From Monday, courts will be able to force more young offenders to face the consequences of their crimes as changes to the law come into effect, Justice Minister David Hanson and Minister for Children Beverley Hughes announced today.
Building on the success of the current sentence, courts will now be able to issue Referral Orders with greater frequency to punish youth offenders for their crimes and help discourage reoffending by requiring them to make amends to their victim as well as the community they have blighted.
Referral Orders require young offenders to answer for their actions and make amends to their victims by attending a youth offender panel of community volunteers which can demand criminal damage be repaired and costs be repaid. They also allow courts to impose curfews, demand offenders stay away from specified places or people and enforce attendance at anger management courses.
Justice Minister David Hanson said:
‘Ensuring that young offenders face up to the consequences of their crimes, as well as making amends to their victims, is vital if they are to be prevented from reoffending.
‘Referral Orders do just that by putting in place rigorous contracts that ensure youth offenders admit their wrongdoing, are punished for their crimes and are made to the face the consequences of their actions by giving something back to their victim. The existing Referral Order has proved successful by cutting the number of young people who reoffend.
‘In the vast majority of cases, young people can be more effectively dealt with in the community under proper supervision where they can remain in key services such as education and health.’
Children’s Minister Beverley Hughes said:
‘We know that having to come face to face with the consequences of their crimes for victims can be a salutary lesson for many young offenders. These new measures will not only give young offenders the opportunity to make good some of the harm they have caused. They can also be the first step in a young offender turning away from crime for good, benefiting themselves and their communities in the long term.’
Referral Orders were previously limited to those offenders who appear in court for the first time and plead guilty. From Monday, courts will have the power to:
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impose a Referral Order on those convicted for the second time of an offence and who plead guilty, where the young offender had not previously had a Referral Order
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extend the term of a Referral Order by three months, or to revoke it early where young offenders have made good progress and completed their contracts
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in exceptional circumstances, allow a second Referral Order to be made on the recommendation of a youth offending team.
If the young offender fails to agree a contract or fails to abide by it during the term of the Order, the case will be referred back to the court for resentencing.
Guidance will also be provided to support youth offending teams and youth offender panels to take into account legislative changes.
Notes to editors
Referral Orders were introduced nationally in April 2002 for 10-17 year-olds convicted for the first time by the courts and pleading guilty. A referral order requires a young offender to attend a youth offender panel (comprising two community volunteer members and a Youth Offending Team representative acting as advisor to the volunteers). This is based on a restorative justice approach. The young offender is made to take responsibility for their actions and make reparation and restoration to the victim and the wider community. Victims are invited to participate either by attending a panel or having their views represented.
A Referral Order contract can include:
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offending behaviour programmes
family counselling
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mentoring
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psychiatric or psychological assessment
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anger management
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road or fire safety
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cognitive behaviour programmes
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employment or careers advice
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victim awareness
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substance misuse programmes (including alcohol and solvents)
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weapon awareness programmes
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requirement to attend school
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requirement to stay away from specified places or people
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curfew.
The Criminal Justice and Immigration Act 2008 contains legislation that extends the use of the Referral Order. This is implemented through the Criminal Justice and Immigration Act 2008 Commencement No. 7 Order.
According to the Youth Justice Annual Workload Data, 28,475 referral orders were made in 2007-08.
Guidance has been revised to take into account these legislative changes provided for in the Criminal Justice and Immigration Act 2008, the Youth Justice Board Referral Order Action Plan and in the light of experience of the practical application of referral orders since their introduction nationally in 2002.
For further information or to request an interview with a minister, please contact the Ministry of Justice Newsdesk on 020 3334 3536.
© Crown copyright material reproduced with the permission of the Controller of HMSO and the Queen's Printer for Scotland
