Revised guidance on Referral Orders is jointly published today by the YJB, Ministry of Justice and the Department for Children Schools and Families.
It replaces the previous guidance published in February 2002. It contains statutory guidance to youth offending teams and community panel members, including guidance on the selection of community panel members and the conduct of youth offender panels. It is also provided to courts for information.
This guidance has been revised to take into account legislative changes provided for in the Criminal Justice and Immigration Act 2008, which came into force on 27 April 2009, and to update and improve the guidance in light of experience of the practical application of Referral Orders since their introduction nationally in 2002.
When the court makes a Referral Order the young offender is referred to a youth offender panel. The initial panel meeting, which the young offender is expected to attend together with their parents or carers, should be held within 20 working days of the order being made. The panel is made up of two or more volunteers, and victims have the opportunity, if they wish, to say how they have been affected by the offence, ask questions, receive an explanation and/or an apology and discuss how the offender can make practical reparation for the harm that has been caused. YJB research suggests that most victims who have taken part in restorative justice are glad that they have been so closely involved, had a say and can put the offence behind them.
John Drew, YJB Chief Executive, said:
“We welcome the publication of this revised guidance which will offer greater flexibility and wider use of the referral order. This latest guidance pulls together all we have learned since the national introduction of the order in 2002 and puts it in the context of recent changes in legislation via the Criminal Justice and Immigration Act 2008.”
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Notes to editors
- 1. The Youth Justice Board for England and Wales (YJB) oversees the youth justice system in England and Wales. We work to prevent offending and reoffending by children and young people under the age of 18, and to ensure that custody for them is safe, secure, and addresses the causes of their offending behaviour.
- 2. Specifically, we advise the Secretaries of State for Justice and for Children, Schools and Families on the operation of, and standards for, the youth justice system; monitor the performance of the youth justice system; purchase places for, and place, children and young people remanded or sentenced to custody; identify and promote effective practice; make grants to local authorities or other bodies to support the development of effective practice; commission research and publish information.
- 3. The revised guidance provides updated information to youth offending teams, community panel members and court staff on new provisions on referral orders that came into force in April 2009. It outlines how the Criminal Justice and Immigration Act 2008 gives more flexibility and allows wider use of referral orders through:
- a discretionary power to impose a referral order on young offenders convicted for the second time of an offence and who plead guilty, where they had not previously had a referral order
- a power to extend or revoke a referral order by up to three months in the interests of justice
- a discretionary power to make a second referral order on the recommendation of a youth offending team in exceptional circumstances.