Referral orders
Referral orders are new court orders available from April 2002. They are given to most 10 to 17-year-olds pleading guilty on a first time conviction, unless the charge is serious enough to warrant custody.
After appearing in court, the young person is referred to a Youth Offender Panel (YOP) who considers the best course of action.
A Youth Offender Panel consists of two volunteers recruited directly from the local community, alongside one member of the Youth Offending Team (YOT). They talk to the youngster, the parents and (where possible) the victim of the crime, to agree a tailor-made contract aimed at putting things right.
The contract might include a letter of apology to the victim, removing graffiti or cleaning up estates and communities. It will also include activities to prevent further offending, such as getting young people back into school and help with alcohol or drug misuse.
In Detail
The Panel meets with the young person and their parents or guardians, to discuss reasons for the offending behaviour and suggest ways forward.
The victim is encouraged to attend the meeting to tell the young person how the crime affected them. Early results show that a young offender and a victim meeting face-to-face can be a powerful and positive experience for both.
With all parties in agreement, a contract is compiled to include an element of reparation, either to the victim directly or to the community at large. The contract also includes other elements to tackle the young person's offending behaviour - drugs counselling, anger management or dealing with truancy, for example.
The contract is supervised by the YOT and reviewed at regular panel meetings. The conviction is "spent" when the order is successfully completed. If the young person fails to comply, the case is sent back to court and a different sentence may be given.
These panels, for the first time, give the community a say in creating effective packages that ensure young offenders repair the harm done and are given positive help to prevent further offending. It will be the responsibility of the panel to decide the right - and most appropriate - course of action, taking into account the young person's offence and reasons for offending.
