What are the court’s powers when dealing with a referral back to court to extend a Referral Order (RO)?

Things to consider:

The youth offender panel may refer a child back to court to extend the period of the RO if it appears to the panel to be in the interest of justice for the RO (or each of the ROs) to be extended. The panel’s reasons must be set out in a written report for the court. The court may, if it appears that it would be in the interest of justice to do so, having regard to circumstances which have arisen since the contract took effect, make an order extending the length of the compliance period but:

  • by no more than three months; and
  • the extension period must not cause the total length of the order to exceed 12 months.

The court may only extend the period of the order if:

  • the child is present in court;
  • the youth offender contract has taken effect; and
  • the compliance period has not ended.

The court must also have regard to the extent of the child’s compliance with the contract. The court does not have the power to revoke and re-sentence.


Further resources: