Referral order guidance, Ministry of Justice & Youth Justice Board, October 2018
This updated guidance is for Youth Offending Teams (YOTs) and youth offender panel members and has been revised to reflect the recommendations arising from HMI Probation’s thematic inspection ‘Referral Orders – Do they achieve their potential?’, Charlie Taylor’s Review of the Youth Justice System as well as the findings of the Lammy review into the treatment of, and outcomes for BAME individuals in the Criminal Justice System.
Details
The aim of the reviewed guidance is to focus on the principles of restoration, reparation and reintegration rather than purely upon process. The guidance encourages practitioners to respond to the needs of each child and victim on a case by case basis and encourages the use of professional discretion to ensure that the child is placed at the centre of practice. The guidance covers the following topics:
- Making Referral Orders in court
- Overview of the Referral Order process
- Roles and responsibilities
- Recruiting, training and supporting volunteer panel members
- Engaging victims
- Assessing children
- Initial panel meetings
- Monitoring compliance, variation and revocation of orders
- Final meetings
Commentary
The guidance will provide useful material for lawyers making representations on behalf of child defendants. There is information which may support arguments in favour of diversion or, conversely, in favour of a referral order as an appropriate sentence.