Youth Justice System
Referral Order
A Referral Order is given to a young person who pleads guilty to an offence when it is his/her first time in court.
The only exceptions are if the offence is so serious that the court decides a custodial sentence (Detention and Training Order or Section 90/91) is absolutely necessary, or the offence is relatively minor (i.e. a 'non-imprisonable’ offence such as a traffic offence or fare evasion), in which case an alternative such as a fine or an absolute discharge may be given.
When a young person is given a Referral Order, he/she is required to attend a youth offender panel, which is made up of two volunteers from the local community and panel adviser from a youth offending team (YOT). The panel, with the young person, their parents/carers and the victim (where appropriate), agree a contract lasting between three and 12 months. The aim of the contract is to repair the harm caused by the offence and address the causes of the offending behaviour.
The conviction is ‘spent’ once the contract has been successfully completed. This means that in most circumstances the offence will not have to be disclosed by the young person when applying for work.