Powers of Criminal Courts (Sentencing) Act 2000

17 The referral conditions.E+W

(1)For the purposes of section 16(2) above [F1and subsection (2) below] the compulsory referral conditions are satisfied in relation to an offence if [F2the offence is an offence punishable with imprisonment and] the offender—

(a)pleaded guilty to the offence and to any connected offence; [F3and ]

[F4(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.]

F5(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6(2)For the purposes of section 16(3) above, the discretionary referral conditions are satisfied in relation to an offence if—

(a)the compulsory referral conditions are not satisfied in relation to the offence;

(b)the offender pleaded guilty—

(i)to the offence; or

(ii)if the offender is being dealt with by the court for the offence and any connected offence, to at least one of those offences; and

(c)subsection (2A), (2B) or (2C) below is satisfied in relation to the offender.

(2A)This subsection is satisfied in relation to the offender if the offender has never [F7—

(a)]been convicted by or before a court in the United Kingdom (“a UK court”) of any offence other than the offence and any connected offence [F8, or

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

[F9(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.]

(2C)This subsection is satisfied in relation to the offender if—

[F10(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;]

(b)an appropriate officer recommends to the court as suitable for the offender a referral to a youth offender panel under that section in respect of the offence; and

(c)the court considers that there are exceptional circumstances which justify ordering the offender to be so referred.

(2D)In subsection (2C)(b) above “appropriate officer” means—

(a)a member of a youth offending team;

(b)an officer of a local probation board; or

(c)an officer of a provider of probation services.]

(3)The Secretary of State may by regulations make such amendments of this section as he considers appropriate for altering in any way the descriptions of offenders in the case of which the compulsory referral conditions or the discretionary referral conditions fall to be satisfied for the purposes of section 16(2) or (3) above (as the case may be).

(4)Any description of offender having effect for those purposes by virtue of such regulations may be framed by reference to such matters as the Secretary of State considers appropriate, including (in particular) one or more of the following—

(a)the offender’s age;

(b)how the offender has pleaded;

(c)the offence (or offences) of which the offender has been convicted;

(d)the offender’s previous convictions (if any);

(e)how (if at all) the offender has been previously punished or otherwise dealt with by any court; and

(f)any characteristics or behaviour of, or circumstances relating to, any person who has at any time been charged in the same proceedings as the offender (whether or not in respect of the same offence).

F11(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6S. 17(2)-(2D) substituted for s. 17(1A)(2) (27.4.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 35(3), 153(7); S.I. 2009/860, art. 2(2)(a)