Coroners and Justice Act 2009

Young offenders: referral conditions E+W

12 (1) Section 17 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (referral conditions for young offenders) (as amended by the Criminal Justice and Immigration Act 2008 (c. 4)) is amended as follows. E+W

(2) For subsection (1)(b) substitute—

“(b) has never been—

(i) convicted by or before a court in the United Kingdom of any offence other than the offence and any connected offence, or

(ii) convicted by or before a court in another member State of any offence.”

(3) In subsection (2A)—

(a) after “never” insert “—

(a)” , and

(b) at the end insert “, or

(b) been convicted by or before a court in another member State of any offence.”

(4) For subsection (2B) substitute—

“(2B) This subsection is satisfied in relation to the offender if, disregarding the offence and any connected offence—

(a) the offender —

(i) has been dealt with by a UK court for any offence on only one previous occasion, and

(ii) was not referred to a youth offender panel under section 16 on that occasion; or

(b) the offender has been dealt with by a court in any member State other than the United Kingdom on only one previous occasion.”

(5) For subsection (2C)(a) substitute—

“(a) disregarding the offence and any connected offence, the offender has been dealt with by a UK court or a court in another member State for any offence on one or more previous occasions, and has either—

(i) never been referred to a youth offender panel under section 16 above, or

(ii) been referred to a youth offender panel on only one previous occasion;”.

Commencement Information

I1 Sch. 17 para. 12 in force at 15.8.2010 by S.I. 2010/1858, art. 3(d)(vi)