Youth Justice and Criminal Evidence Act 1999

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Youth Justice and Criminal Evidence Act 1999

An Act to provide for the referral of offenders under 18 to youth offender panels; to make provision in connection with the giving of evidence or information for the purposes of criminal proceedings; to amend section 51 of the Criminal Justice and Public Order Act 1994; to make pre-consolidation amendments relating to youth justice; and for connected purposes.

[27 th July 1999]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part IReferrals to youth offender panels

Referral orders

1 Referral of young offenders to youth offender panels

(1) This section applies where a youth court or other magistrates' court is dealing with a person under the age of 18 for an offence and—

(a) neither the offence nor any associated offence is one for which the sentence is fixed by law;

(b) the court is not, in respect of the offence or any associated offence, proposing to impose a custodial sentence on the offender or make a hospital order in his case; and

(2) If—

(a) the compulsory referral conditions are satisfied in accordance with section 2 , and

(b) referral is available to the court,

the court shall sentence the offender for the offence by ordering him to be referred to a youth offender panel.

(3) If—

(a) the discretionary referral conditions are satisfied in accordance with section 2 , and

(b) referral is available to the court,

the court may sentence the offender for the offence by ordering him to be referred to a youth offender panel.

(4) For the purposes of this section referral is available to a court if—

(a) the court has been notified by the Secretary of State that arrangements for the implementation of referral orders are available in the area in which it appears to the court that the offender resides or will reside; and

(b) the notice has not been withdrawn.

(5) In this Part “referral order” means an order under subsection (2) or (3).

2 The referral conditions

(1) For the purposes of section 1(2) the compulsory referral conditions are satisfied in relation to an offence if the offender—

(a) pleaded guilty to the offence and to any associated offence;

(b) has never been convicted by or before a court in the United Kingdom of any offence other than the offence and any associated offence; and

(c) has never been bound over in criminal proceedings in England and Wales or Northern Ireland to keep the peace or to be of good behaviour.

(2) For the purposes of section 1(3) the discretionary referral conditions are satisfied in relation to an offence if—

(a) the offender is being dealt with by the court for the offence and one or more associated offences;

(b) although he pleaded guilty to at least one of the offences mentioned in paragraph (a) , he also pleaded not guilty to at least one of them;

(c) he has never been convicted by or before a court in the United Kingdom of any offence other than the offences mentioned in paragraph (a); and

(d) he has never been bound over in criminal proceedings in England and Wales or Northern Ireland to keep the peace or to be of good behaviour.

(3) The Secretary of State may by regulations make such amendments of this section as he considers appropriate for altering in any way the descriptions of offenders in the case of which the compulsory referral conditions or the discretionary referral conditions fall to be satisfied for the purposes of section 1(2) or (3) (as the case may be).

(4) Any description of offender having effect for those purposes by virtue of such regulations may be framed by reference to such matters as the Secretary of State considers appropriate, including (in particular) one or more of the following—

(a) the offender’s age;

(b) how the offender has pleaded;

(d) the offender’s previous convictions (if any);

(e) how (if at all) the offender has been previously punished or otherwise dealt with by any court; and

(f) any characteristics or behaviour of, or circumstances relating to, any person who has at any time been charged in the same proceedings as the offender (whether or not in respect of the same offence).

(5) For the purposes of this section an offender who has been convicted of an offence in respect of which he was conditionally discharged (whether by a court in England and Wales or in Northern Ireland) shall be treated, despite—

(a) section 1 C(1) of the [1973 c. 62.] Powers of Criminal Courts Act 1973 (conviction of offence for which offender so discharged deemed not a conviction) , or

(b) Article 6(1) of the [S.I. 1996/3160 (N.I. 24).] Criminal Justice (Northern Ireland) Order 1996 (corresponding provision for Northern Ireland) ,

as having been convicted of that offence.

3 Making of referral orders: general

(1) A referral order...

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