Referral Orders
CJI Act changes and
revised guidance
Criminal Justice & Immigration
Act 2008
Referral Order changes
From 27 April 2009, Courts can make Referral Orders
(RO):
● where there is one previous conviction and an RO was
not given
● where previous bind over or conditional discharge
● in exceptional circumstances on YOT recommendation a
second RO in case with previous RO.
Referral Order Changes in the
CJI Act
Courts will also have new powers:
● to discharge ROs early for good progress under the
contract following referral back by panel
● to extend the RO contract period for up to three months
following a panel referral, e.g. for non-compliance.
Guidance key message
Custody threshold cases
YOT priority if Court considering custody in a first time guilty
plea case.
RO proposal in PSR to illustrate robust intensive contract.
Option of informal pre-sentence panel contract, agreed by
young person, to inform PSR.
If RO made by Court:
- YOT panel report includes PSR draft intervention plan
- formal panel within five working days
- intensive contract with full range intensive interventions
similar to other community sentence custody threshold
cases.
Guidance key message
Communicating with courts
YOT priority to inform Courts and build confidence in
ROs/panels.
Regular reports to sentencers on contract contents and RO
case outcomes.
Regular YOT liaison meetings with sentencers.
Joint events for sentencers, legal advisers and panel
members.
Regular review/update YOT service agreement with Court.
Guidance key message
Engaging more victims
Victim involvement voluntary, based on informed consent
Victim option for face to face meeting YOT worker to
explain choices.
Options include attend panel, have views represented, be
kept informed, other restorative process.
If attending, panel arranged to suit victim convenience
Victims Code of Practice applies, eg information about
victim support services available.
Guidance key message
Compensation Orders
If Compensation Order made alongside RO, 30 months
longer rehabilitation period applies before conviction
‘spent’.
Where possible, YOT information to court re practicality of
compensatory financial reparation via RO contract.
YOT to have robust, financially sound processes in place
for dealing with financial reparation in RO contract.
Guidance key message
Panel volunteer length of service
At YOT manager discretion, subject to satisfactory training
and performance appraisal, panel volunteers able to serve
two three year periods for six year maximum.
To meet additional demands of CJI Act changes the tenure
of panel volunteers already serving at 1 April 2009 can, at
YOT manager discretion subject to satisfactory training
and performance, be extended for a maximum of two extra
years.
To be reviewed in April 2010.