SCHEDULES
SCHEDULE 1 Youth offender panels: further court proceedings
Part I Referral back to appropriate court
Court not revoking referral order or orders
7
1
This paragraph applies—
a
where the appropriate court decides that the matters mentioned in paragraphs (a) and (b) of paragraph 5(1) have not been proved to its satisfaction; or
b
where, although by virtue of paragraph 5(1) the appropriate court—
i
is able to exercise the power conferred by paragraph 5(2), or
ii
would be able to do so if the offender were present before it,
the court (for any reason) decides not to exercise that power.
2
If either—
a
no contract has taken effect under section 8 between the offender and the panel, or
b
a contract has taken effect under that section but the period for which it has effect has not expired,
the offender shall continue to remain subject to the referral order (or orders) in all respects as if he had not been referred back to the court.
3
If—
a
a contract had taken effect under section 8, but
b
the period for which it has effect has expired (otherwise than by virtue of section 9(6)),
the court shall make an order declaring that the referral order (or each of the referral orders) is discharged.
Part I Referral back to appropriate court
Power of court where it upholds panel’s decision
5
1
If it is proved to the satisfaction of the appropriate court as regards any decision of the panel which resulted in the offender being referred back to the court—
a
that, so far as the decision relied on any finding of fact by the panel, the panel was entitled to make that finding in the circumstances, and
b
that, so far as the decision involved any exercise of discretion by the panel, the panel reasonably exercised that discretion in the circumstances,
the court may exercise the power conferred by sub-paragraph (2).
2
That power is a power to revoke the referral order (or each of the referral orders).
3
The revocation under sub-paragraph (2) of a referral order has the effect of revoking any related order under paragraph 11 or 12.
4
Where any order is revoked under sub-paragraph (2) or by virtue of sub-paragraph (3), the appropriate court may deal with the offender in accordance with sub-paragraph (5) for the offence in respect of which the revoked order was made.
5
In so dealing with the offender for such an offence, the appropriate court—
a
may deal with him in any manner in which (assuming section 1 had not applied) he could have been dealt with for that offence by the court which made the order; and
b
shall have regard to—
i
the circumstances of his referral back to the court; and
ii
where a contract has taken effect under section 8 between the offender and the panel, the extent of his compliance with the terms of the contract.
6
The appropriate court may not exercise the powers conferred by sub-paragraph (2) or (4) unless the offender is present before it; but those powers are exercisable even if, in a case where a contract has taken effect under section 8, the period for which the contract has effect has expired (whether before or after the referral of the offender back to the court).
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