Search Legislation

Youth Justice and Criminal Evidence Act 1999

Status:

This is the original version (as it was originally enacted).

Power of court where it upholds panel’s decision

5(1)If it is proved to the satisfaction of the appropriate court as regards any decision of the panel which resulted in the offender being referred back to the court—

(a)that, so far as the decision relied on any finding of fact by the panel, the panel was entitled to make that finding in the circumstances, and

(b)that, so far as the decision involved any exercise of discretion by the panel, the panel reasonably exercised that discretion in the circumstances,

the court may exercise the power conferred by sub-paragraph (2).

(2)That power is a power to revoke the referral order (or each of the referral orders).

(3)The revocation under sub-paragraph (2) of a referral order has the effect of revoking any related order under paragraph 11 or 12.

(4)Where any order is revoked under sub-paragraph (2) or by virtue of sub-paragraph (3), the appropriate court may deal with the offender in accordance with sub-paragraph (5) for the offence in respect of which the revoked order was made.

(5)In so dealing with the offender for such an offence, the appropriate court—

(a)may deal with him in any manner in which (assuming section 1 had not applied) he could have been dealt with for that offence by the court which made the order; and

(b)shall have regard to—

(i)the circumstances of his referral back to the court; and

(ii)where a contract has taken effect under section 8 between the offender and the panel, the extent of his compliance with the terms of the contract.

(6)The appropriate court may not exercise the powers conferred by sub-paragraph (2) or (4) unless the offender is present before it; but those powers are exercisable even if, in a case where a contract has taken effect under section 8, the period for which the contract has effect has expired (whether before or after the referral of the offender back to the court).

(7)Where, in exercise of the powers conferred by sub-paragraph (4), the appropriate court deals with the offender for an offence by committing him to the Crown Court for sentence, sub-paragraph (5) applies in relation to his being dealt with by the Crown Court, but as if—

(a)the reference to the appropriate court were to the Crown Court; and

(b)the reference in paragraph (b)(i) to the court were to the appropriate court.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources