Powers of Criminal Courts (Sentencing) Act 2000

Part II E+W Further convictions during referral

Extension of referral for further offences E+W

[F1 10 (1) This paragraph applies where— E+W

(a) an offender aged under 18 is subject to referral, and

(b) a relevant court is dealing with the offender for an offence in relation to which paragraphs (a) to (c) of section 16(1) apply.

(2) The relevant court may sentence the offender for the offence by making an order extending any compliance period.

(3) The relevant court may not extend the length of a compliance period so that it becomes longer than 12 months.

(4) In this paragraph and paragraph 13 “relevant court” means a youth court or other magistrates' court.]

Textual Amendments

F1 Sch. 1 para. 10 substituted for Sch. 1 para. 10-12 (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 44(1), 95(1) (with s. 44(4)); S.I. 2015/778, art. 3, Sch. 1 para. 35

F1 11 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 1 para. 10 substituted for Sch. 1 para. 10-12 (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 44(1), 95(1) (with s. 44(4)); S.I. 2015/778, art. 3, Sch. 1 para. 35

Extension where further offence committed after referral E+W

F1 12 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 1 para. 10 substituted for Sch. 1 para. 10-12 (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 44(1), 95(1) (with s. 44(4)); S.I. 2015/778, art. 3, Sch. 1 para. 35

Provisions supplementary to [F2 paragraph 10] E+W

Textual Amendments

F2 Words in Sch. 1 para. 13 cross-heading substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 44(3)(b), 95(1) (with s. 44(4)); S.I. 2015/778, art. 3, Sch. 1 para. 35

13 F3 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

(2) Sub-paragraphs (3) to (5) below apply where the relevant court makes an order under [F4 paragraph 10 in respect of an offence]; but sub-paragraphs (3) to (5) do not affect the exercise of any power to deal with the offender conferred by paragraph 5 or 14 of this Schedule.

(3) The relevant court may not deal with the offender for that offence in any of the prohibited ways specified in section 19(4) of this Act.

(4) The relevant court—

(a) shall, in respect of any connected offence, either—

(i) sentence the offender by making an order under the same paragraph; or

(ii) make an order discharging him absolutely; and

(b) may not deal with the offender for any connected offence in any of those prohibited ways.

(5) The relevant court may not, in connection with the conviction of the offender for the offence or any connected offence, make any such order as is mentioned in section 19(5) of this Act.

F5 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) The Secretary of State may by regulations make such amendments of [F7 paragraph 10] above and this paragraph as he considers appropriate for altering in any way the descriptions of offenders in the case of which an order extending the compliance period may be made; and subsection (4) of section 17 of this Act shall apply in relation to regulations under this sub-paragraph as it applies in relation to regulations under subsection (3) of that section.

Textual Amendments

F3 Sch. 1 para. 13(1) omitted (13.4.2015) by virtue of Criminal Justice and Courts Act 2015 (c. 2), ss. 44(2)(a), 95(1) (with s. 44(4)); S.I. 2015/778, art. 3, Sch. 1 para. 35

F4 Words in Sch. 1 para. 13(2) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 44(2)(b), 95(1) (with s. 44(4)); S.I. 2015/778, art. 3, Sch. 1 para. 35

F5 Sch. 1 para. 13(6) omitted (13.4.2015) by virtue of Criminal Justice and Courts Act 2015 (c. 2), ss. 44(2)(a), 95(1) (with s. 44(4)); S.I. 2015/778, art. 3, Sch. 1 para. 35

F6 Sch. 1 para. 13(7) omitted (13.4.2015) by virtue of Criminal Justice and Courts Act 2015 (c. 2), ss. 44(2)(a), 95(1) (with s. 44(4)); S.I. 2015/778, art. 3, Sch. 1 para. 35

F7 Words in Sch. 1 para. 13(8) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 44(2)(c), 95(1) (with s. 44(4)); S.I. 2015/778, art. 3, Sch. 1 para. 35

Further convictions [F8 : power to revoke referral orders] E+W

Textual Amendments

F8 Words in Sch. 1 para. 14 cross-heading substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 45(2)(c), 95(1) (with s. 45(4)); S.I. 2015/778, art. 3, Sch. 1 para. 36

14 (1) This paragraph applies where, at a time when an offender is subject to referral, a court in England and Wales deals with him for an offence (whether committed before or after he was referred to the panel) by making an order other than— E+W

(a) an order under [F9 paragraph 10] above; or

(b) an order discharging him [F10 , whether absolutely or conditionally].

[F11 (2) The court may revoke the referral order (or any one or more of the referral orders) if it appears to the court to be in the interests of justice to do so.

(2A) The revocation of a referral order under sub-paragraph (2) has the effect of revoking any related order under paragraph 9ZD or 10.]

(3) Where any order is revoked by virtue of sub-paragraph (2) above, the court may, if appears to the court that it would be in the interests of justice to do so, deal with the offender for the offence in respect of which the revoked order was made in any way in which (assuming section 16 of this Act had not applied) he could have been dealt with for that offence by the court which made the order.

(4) When dealing with the offender under sub-paragraph (3) above the court shall, where a contract has taken effect between the offender and the panel under section 23 of this Act, have regard to the extent of his compliance with the terms of the contract.

Textual Amendments

F9 Words in Sch. 1 para. 14(1)(a) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 44(3)(c), 95(1) (with s. 44(4)); S.I. 2015/778, art. 3, Sch. 1 para. 35

F10 Words in Sch. 1 para. 14(1)(b) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 45(2)(a), 95(1) (with s. 45(4)); S.I. 2015/778, art. 3, Sch. 1 para. 36

F11 Sch. 1 para. 14(2) (2A) substituted for Sch. 1 para. 14(2) (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 45(2)(b), 95(1) (with s. 45(4)); S.I. 2015/778, art. 3, Sch. 1 para. 36

Interpretation E+W

15 (1) For the purposes of this Part of this Schedule an offender is for the time being subject to referral if— E+W

(a) a referral order has been made in respect of him and that order has not, or

(b) two or more referral orders have been made in respect of him and any of those orders has not,

been discharged (whether by virtue of section 27(3) of this Act or under paragraph 7(3) or 8 above) or revoked (whether under paragraph 5(2) above or by virtue of paragraph 14(2) above).

(2) In this Part of this Schedule “compliance period”, in relation to an offender who is for the time being subject to referral, means the period for which (in accordance with section 24 of this Act) any youth offender contract taking effect in his case under section 23 of this Act has (or would have) effect.