Youth Justice and Criminal Evidence Act 1999

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

(c) the court is not proposing to discharge him absolutely in respect of the offence.

(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(b) the notice has not been withdrawn.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).