Contact: P. Sutton, Head of Youth Offending Services, Tel No 01962 876100

[email protected]

1. Introduction

1.1 On 1^ST April 2002, youth courts received new powers to sentence first offenders pleading guilty to a referral order. A referral order requires attendance by the young offender and his / her carer at a series of meetings with members of youth offender panels. Panels consist of specially trained volunteers and members of the Youth Offending Team. The participation of victims at panel meetings is actively encouraged. This report, supported by information from Carole Baynham, Probation Officer / Referral Order Co-ordinator, sets out some of the early experiences of implementing the new order.

2. Recruitment and Training of Panel Members

2.1 The response from members of the public was very positive and over 100 panel members have been recruited and trained. The mix and spread of age, gender and ethnic background is generally acceptable across Wessex as a whole, although some local areas have identified specific targets for future recruitment.

2.2 The 6-day training programme developed by the Youth Justice board was delivered by managers and practitioners in the Youth Offending Team. It was regarded as a high quality training programme, by those who completed it.

2.3 The much-publicised delays at the Criminal Records Bureau caused difficulties over accrediting panel members after training.

2.4 Two key issues for the future are:

_ The recruitment of additional panel members with an emphasis on recruitment of younger people and members of ethnic minority communities.

_ The retention and development of existing members through a programme of supervision, support and training.

3. Conduct of Panel Meetings

3.1 Panel meetings generally take place in community centres and other "neutral" venues, after school, and sometimes at weekends. Panels receive a report from the Youth Offending Team and a separate report about the impact of the offence on the victim. A written contract is drawn up between the panel and the young person, setting out the actions to be taken to prevent further offending.

3.2 The level of co-operation by young people and the families has generally been high. Victim attendance has been less than hoped, although there is evidence that a personal invitation to attend is given to all identified victims, through face to face contact.

3.3 All contacts should include an element of reparation, either to the victim directly or to the local community. Arrangements for the provision of reparative activity have been slow to become established, primarily due to the difficulties that service providers have had in recruiting additional staff. Additional funds have been made available by the Youth Justice Board, and most providers have now completed their recruitment process.

4. Impact on Other Sentences

4.1 The attached table sets out the impact of the referral order on the existing pattern of sentencing in the youth courts in the first quarter of 2002/03. (Appendix A). Significant reductions in fines, discharges, reparation orders and action plan orders have occurred, but the "net gain" of orders which require an intervention programme is likely to be around 600 new cases per annum.

4.2 It would be difficult to overstate the impact of this new order on the work of the Youth Offending Team. It has required a significant re-alignment of resources, but, more importantly, a change in the "mind-set" of team members as they think much more about the impact of crime on victims, and about the expectations of communities for reparation and reassurance.

5. Looking to the Future

5.1 The referral order and the new panel members add an important new dimension to the work of the Youth Offending Team, and its relationship with local communities. The early work in relation to implementation has been demanding, but largely successful. Future activity will be concentrated on:

_ Monitoring the quality of panel meetings.

_ Retaining and training panel members.

_ Increasing victim participation.

_ Improving the range of restorative activity.

_ Developing clear procedures with courts in relation to non-compliance.

6. Recommendation

The Committee may wish to:

i. Note the report into the implementation of the referral order.

ii. Request that Referral Order Co-ordinators are commended for their contribution to implementation.

P. Sutton

12.9.02

cyjc referral orders

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.

NB. The list schedules:

(1) Published works.

(2) Documents which disclose exempt or confidential information as defined in the Act.

None

App. A.

Impact of Referral Orders on other Sentences

First Quarter 2002/3

1. Background figures April 2001 - March 2002

2. First quarter figures April - June 2002

3. Predicted annual figures for April 2002 - March 2003

4. Predicted percentage change in disposals arising from implementation of referral orders

Conditional Discharges 345 to 212 = down 49%

Reparation orders 566 to 200 = down 65%

Action Plan Orders 446 to 264 = down 51%

Fines 669 to 408 = down 39%

5. Overall changes in orders which require the Yot to provide an intervention

Additional Referral orders +992

Reductions in Action Plan Orders /Referral Orders -404

Balance +588