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Youth Justice and Criminal Evidence Act 1999

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This is the original version (as it was originally enacted).

5Making of referral orders: attendance of parents etc

This section has no associated Explanatory Notes

(1)A court making a referral order may make an order requiring—

(a)the appropriate person, or

(b)in a case where there are two or more appropriate persons, any one or more of them,

to attend the meetings of the youth offender panel.

(2)Where an offender is under the age of 16 when a court makes a referral order in his case—

(a)the court shall exercise its power under subsection (1) so as to require at least one appropriate person to attend meetings of the youth offender panel; and

(b)if the offender falls within subsection (6), the person or persons so required to attend those meetings shall be or include a representative of the local authority mentioned in that subsection.

(3)The court shall not under this section make an order requiring a person to attend meetings of the youth offender panel—

(a)if the court is satisfied that it would be unreasonable to do so, or

(b)to an extent which the court is satisfied would be unreasonable.

(4)Except where the offender falls within subsection (6), each person who is a parent or guardian of the offender is an “appropriate person” for the purposes of this section.

(5)Where the offender falls within subsection (6), each of the following is an “appropriate person” for the purposes of this section—

(a)a representative of the local authority mentioned in that subsection, and

(b)each person who is a parent or guardian of the offender with whom the offender is allowed to live.

(6)An offender falls within this subsection if he is (within the meaning of the [1989 c. 41.] Children Act 1989) a child who is looked after by a local authority.

(7)If, at the time when a court makes an order under this section—

(a)a person who is required by the order to attend meetings of a youth offender panel is not present in court, or

(b)a local authority whose representative is so required to attend such meetings is not represented in court,

the court must send him or (as the case may be) the authority a copy of the order forthwith.

(8)In this section “guardian” has the same meaning as in the [1993 c. 12.] Children and Young Persons Act 1933.

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