Sentencing Act 2020 (c. 17)

THIRD GROUP OF PARTS U.K. Disposals

PART 6 E+W Orders relating to conduct

CHAPTER 1 E+W Referral orders for offenders aged under 18

Supplementary E+W

105 Youth offender panel: change of residence E+W

(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.

Commencement Information

I1 S. 105 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

106 Functions of the specified youth offending team E+W

(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).

Commencement Information

I2 S. 106 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

107 Rules of court E+W

(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.

Commencement Information

I3 S. 107 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

108 Referral orders: interpretation E+W

(1) In this Chapter—

• “the appropriate court”, in relation to any referral of an offender back to court, means—

  (a)

  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;

  (b)

  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—

  (a)

  the first meeting arranged under section 95(1),

  (b)

  any further meeting held under section 98(2)(b),

  (c)

  any progress meeting arranged under section 99, or

  (d)

  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 [F1 Chapter] (except that it does apply for the purposes of paragraph 13 of Schedule 4 (further proceedings)).

Textual Amendments

F1 Word in s. 108(4) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(aa), Sch. 21 para. 2

Commencement Information

I4 S. 108 in force at 1.12.2020 by S.I. 2020/1236, reg. 2