any person who consents to do so to give security for the good behaviour of the offender.
Effect on other orders
(7) Nothing in this section prevents a court, on making an order for conditional discharge in respect of an offence, from—
(a) imposing any disqualification on the offender,
(b) making any of the following orders in respect of the offence—
(i) a compensation order (see section 133),
(ii) an order under section 152 (deprivation orders), or
(iii) a restitution order (see section 147), or
(iv) an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013,
(c) making an order under section 46 (criminal courts charge), or
(d) making an order for costs against the offender.
81 Commission of further offence by person conditionally discharged
Schedule 2 makes provision that applies where a person in respect of whom an order for conditional discharge has been made commits a further offence during the period of conditional discharge.
(1) This section applies where—
(a) an order for absolute discharge, or
(b) an order for conditional discharge,
is made in respect of an offence.
(2) The conviction of that offence is to be deemed not to be a conviction for any purpose other than the purposes of—
(a) the proceedings in which the order is made, and
(b) in the case of an order for conditional discharge, any subsequent proceedings which may be taken against the offender under Schedule 2.
This is subject to subsection (3).
(3) In the case of an order for conditional discharge, if the offender is sentenced (under Schedule 2) for the offence—
(a) the order ceases to have effect, and
(b) if the offender was aged 18 or over when convicted of the offence, subsection (2) ceases to apply to the conviction.
(4) Without prejudice to subsections (2) and (3), the offender's conviction is in any event to be disregarded for the purposes of any enactment or instrument which—
(a) imposes any disqualification or disability upon convicted persons, or
(b) authorises or requires the imposition of any such disqualification or disability.
(5) Subsections (2) to (4) do not affect—
(a) any right of the offender to rely on the conviction in bar of any subsequent proceedings for the same offence, or
(b) the restoration of any property in consequence of the conviction.
(6) In subsection (4)—
“enactment” includes an enactment contained in a local Act;
“instrument” means an instrument having effect by virtue of an Act.
(7) Subsection (2) has effect subject to the following (which concern rights of appeal)—
(a) section 50(1A) of the Criminal Appeal Act 1968, and
(b) section 108(1A) of the Magistrates' Courts Act 1980.
Nothing in this subsection affects any other enactment that excludes the effect of subsection (2) or (4) for particular purposes.
(1) In this Code “referral order” means an order—
(a) which requires an offender to attend each of the meetings of a youth offender panel established for the offender by a youth offending team, and
(b) by virtue of which the offender is required to comply, for a particular period, with a programme of behaviour to be agreed between the offender and the panel in accordance with this Part (which takes effect as a youth offender contract).
(2) For the court's power to order other persons to attend meetings of the panel, see section 90.
(3) For provision about—
(a) the youth offender panel, see section 91;
(b) the youth offender contract, see section 96.
(4) For the purposes of this Code, references to an offender being referred to a youth offender panel are to a referral order being made in respect of the offender.
(1) A referral order is available to a court dealing with an offender for an offence where—
(a) the court is a youth court or other magistrates' court,
(b) the offender is aged under 18 when convicted,
(c) neither the offence nor any connected offence is an offence the sentence for which is fixed by law,
(d) the court is not proposing to—
(i) impose a custodial sentence, or
(ii) make a hospital order (within the meaning of the Mental Health Act 1983),
in respect of the offence or any connected offence,
(e) the court is not proposing to make—
(i) an order for absolute discharge, or
(ii) an order for conditional discharge,
in respect of the offence, and
(f) the offender pleaded guilty to the offence or to any connected offence.
(2) But a referral order is not available unless the court has been notified by the Secretary of State that arrangements for the implementation of referral orders are available in the area in which it appears to the court that the offender resides or will reside (and the notice has not been withdrawn).
(1) Where a referral order is available—
(a) the court must make a referral order if the compulsory referral conditions are met;
(b) otherwise, the court may make a referral order.
(2) The compulsory referral conditions are met where—
(a) the offence is an imprisonable offence,
(b) the offender pleaded guilty to the offence and to any connected offence, and
(c) the offender has never been—
(i) convicted by or before a court in the United Kingdom of any offence other than the offence and any connected offence, ...
