SCHEDULES
SCHEDULE 4Referral order: further court proceedings
PART 2Further convictions during referral
Further convictions: power of any court to revoke referral orders
I117
1
This paragraph applies where, in dealing with the offender for the new offence, the court makes an order other than—
a
an order under paragraph 15, or
b
an order for absolute discharge or an order for conditional discharge.
2
If it appears to the court to be in the interests of justice to do so, the court—
a
may revoke the referral order (or any one or more of the referral orders), and
b
if it revokes a referral order, may re-sentence the offender for the offence in respect of which the revoked order was made (but assuming that a referral order is not available).
3
Revocation of a referral order under sub-paragraph (2) has the effect of revoking any related order under paragraph 9(2), 12 or 15 (extension of compliance period).
4
When re-sentencing the offender under sub-paragraph (2)(b), if a youth offender contract has taken effect between the offender and the panel, the court must take into account the extent of the offender's compliance with the contract.
5
For the purposes of this paragraph it does not matter whether the new offence was committed before or after the offender was referred to the panel.