Youth Justice and Criminal Evidence Bill [H.L.] - continued        House of Lords
PART I, REFERRALS TO YOUTH OFFENDER PANELS - continued
Youth offender contracts - continued

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Progress meetings.     11. - (1) At any time-
 
 
    (a) after a youth offender contract has taken effect under section 8, but
 
    (b) before the end of the period for which the contract has effect,
  the specified team shall, if so requested by the panel, arrange for the holding of a meeting of the panel under this section ("a progress meeting").
 
      (2) The panel may make a request under subsection (1) if it appears to the panel to be expedient to review-
 
 
    (a) the offender's progress in implementing the programme of behaviour contained in the contract, or
 
    (b) any other matter arising in connection with the contract.
      (3) The panel shall make such a request if-
 
 
    (a) the offender has notified the panel that-
 
      (i) he wishes to seek the panel's agreement to a variation in the terms of the contract, or
 
      (ii) he wishes the panel to refer him back to the appropriate court with a view to the referral order (or orders) being revoked on account of a significant change in his circumstances (such as his being taken to live abroad) making compliance with any youth offender contract impractical; or
 
    (b) it appears to the panel that the offender is in breach of any of the terms of the contract.
      (4) At a progress meeting the panel shall do such one or more of the following things as it considers appropriate in the circumstances, namely-
 
 
    (a) review the offender's progress or any such other matter as is mentioned in subsection (2);
 
    (b) discuss with the offender any breach of the terms of the contract which it appears to the panel that he has committed;
 
    (c) consider any variation in the terms of the contract sought by the offender or which it appears to the panel to be expedient to make in the light of any such review or discussion;
 
    (d) consider whether to accede to any request by the offender that he be referred back to the appropriate court.
      (5) Where the panel has discussed with the offender such a breach as is mentioned in subsection (4)(b)-
 
 
    (a) the panel and the offender may agree that the offender is to continue to be required to comply with the contract (either in its original form or with any agreed variation in its terms) without being referred back to the appropriate court; or
 
    (b) the panel may decide to end the meeting and refer the offender back to that court.
      (6) Where a variation in the terms of the contract is agreed between the offender and the panel, the panel shall cause a written record of the variation to be produced forthwith-
 
 
    (a) in language capable of being readily understood by, or explained to, the offender; and
 
    (b) for signature by him.
      (7) Any such variation shall take effect once the record has been signed-
 
 
    (a) by the offender, and
 
    (b) by a member of the panel on behalf of the panel;
  and the panel shall cause a copy of the record to be given or sent to the offender.
 
      (8) If at a progress meeting-
 
 
    (a) any such variation is agreed but the offender does not sign the record produced in pursuance of subsection (6), and
 
    (b) his failure to do so appears to the panel to be unreasonable,
  the panel may end the meeting and refer the offender back to the appropriate court.
 
      (9) Section 8(2) to (4) shall apply in connection with what may be provided for by the terms of the contract as varied under this section as they apply in connection with what may be provided for by the terms of a programme of behaviour of the kind mentioned in section 8(1).
 
      (10) Where the panel has discussed with the offender such a request as is mentioned in subsection (4)(d), the panel may, if it is satisfied that there is (or is soon to be) such a change in circumstances as is mentioned in subsection (3)(a)(ii), decide to end the meeting and refer the offender back to the appropriate court.
 
Final meeting.     12. - (1) Where the compliance period in the case of a youth offender contract is due to expire, the specified team shall arrange for the holding of a meeting of the panel under this section ("the final meeting").
 
      (2) At the final meeting the panel shall-
 
 
    (a) review the extent of the offender's compliance to date with the terms of the contract; and
 
    (b) decide, in the light of that review, whether his compliance with those terms has been such as to justify the conclusion that, by the time the compliance period expires, he will have satisfactorily completed the contract;
  and the panel shall give the offender written confirmation of its decision.
 
      (3) Where the panel decides that the offender's compliance with the terms of the contract has been such as to justify that conclusion, the panel's decision shall have the effect of discharging the referral order (or orders) as from the end of the compliance period.
 
      (4) Otherwise the panel shall refer the offender back to the appropriate court.
 
      (5) In this section "the compliance period" in relation to a youth offender contract means the period for which the contract has effect in accordance with section 9.
 
 
Further court proceedings
Offender referred back to court or convicted while subject to referral order.     13. Schedule 1, which-
 
 
    (a) in Part I makes provision for what is to happen when a youth offender panel refers an offender back to the appropriate court, and
 
    (b) in Part II makes provision for what is to happen when an offender is convicted of further offences while for the time being subject to a referral order,
  shall have effect.
 
 
Supplementary
Functions of youth offending teams.     14. - (1) The functions of a youth offending team responsible for implementing a referral order include, in particular, arranging for the provision of such administrative staff, accommodation or other facilities as are required by the youth offender panel established in pursuance of the order.
 
      (2) During the period for which a youth offender contract between a youth offender panel and an offender has effect-
 
 
    (a) the specified team shall make arrangements for supervising the offender's compliance with the terms of the contract; and
 
    (b) the person who is the member of the panel referred to in section 6(3)(a) shall ensure that records are kept of the offender's compliance (or non-compliance) with those terms.
      (3) In implementing referral orders a youth offending team shall have regard to any guidance given from time to time by the Secretary of State.
 
Interpretation of Part I.     15. - (1) In this Part-
 
 
    "the appropriate court" shall be construed in accordance with paragraph 1(2) of Schedule 1;
 
    "custodial sentence" means a sentence of detention in a young offender institution, a secure training order under section 1 of the Criminal Justice and Public Order Act 1994, a detention and training order within the meaning given by section 73(3) of the Crime and Disorder Act 1998 or a sentence of detention under section 53(3) of the Children and Young Persons Act 1933;
 
    "hospital order" has the meaning given in section 37 of the Mental Health Act 1983;
 
    "meeting", in relation to a youth offender panel, shall be construed in accordance with section 6(7);
 
    "referral order" means (in accordance with section 1(5)) an order under section 1(2) or (3);
 
    "the specified team", in relation to an offender to whom a referral order applies (or two or more associated referral orders apply), means the youth offending team for the time being specified in the order (or orders);
 
    "youth offending team" means a team established under section 39 of the Crime and Disorder Act 1998.
      (2) For the purposes of this Part an offence is associated with another if the offender falls to be dealt with for it at the same time as he is dealt with for the other offence (whether or not he is convicted of the offences at the same time or by or before the same court).
 
      (3) References in this Part to a referral order being associated with another shall be construed in accordance with section 3(7).
 
 
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Prepared 4 December 1998