Referral orders for youth offenders
Youth offending can have a significant impact on the course of a person’s life. Some youth offending is simply down to boredom, or a lack of maturity. These brash mistakes in the teenage years can result in a criminal record which impacts the person’s job prospects going forward.
In order to stop a young person’s life from being totally derailed by youth offending, the justice system now offers referral orders instead of a prison sentence in some circumstances. The idea is that the young person is given the opportunity to stop a pattern of offending behaviour before it becomes entrenched.
What is a referral order?
A referral order is basically a community sentence. Instead of going to jail, the young person who committed the offence will pay back ‘in kind’ to the victim or the community. They could be ordered to do things like repair damage they caused, clear up vandalism, help with litter picking, or work with elderly or disabled people.
The process for a referral order
If you’re given a referral order by a judge, then you’ll be asked to meet a panel of people. On the panel are two trained community volunteers, and a member of the youth offending team. Their job is to help you and support you. You’ll have a chat with them about yourself and your offending, and perhaps discuss what you’d like to achieve in the future.
In the course of your chats, you might identify certain problems or goals. So the panel is there to support you back into education, training, or employment if that’s what you want to do. Or you might be given help to resolve a conflict within your family.
Once you’ve agreed a course of action, then you’ll be asked to sign a contract. Your contract sets out the activities that you’ve agreed to participate in, and says that you understand that these activities will help you to stop offending.
The voice of the victim
One thing that is often very powerful in helping young people to stop reoffending is hearing the voice of the victim. Sometimes young people don’t realise what impact their crime has on other people. Hearing how a victim felt about the crime can hit home.
It also gives you an opportunity to give an explanation or an apology if you would like to.
When will Referral Orders be given?
Referral orders are only available for youths, so that’s people aged between 10 and 17.
They can be given if you have no previous convictions, and you plead guilty to an imprisonable offence. A referral order is still available if you have previous convictions, but it’s up to the judge, and you must plead guilty to at least one of the offences you’re charged with.
There’s no limit on the number of referral orders that a repeat offender can receive.
But be aware, that it’s not available if you plead ‘not guilty’.
How long is a referral order?
A referral order will be imposed for a minimum of three months and a maximum of 12 months. The length will be based on the seriousness of the offence.
What happens if you don’t comply?
If you don’t comply with the contract that you’ve signed with the panel, then the referral order can be automatically revoked.
You’ll probably have to go back to court and the judge will decide if the revocation stands, or if you get another chance at complying with your referral order. If you’ve blown your chance with the referral order, then you may be resentenced, and prison could be an option (depending on the offence).
Is a referral order a good thing?
A referral order is a better punishment than a prison sentence, as you won’t have a criminal conviction and you won’t spend time in prison.
However, it is still classed as a conviction and will remain on the Police National Computer indefinitely. That means that it is disclosed on standard and enhanced DBS checks, but once is it is spent, it is not disclosed on a basic DBS check. With that in mind, it could hinder your chances of getting certain jobs in the future, such as jobs in healthcare or working with young people.
The main thing about a referral order is that it gives you the opportunity for rehabilitation. You’re not tied in to a life of offending and you get the support you need to get back on track.
How we can help
At Harewood Law we often represent youths who have been accused of offending. We can help you with your defence and make sure that your sentence is not too harsh. We can help you get a referral order instead of prison time, and make sure the terms of the order are suitable for you.
Contact Harewood Law today, we work on both privately funded and serious Legal Aid cases across Leeds, Bradford, Halifax, Wakefield, Huddersfield, Keighley and across West Yorkshire and the UK.
0333 3448377 | info@harewoodlaw.com