Part III MANDATORY AND DISCRETIONARY REFERRAL OF YOUNG OFFENDERS
Referral orders
19 Making of referral orders: effect on court’s other sentencing powers.
1
Subsections (2) to (5) below apply where a court makes a referral order in respect of an offence.
2
The court may not deal with the offender for the offence in any of the prohibited ways.
3
The court—
a
shall, in respect of any connected offence, either sentence the offender by making a referral order or make an order discharging him absolutely; and
b
may not deal with the offender for any such offence in any of the prohibited ways.
4
For the purposes of subsections (2) and (3) above the prohibited ways are—
a
imposing a community sentence on the offender;
b
ordering him to pay a fine;
c
making a reparation order in respect of him; and
d
making an order discharging him conditionally.
5
The court may not make, in connection with the conviction of the offender for the offence or any connected offence—
a
an order binding him over to keep the peace or to be of good behaviour;
b
an order under section 150 below (binding over of parent or guardian); or
c
a parenting order under section 8 of the M1Crime and Disorder Act 1998.
6
Subsections (2), (3) and (5) above do not affect the exercise of any power to deal with the offender conferred by paragraph 5 (offender referred back to court by panel) or paragraph 14 (powers of a court where offender convicted while subject to referral) of Schedule 1 to this Act.
7
Where section 16(2) above requires a court to make a referral order, the court may not under section 1 above defer passing sentence on him, but section 16(2) and subsection (3)(a) above do not affect any power or duty of a magistrates’ court under—
a
section 8 above (remission to youth court, or another such court, for sentence);
b
section 10(3) of the M2Magistrates’ Courts Act 1980 (adjournment for inquiries); or
c
section 35, 38, 43 or 44 of the M3Mental Health Act 1983 (remand for reports, interim hospital orders and committal to Crown Court for restriction order).