(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2A) But the compulsory referral conditions are not met if—
(a) the proceedings for the offence were instituted before IP completion day (see section 397(5)) and,
(b) the offender has previously been convicted by or before a court in a member State of any offence
(3) For the effect of making a referral order on the court's other sentencing powers, see section 89.
(1) A referral order must specify—
(a) the youth offending team which is to establish a youth offender panel for the offender, and
(b) the period for which any youth offender contract which takes effect by virtue of the order is to have effect.
(2) That period must be—
(a) not less than 3 months, and
(b) not more than 12 months.
(3) The youth offending team specified in the order must be the team which has the function of implementing referral orders in the area in which it appears to the court that the offender resides or will reside.
(4) On making a referral order the court must explain to the offender in ordinary language—
(a) the effect of the order, and
(b) the consequences which may follow—
(i) if no youth offender contract takes effect between the offender and the panel, or
(ii) if the offender breaches a youth offender contract.
Nothing in this subsection affects the court's duty under section 52 (duty to give reasons for and explain effect of sentence).
87 Referral order consecutive to earlier referral order
(1) Where—
(a) a court makes a referral order (“the later order”), and
(b) the offender is subject to an earlier referral order,
the court may direct that any youth offender contract under the later order is not to take effect until the earlier order is revoked or discharged.
(2) For this purpose, the reference to an earlier referral order includes an order made under section 16 of the Powers of Criminal Courts (Sentencing) Act 2000 (referral orders).
(1) This section applies where a court makes referral orders in respect of two or more connected offences.
(2) The referral orders have the effect of referring the offender to a single youth offender panel.
(3) Accordingly, provision made by the orders under section 83(1)(a) and section 86(1)(a) (which relates to the youth offending team and a youth offender panel) must be the same for each referral order.
(4) The court may direct that the period specified under section 86(1)(b) in any of the referral orders is to run—
(a) concurrently with, or
(b) in addition to,
the period specified in another of the referral orders.
(5) But a direction under subsection (4) must not result in a total period of more than 12 months.
(6) For the purposes of this Chapter, each of the orders mentioned in subsection (1) is associated with each other of those orders.
89 Making of referral order: effect on court's other sentencing powers
(1) This section applies where a court makes a referral order in respect of an offence.
(2) In dealing with the offender for any connected offence, the court must—
(a) sentence the offender by making a referral order, or
(b) make an order for absolute discharge.
(3) In dealing with the offender in respect of the offence or any connected offence, the court may not—
(a) order the offender to pay a fine,
(b) make any of the following orders—
(i) a youth rehabilitation order;
(ii) an order under section 1(2A) of the Street Offences Act 1959;
(iii) a reparation order;
(iv) an order for conditional discharge.
(4) The court may not make—
(a) an order binding the offender over to keep the peace or to be of good behaviour, or
(b) an order under section 376 (binding over of parent or guardian),
in connection with the offence or any connected offence.
(5) Nothing in section 85 or subsection (2) affects any power or duty of a magistrates' court under—
(a) section 25 (power and duty to remit young offenders to youth courts for sentence),
(b) section 10(3) of the Magistrates' Courts Act 1980 (adjournment for inquiries), or
(c) section 35, 38, 43 or 44 of the Mental Health Act 1983 (remand for reports, interim hospital orders and committal to Crown Court for restriction order).
(6) Nothing in this section affects any power of a court, where it revokes a referral order, to re-sentence an offender for the offence in respect of which the order was made.
(1) This section applies where a court makes a referral order.
(2) The court—
(a) may make an order requiring—
(i) the appropriate person, or
(ii) if there are two or more appropriate persons, one or more of them,
to attend the meetings of the youth offender panel, and
(b) must do so if the offender is aged under 16 when the referral order is made.
(3) If the offender is—
(a) a looked-after child, and
(b) aged under 16 when the referral order is made,
the person or persons required under subsection (2) to attend those meetings must include at least one representative of the responsible authority.
