Referral OrdersCJI Act changes and revised guidance

Criminal Justice & Immigration Act 2008Referral 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 messageCustody 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 messagePanel 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.