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Contact: Philip Sutton, Manager Wessex Youth Offending Team 01962 876100

1. Introduction

1.1. Referral Orders, which were introduced in the Youth Justice and Criminal Evidence Act 1999, are a key element of the Government's strategy to prevent youth offending. Following their introduction in a number of pilot areas during 2000, national implementation is planned for 1^st April 2002. This report sets out the current arrangements in Hampshire and the Isle of Wight for implementing the new order.

2. Background

2.1 Once the order becomes available to the youth court, the referral order will be almost a mandatory sentence for young offenders without previous convictions who plead guilty to an offence. The number of orders will be significant. There is likely to be a corresponding reduction in the numbers of fines, discharges, reparation orders and community penalties.

2.2 Courts will refer the young offender to a Youth Offender Panel. Panels must comprise of at least two volunteers from the local community, and one member of the Youth Offending Team. The recruitment and training of panel members is to be overseen by the Youth Offending Team Manager. The courts will specify the length of the referral order, and during this period, the young offender will be required to undertake a programme of activities, including reparation to the victim.

2.3 The panel will monitor the offender's compliance with the contract. If the programme is successfully completed, the conviction becomes "spent" at the end of the order. By way of comparison, many existing sentences do not allow for the conviction to be "spent" for thirty months from the date of the conviction. Failure to agree to, or to comply with contracts results in the young offender being returned to court and re-sentenced.

3. Local Implementation

3.1 An Area Manager of Wessex Youth Offending Team has visited the pilot sites of Oxfordshire, Wiltshire and Suffolk. He reports a largely successful implementation of the new procedures, but emphasises the considerable amount of effort that is needed to recruit panel members and to service their meetings. In general, there has been no shortage of suitable volunteers. Ninety per cent of panels produce a satisfactory contract with the young person. The involvement of victims has been positive, although at times the process has been too rushed to enable them to participate fully.

3.2 A local steering group has been established and when fully operational, will consist of members from the Youth Offending Team and the Management Board of Wessex Y.O.T., the Clerk to the Justices, Victim Support Co-ordinators, a Chair of the Youth Court Panel and a representative of the Law Society. The steering group will assist in the recruitment of staff and volunteers and will generally aim to seek a smooth and constructive implementation of the new procedures.

3.3 The recruitment process is underway for a Referral Order Co-ordinator for each of the seven area-based teams in Wessex Youth Offending Team. The post holders will, under the direction of the Youth Offending Team Manager and the steering group, oversee the recruitment of panel members during the autumn and winter.

3.4 A successful implementation of the Referral Order will demonstrate the following components:

· A high level of compliance with contracts.

· Reconviction rates which compare favourably with those of existing disposals.

· Participation by victims at panel meetings.

· A process which is genuinely restorative in nature, and which fully involves the young offender and his/her family.

· Panel members recruited with diverse age, gender and ethnic profiles.

· Panel members who exemplify and encourage community involvement in preventing youth offending.

· A process which has the confidence of magistrates and other court users.

4. Funding Implications

4.1 The costs of implementing the new order during 2001/02 are fully met by the Home Office by means of a grant of £61,000. This will cover the half-year costs of the co-ordinators. There is a commitment to provide additional funding for at least the two following financial years, although the level of funding has yet to be determined. This funding is included in the on-going consultation process about new funding for Youth Offending Teams.

4.2 There are likely to be significant "hidden" costs for the Youth Offending Team involved in, for example, providing reports and "up-dates" for the panels. Some savings may occur, however, through a reduction in the numbers of pre-sentence reports and community penalties.

5. Conclusion

5.1 The Referral Order and the establishment of Youth Offender Panels offers a significant opportunity to enhance our youth justice system by involving more members of the local communities in helping to tackle youth crime, and by extending the concept of restorative justice.

6. Recommendation

It is recommended that the committee note the report on the implementation of the Referral Order in Hampshire and the Isle of Wight.

Philip Sutton

6.6.01

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Section 100D - Local Government Act 1972 - Background Documents:

The following documents disclose facts or matters on which this report or an important part of it, is based and has been relied upon to a material extent in the preparation of this report.

N.B. The list schedules:

i. Published works.

ii. Documents which disclose exempt or confidential information as defined in the Act.

None.