(4) But an order under subsection (2) must not require a person to attend those meetings—
(a) if the court is satisfied that it would be unreasonable to do so, or
(b) to an extent which the court is satisfied would be unreasonable.
(5) For the purposes of this section, each of the following is an appropriate person in relation to an offender—
(a) if the offender is a looked-after child—
(i) a representative of the responsible authority, and
(ii) each person who is a parent or guardian of the offender with whom the offender is allowed to live;
(b) otherwise, each person who is a parent or guardian of the offender.
(6) In this section—
“looked-after child” means a child who is (within the meaning of the Children Act 1989 or the Social Services and Well-being (Wales) Act 2014 (anaw 4)) looked after by a local authority, and
“responsible authority”, in relation to a looked-after child, means the authority by which the child is looked after.
(7) The court must forthwith send a copy of an order under subsection (2)—
(a) to each person required by the order to attend meetings of the panel, and
(b) to any responsible authority whose representative is required by the order to attend meetings of the panel,
unless the person was present, or the authority was represented, in court when the order was made.
(1) This section applies where a court has made a referral order (or two or more associated referral orders).
(2) The specified youth offending team must establish a youth offender panel for the offender.
(3) The youth offender panel must—
(a) be constituted,
(b) conduct its proceedings, and
(c) discharge its functions under this Chapter,
in accordance with guidance issued from time to time by the Secretary of State.
(4) But at each of its meetings the panel must consist of at least—
(a) one member appointed by the specified youth offending team from among its members, and
(b) two members appointed by that team who are not members of the team.
(5) The Secretary of State may by regulations make provision requiring persons appointed as members of a youth offender panel to—
(a) have qualifications specified in the regulations;
(b) satisfy other criteria so specified.
(6) Regulations under subsection (5) are subject to the negative resolution procedure.
(7) The Secretary of State may revise any guidance issued under subsection (3).
92 Attendance at panel meetings: offender and parent or guardian
(1) This section applies to each meeting of the youth offender panel established for the offender.
(2) The specified youth offending team must notify—
(a) the offender, and
(b) any person to whom an order under section 90 (requirement to attend meetings of the panel) applies,
of the time and place at which the person is required to attend the meeting.
(3) If the offender fails to attend any part of the meeting the panel may—
(a) adjourn the meeting to such time and place as the panel may specify (in which case subsection (2) applies to the adjourned meeting), or
(b) end the meeting and refer the offender back to court.
93 Failure of parent or guardian to comply with order under section 90
(1) If—
(a) a parent or guardian of an offender fails to comply with an order under section 90 (orders requiring parents etc to attend meetings), and
(b) the offender is aged under 18 at the time of the failure,
the youth offender panel may refer the parent or guardian to a youth court acting in the local justice area in which it appears to the panel that the offender resides or will reside.
(2) To make the referral, the panel must send a report to the youth court explaining why the parent or guardian is being referred to it.
(3) A youth court which receives a report under subsection (2) must cause the parent or guardian to appear before it.
(4) For that purpose, a justice acting in the local justice area in which the court acts may—
(a) issue a summons requiring the parent to appear before that youth court at the place and time specified in it, or
(b) if the report is substantiated on oath, issue a warrant for the parent's arrest which requires the parent to be brought before that court.
(5) For the youth court's power to make a parenting order where the panel refers the parent or guardian under this section, see section 368 (parenting order where parent or guardian fails to attend meeting of panel).
(6) Making a parenting order under that section does not affect the order under section 90.
(7) Accordingly, section 63(1) to (4) of the Magistrates' Courts Act 1980 (power to deal with person for breach of order etc) applies in relation to an order under section 90 (in addition to this section and section 368).
(1) At a meeting of a youth offender panel, the offender may be accompanied by one person aged 18 or over chosen by the offender with the agreement of the panel.
(2) It need not be the same person who accompanies the offender to every meeting.
(3) The panel may allow any of the following to attend a meeting—
(a) a victim;
(b) any person who appears to the panel to be someone capable of having a good influence on the offender.
