THIRD GROUP OF PARTS Disposals

PART 6 Orders relating to conduct

CHAPTER 1 Referral orders for offenders aged under 18

Supplementary

108 Referral orders: interpretation

(1) In this Chapter—

• “the appropriate court”, in relation to any referral of an offender back to court, means—

  (a)

  if the offender is aged under 18 when first appearing before the court in pursuance of the referral back, a youth court acting in the local justice area in which it appears to the youth offender panel that the offender resides or will reside;

  (b)

  otherwise, a magistrates’ court (other than a youth court) acting in that area;

• “associated”, in relation to referral orders, is to be read in accordance with section 88(6);

• “compliance period” means the period for which a youth offender contract which takes effect between the offender and the youth offender panel is to have effect;

• “meeting”, in relation to a youth offender panel, means—

  (a)

  the first meeting arranged under section 95(1),

  (b)

  any further meeting held under section 98(2)(b),

  (c)

  any progress meeting arranged under section 99, or

  (d)

  the final meeting held under section 101;

• “the specified youth offending team”, in relation to an offender to whom a referral order applies (or two or more associated referral orders apply), means the youth offending team for the time being specified in the order (or orders);

• “youth offender panel”, in relation to an offender, means the panel established for the offender in accordance with section 91.

(2) For the purposes of this Chapter, an offence is connected with another offence if the offender is to be dealt with for both offences at the same time (whether or not convicted of them at the same time or by or before the same court).

(3) Any reference in this Chapter to a youth offender contract taking effect is to it taking effect between an offender and a youth offender panel under section 96.

(4) Section 404 (certain references to parent or guardian to be read as references to local authority) does not apply for the purposes of this Part (except that it does apply for the purposes of paragraph 13 of Schedule 4 (further proceedings)).