Part III MANDATORY AND DISCRETIONARY REFERRAL OF YOUNG OFFENDERS

Referral orders

20 Making of referral orders: attendance of parents etc.

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 aged under 16 when a court makes a referral order in his case—

a

the court shall exercise its power under subsection (1) above 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) below, 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) below, 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) below, 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 M1Children 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.