(4) If the panel allows a victim to attend a meeting of the panel, it may allow the victim to be accompanied to the meeting by one person chosen by the victim with the agreement of the panel.
(5) For the purposes of subsections (3) and (4) “victim” means any person who appears to the panel to be a victim of, or otherwise affected by, the offence or any of the offences in respect of which the offender was referred to the panel.
95 Duty of youth offending team to arrange initial meetings of panel
(1) Where a court has made a referral order (or two or more associated referral orders), the specified youth offending team must arrange the first meeting of the youth offender panel established for the offender.
(2) The specified youth offending team must also arrange any further meeting of the panel that may be held under section 98(2)(b) (resuming consideration).
96 Agreement of youth offender contract with offender
(1) This section applies to—
(a) the first meeting of a youth offender panel established for an offender, and
(b) any further meeting of the panel held under section 98(2)(b) (resuming consideration).
(2) At the meeting the panel must seek to reach agreement with the offender on a programme of behaviour whose aim (or principal aim) is to prevent re-offending by the offender.
(3) Schedule 3 makes provision about the programme.
(4) Where a programme is agreed between the offender and the panel, the panel must produce a written record of the programme forthwith—
(a) in language capable of being readily understood by, or explained to, the offender,
(b) for signature by the offender, and
(c) for signature by a member of the panel on behalf of the panel.
(5) Once the record has been signed by the offender and on behalf of the panel—
(a) the terms of the programme, as set out in the record, take effect as the terms of a “youth offender contract” between the offender and the panel, and
(b) the panel must provide a copy of the record to the offender.
(1) This section applies where a youth offender contract has taken effect between an offender and a youth offender panel.
(2) The compliance period begins with the day on which the youth offender contract takes effect.
(3) The length of the compliance period is—
(a) if the contract relates to a single referral order, the period specified in the order under section 86(1)(b);
(b) if the contract relates to two or more referral orders, the total period resulting from any direction of the court under section 88(4).
(4) Subsection (3) is subject to—
(a) any order under paragraph 9, 12 or 15 of Schedule 4 extending the length of the compliance period, and
(b) subsection (5).
(5) The compliance period expires on revocation of the referral order, or each of the referral orders, to which the youth offender contract relates.
(1) This section applies where—
(a) a referral order has been made in relation to an offender and has not been revoked or discharged, and
(b) a youth offender contract has taken effect between the offender and a youth offender panel.
(2) The offender must notify the relevant member of the panel of—
(a) each name which the offender uses but which was not mentioned in the referral order, and
(b) each of the offender’s telephone numbers and email addresses (if any).
(3) The offender must comply with subsection (2) in relation to a name, telephone number or email address as soon as reasonably practicable after the contract takes effect or the person first uses that name or obtains that telephone number or email address.
(4) An obligation under subsection (2) takes effect as if it were a term of the youth offender contract.
(5) The “relevant member” of the panel is the member of the panel who, in accordance with arrangements made by the panel, is for the time being responsible for receiving notifications under this section.
(6) The relevant member of the panel must be someone who is also a member of the specified youth offending team.
(7) The panel must give the offender written notification of the name and contact details of the relevant member of the panel.
(8) This section applies in relation to referral orders made before (as well as those made after) this section comes into force.
(1) This section applies to—
(a) the first meeting of a youth offender panel established for an offender, and
(b) any further meeting of the panel held under subsection (2)(b).
(2) The panel may—
(a) end the meeting without having reached agreement with the offender on an appropriate programme of behaviour, and
(b) resume consideration of the offender's case at a further meeting of the panel.
(3) But if, at the meeting, it appears to the panel that there is no prospect of reaching an agreement with the offender on an appropriate programme of behaviour within a reasonable period after the making of the referral order (or orders), the panel—
(a) may not consider the case at a further meeting under subsection (2)(b), and
(b) must instead refer the offender back to court.
