Sentencing Act 2020

102 Revocation of referral order where offender making good progress etc

(1) This section applies where—

(a) a youth offender contract has taken effect between a youth offender panel and an offender, and

(b) it appears to the panel to be in the interests of justice for the referral order (or each of the referral orders) to be revoked.

(2) The panel may refer the offender back to court, requesting the appropriate court—

(a) to revoke the order (or each of the orders) under sub-paragraph (2) of paragraph 7 of Schedule 4, or

(b) to—

(i) revoke the order (or each of the orders) under that sub-paragraph, and

(ii) re-sentence the offender under sub-paragraph (4) of that paragraph for the offence in respect of which the revoked order was made.

(3) In deciding whether to refer the offender back to court under this section, the panel must have regard to circumstances which have arisen since the youth offender contract took effect, which may include the offender’s making good progress under the contract.

(4) Where—

(a) the panel refers the offender back to court under this section, and

(b) the appropriate court decides not to revoke the order (or orders) under paragraph 7(2) of Schedule 4 in consequence of that referral,

the panel may not refer the offender back to court again under this section during the 3 month period beginning with the date of the court’s decision, except with the consent of the appropriate court.