Youth Justice and Criminal Evidence Bill [Lords] — Referral of young offenders to youth offender panels — 8 Jul 1999

As amended in the Committee, considered.

(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;

(c) the court is not proposing to impose a fine; and

(d) the court is not proposing to impose a conditional discharge.

(2) If the referral conditions are satisfied in accordance with subsection (3) and referral is available to the court, the court shall order the offender to be referred to a youth offender panel.

(3) The referral conditions are satisfied if the offender pleaded guilty to the offence or any associated offence and has never been convicted by or before a court in the United Kingdom of any offence other than the offence and any associated offence.

(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(b) the notice has not been withdrawn.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 undersubsection (2).

(6) 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 referral conditions fall to be satisfied for the purposes of subsection (3).

(7) 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;

(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); and

(g) whether the offender has previously been subject to a referral order.

(8) For the purposes of this section an offender who has been convicted of an offence in respect of which he was conditionally discharged (whether by a court in England and Wales or in Northern Ireland) shall be treated, despite--

(a) section 1C(1) of the Powers of Criminal Courts Act 1973 (conviction of offence for which offender so discharged deemed not a conviction), or

(b) Article 6(1) of the Criminal Justice (Northern Ireland) Order 1996 (corresponding provision for Northern Ireland),

as having been convicted of that offence'.-- [Mr. Greenway.]

Brought up, and read the First time.

I beg to move, That the clause be read a Second time.

Mr. Deputy Speaker (Mr. Michael J. Martin):

With this, it will be convenient to discuss the following amendments: No. 1, in clause 1, page 1, line 8, leave out Clauses 1 and 2.

Question put, That the clause be read a Second time:--

The House divided: Ayes 118, Noes 296.

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