(4) If, at the meeting, the panel and the offender reach agreement on an appropriate programme of behaviour, but—
(a) the offender does not sign the record produced under section 96(4)(b), and
(b) the offender's failure to do so appears to the panel to be unreasonable,
the panel must end the meeting and refer the offender back to court.
(5) In this section, “appropriate programme of behaviour” means a programme of behaviour of the kind mentioned in section 96(2).
(1) This section applies where a youth offender contract has taken effect.
(2) The specified youth offending team must arrange a meeting of the youth offender panel at any time during the compliance period (“a progress meeting”) if the panel requests it to do so under this section.
(3) The panel may request the specified youth offending team to arrange a progress meeting if it appears to the panel to be expedient to review—
(a) the offender's progress in implementing the programme of behaviour contained in the youth offender contract, or
(b) any other matter arising in connection with the contract.
(4) The panel must request the specified youth offending team to arrange a progress meeting if subsection (5) or (6) applies.
(5) This subsection applies where the offender has notified the panel that the offender wishes—
(a) the youth offender contract to be varied, or
(b) to be referred back to court with a view to the referral order (or orders) being revoked on account of a significant change in the offender's circumstances (such as being taken to live abroad) which makes compliance with the contract impractical.
(6) This subsection applies where it appears to the panel that the offender is in breach of the contract.
(1) This section applies to any meeting of a youth offender panel arranged under section 99.
(2) At the meeting, the youth offender panel must do such of the following as it considers appropriate in the circumstances—
(a) review the offender's progress or any other matter referred to in section 99(3);
(b) discuss with the offender any breach of the youth offender contract which it appears to the panel that the offender has committed;
(c) consider any variation in the youth offender contract—
(i) sought by the offender, or
(ii) which appears to the panel expedient in the light of any such review or discussion;
(d) consider any request by the offender under section 99(5)(b) to be referred back to court.
(3) Where the youth offender panel has discussed with the offender any breach of the contract which it appears to the panel that the offender has committed, the panel may—
(a) agree with the offender that the offender is to continue to be required to comply with the contract (either in its original form or with any agreed variation of it) without being referred back to court, or
(b) end the meeting and refer the offender back to court.
(4) Where the panel and the offender agree a variation in the contract, the panel must produce a written record of the variation forthwith—
(a) in language capable of being readily understood by, or explained to, the offender,
(b) for signature by the offender, and
(c) for signature by a member of the panel on behalf of the panel.
(5) Once the record has been signed by the offender and on behalf of the panel—
(a) the variation in the contract takes effect, and
(b) the panel must provide a copy of the record to the offender.
(6) If at the meeting—
(a) the panel and the offender agree a variation in the contract,
(b) the offender does not sign the record produced under subsection (4), and
(c) the offender's failure to do so appears to the panel to be unreasonable,
the panel may end the meeting and refer the offender back to court.
(7) Schedule 3 (programme of behaviour) applies to what the contract, as varied under this section, may provide as it applies to a programme of behaviour agreed under section 96.
(8) Where the offender has requested under section 99(5)(b) to be referred back to court and the panel—
(a) has discussed the request with the offender, and
(b) is satisfied that there is (or is soon to be) a change in circumstances of the kind mentioned in that provision,
it may end the meeting and refer the offender back to court.
(1) This section applies where—
(a) a youth offender contract has taken effect between a youth offender panel and an offender, and
(b) the compliance period is due to expire.
(2) The specified youth offending team must arrange a meeting of the panel (“the final meeting”) to be held before the end of the compliance period.
(3) At the final meeting the panel must—
(a) review the extent of the offender's compliance to date with the youth offender contract,
(b) decide whether or not the offender's compliance with the contract justifies the conclusion that the offender will have satisfactorily completed the contract by the end of the compliance period, and
(c) give the offender written confirmation of its decision.
(4) A decision that the conclusion mentioned in subsection (3)(b) is justified—
(a) has the effect of discharging the referral order (or orders) as from the end of the compliance period, and
(b) can be made in the offender's absence.
(5) If the panel decides that that conclusion is not justified, it must refer the offender back to court.
