Things to consider:
Breach proceedings or other hearing
Once a child has turned 18, any breach proceedings or other hearings where the youth offender panel refers the matter to court, will be heard in the adult magistrates’ court. If the court decides to revoke the order, then its powers when re-sentencing are limited to those available to the court at the time of the original sentence.
Transfer of RO to probation
When a child subject to a Referral Order reaches the age of 18 YOTs may agree for elements of this Order to be supervised by the National Probation Service (NPS) and Community Rehabilitation Company (CRC). Regardless of whether Referral Order elements are supervised by NPS/CRC colleagues, the YOT retains a statutory duty to implement the Order and to make arrangements for supervising the child’s compliance or non-compliance with the terms of the contract. Decisions should be made on a case-by-case basis and it is recommended that YOTs develop a local protocol with the NPS/CRC which specifically includes Referral Orders.
- YJLC legal guide and briefing on turning 18 in the criminal justice system
- Para 4(1)(b), Schedule 4 of the Sentencing Act 2020; previously para 4(1)(b)(ii), Schedule 1 of the Powers of Criminal Courts (Sentencing) Act 2000
- Referral Order Guidance (October 2018) Ministry of Justice and Youth Justice Board, paras 9.40 and 9.41
- HM Prison & Probation Service, National Probation Service and Youth Justice Board (2018) Joint National Protocol for Transitions in England: Joint protocol for managing the cases of young people moving from Youth Offending Teams to Probation Services
- HM Prison & Probation Service in Wales, National Probation Service and Youth Justice Board (2020) Youth to adult transitions principles and guidance (Wales): Joint protocol for managing the cases of young people moving from Youth Offending Teams to the National Probation Service