THIRD GROUP OF PARTSDisposals

PART 6Orders relating to conduct

CHAPTER 1Referral orders for offenders aged under 18

Making referral orders

I185Duty and power to make referral order

1

Where a referral order is available—

a

the court must make a referral order if the compulsory referral conditions are met;

b

otherwise, the court may make a referral order.

2

The compulsory referral conditions are met where—

a

the offence is an imprisonable offence,

b

the offender pleaded guilty to the offence and to any connected offence, and

c

the offender has never been—

i

convicted by or before a court in the United Kingdom of any offence other than the offence and any connected offence, F2...

F2ii

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12A

But the compulsory referral conditions are not met if—

a

the proceedings for the offence were instituted before IP completion day (see section 397(5)) and,

b

the offender has previously been convicted by or before a court in a member State of any offence

3

For the effect of making a referral order on the court's other sentencing powers, see section 89.