(6) Nothing in section 92(3) permits the final meeting to be adjourned (or re-adjourned) to a time after the end of the compliance period.
102 Revocation of referral order where offender making good progress etc
(1) This section applies where—
(a) a youth offender contract has taken effect between a youth offender panel and an offender, and
(b) it appears to the panel to be in the interests of justice for the referral order (or each of the referral orders) to be revoked.
(2) The panel may refer the offender back to court, requesting the appropriate court—
(a) to revoke the order (or each of the orders) under sub-paragraph (2) of paragraph 7 of Schedule 4, or
(b) to—
(i) revoke the order (or each of the orders) under that sub-paragraph, and
(ii) re-sentence the offender under sub-paragraph (4) of that paragraph for the offence in respect of which the revoked order was made.
(3) In deciding whether to refer the offender back to court under this section, the panel must have regard to circumstances which have arisen since the youth offender contract took effect, which may include the offender's making good progress under the contract.
(4) Where—
(a) the panel refers the offender back to court under this section, and
(b) the appropriate court decides not to revoke the order (or orders) under paragraph 7(2) of Schedule 4 in consequence of that referral,
the panel may not refer the offender back to court again under this section during the 3 month period beginning with the date of the court's decision, except with the consent of the appropriate court.
(1) This section applies where—
(a) a youth offender contract has taken effect,
(b) the compliance period is less than 12 months,
(c) the compliance period has not ended, and
(d) having regard to circumstances which have arisen since the contract took effect, it appears to the youth offender panel to be in the interests of justice for the length of the compliance period to be extended.
(2) The panel may refer the offender back to court requesting the appropriate court to extend the length of the compliance period.
(3) The requested period of extension must not be more than 3 months.
104 Offender referred back to court or convicted while subject to referral order
In Schedule 4—
(a) Part 1 makes provision for what is to happen when a youth offender panel refers an offender back to court;
(b) Part 2 makes provision for what is to happen when an offender is convicted of further offences while subject to a referral order.
(1) This section applies where the court which made a referral order is satisfied that—
(a) the offender has changed, or proposes to change, residence (to the “new residence”), and
(b) the youth offending team for the time being specified in the order (“the current team”) does not have the function of implementing referral orders in the area of the offender's new residence (“the new area”).
(2) The court may amend the order so that it specifies instead the youth offending team which has the function of implementing referral orders in the new area (“the new team”).
(3) Where the court does so, this Chapter (and, in particular, section 91(2) (duty to establish youth offender panel)) applies to the new team accordingly.
This is subject to subsection (4).
(4) If a youth offender contract has already taken effect under the referral order between the offender and the youth offender panel established by the current team—
(a) section 95 does not apply to the new team, and
(b) the contract has effect after the amendment as a youth offender contract between—
(i) the offender, and
(ii) the youth offender panel established by the new team.
106 Functions of the specified youth offending team
(1) This section applies where a referral order is made in respect of an offender.
(2) The specified youth offending team must arrange for the provision of such administrative staff, accommodation or other facilities as are required by the youth offender panel.
(3) During the compliance period—
(a) the specified youth offending team must make arrangements for supervising the offender's compliance with the youth offender contract, and
(b) the person who is the member of the panel referred to in section 91(4)(a) must ensure that records are kept of the offender's compliance, or failure to comply, with that contract.
(4) In implementing a referral order, the specified youth offending team must have regard to any guidance issued by the Secretary of State.
(5) The Secretary of State may revise any guidance issued under subsection (4).
(1) Criminal Procedure Rules may make such provision as appears to the Criminal Procedure Rule Committee to be necessary or expedient for the purposes of this Chapter.
(2) Nothing in this section affects the generality of any other enactment conferring power to make Criminal Procedure Rules.
(1) In this Chapter—
“the appropriate court”, in relation to any referral of an offender back to court, means—
if the offender is aged under 18 when first appearing before the court in pursuance of the referral back, a youth court acting in the local justice area in which it appears to the youth offender panel that the offender resides or will reside;
otherwise, a magistrates' court (other than a youth court) acting in that area;
“associated”, in relation to referral orders, is to be read in accordance with section 88(6);
“compliance period” means the period for which a youth offender contract which takes effect between the offender and the youth offender panel is to have effect;
“meeting”, in relation to a youth offender panel, means—
the first meeting arranged under section 95(1),
any further meeting held under section 98(2)(b),
any progress meeting arranged under section 99, or
the final meeting held under section 101;
“the specified youth offending team”, in relation to an offender to whom a referral order applies (or two or more associated referral orders apply), means the youth offending team for the time being specified in the order (or orders);
“youth offender panel”, in relation to an offender, means the panel established for the offender in accordance with section 91.
(2) For the purposes of this Chapter, an offence is connected with another offence if the offender is to be dealt with for both offences at the same time (whether or not convicted of them at the same time or by or before the same court).
(3) Any reference in this Chapter to a youth offender contract taking effect is to it taking effect between an offender and a youth offender panel under section 96.
(4) Section 404 (certain references to parent or guardian to be read as references to local authority) does not apply for the purposes of this Chapter (except that it does apply for the purposes of paragraph 13 of Schedule 4 (further proceedings)).
(1) In this Code “reparation order” means an order made under this Chapter in respect of an offence which imposes requirements on the offender to make reparation for the offence to—
(a) a particular person or particular persons, or
(b) the community at large.
(2) In this Chapter, references to making reparation for an offence are to making reparation for the offence otherwise than by the payment of compensation.
(1) A reparation order is available to a court dealing with an offender for an offence where—
(za) the offender is convicted of the offence before the day on which section 162 of the Police, Crime, Sentencing and Courts Act 2022 comes into force,
(a) the offender is aged under 18 when convicted,
(b) the offence is not an offence the sentence for which is fixed by law, and
(c) the court is not proposing to—
(i) impose a custodial sentence,
(ii) make a youth rehabilitation order, or
(iii) make a referral order.
(2) But a reparation order is not available unless the court has been notified by the Secretary of State that arrangements for implementing reparation orders are available in the area in which it appears to the court that the offender resides or will reside (and the notice has not been withdrawn).
(3) A reparation order is not available if the offender is subject to a youth rehabilitation order, unless when it makes the reparation order the court revokes the youth rehabilitation order.
(4) For the power of the court to revoke the youth rehabilitation order, see Part 5 of Schedule 7 (powers of court in relation to youth rehabilitation order following subsequent conviction).
111 Requirement to consider report before making a reparation order
(1) This section applies where a court proposes to make a reparation order in respect of an offence.
(2) Before making the order, the court must obtain and consider a written report by—
(a) an officer of a provider of probation services,
(b) a social worker of a local authority, or
(c) a member of a youth offending team.
(3) The report must indicate—
(a) the type of work that is suitable for the offender, and
(b) the attitude of the victim or victims to requirements proposed to be included in the reparation order.
112 Requirements to make reparation to be specified in order
(1) This section applies where a court makes a reparation order in respect of an offence.
(2) The reparation order must—
(a) specify the requirements with which the offender must comply, and
(b) if those requirements require reparation to be made to a particular person or particular persons, specify that person or those persons.
(3) The requirements must be such as in the opinion of the court are commensurate with the seriousness of—
(a) the offence, or
(b) the combination of the offence and one or more associated offences.
This is subject to subsections (5) and (6).
(4) Any person specified under subsection (2)(b) must be a person identified by the court as—
(a) a victim of the offence, or
(b) a person otherwise affected by it.
(5) The reparation order may not impose a requirement to make reparation to a particular person without the consent of that person.
(6) The requirements must be requirements to make reparation which—
(a) may require the offender to perform work, but
(b) if they do, must not require the offender to work for more than 24 hours in aggregate.
(7) The requirements must, so far as practicable, be such as to avoid—
(a) any interference with the times, if any, at which the offender normally works or attends school or any other educational establishment,
(b) any conflict with the offender's religious beliefs, and
(c) any conflict with the requirements of any other court order to which the offender may be subject.