Powers of Criminal Courts (Sentencing) Bill [H.L.] - continued        House of Lords
PART III, MANDATORY AND DISCRETIONARY REFERRAL OF YOUNG OFFENDERS - continued
Youth offender contracts - continued

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Final meeting.     27. - (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, before the end of that period, 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) Nothing in section 22(2) above prevents the panel from making the decision mentioned in subsection (3) above in the offender's absence if it appears to the panel to be appropriate to do that instead of exercising either of its powers under section 22(2).
 
      (6) Section 22(2)(a) above does not permit the final meeting to be adjourned (or re-adjourned) to a time falling after the end of the compliance period.
 
      (7) 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 24 above.
 
 
Further court proceedings
Offender referred back to court or convicted while subject to referral order.     28. Schedule 1 to this Act, 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.     29. - (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 21(3)(a) above 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.
 
Regulations under Part III.     30. - (1) Any power of the Secretary of State to make regulations under section 17(3) or 21(4) above or paragraph 13(8) of Schedule 1 to this Act shall be exercisable by statutory instrument.
 
      (2) A statutory instrument containing any regulations under section 21(4) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
 
      (3) No regulations shall be made under-
 
 
    (a) section 17(3), or
 
    (b) paragraph 13(8) of Schedule 1,
  unless a draft of the regulations has been laid before, and approved by a resolution of, each House of Parliament.
 
      (4) Any regulations made by the Secretary of State under section 17(3) or 21(4) or paragraph 13(8) of Schedule 1 may make different provision for different cases, circumstances or areas and may contain such incidental, supplemental, saving or transitional provisions as the Secretary of State thinks fit.
 
Rules of court.     31. - (1) Rules of court may make such provision as appears to the authority making them to be necessary or expedient for the purposes of this Part (and nothing in this section shall be taken to affect the generality of any enactment conferring power to make such rules).
 
      (2) In this section "rules of court" means-
 
 
    (a) Magistrates' Courts Rules;
 
    (b) Crown Court Rules;
 
    (c) Criminal Appeal Rules.
Definitions for purposes of Part III.     32. In this Part-
 
 
    "the appropriate court" shall be construed in accordance with paragraph 1(2) of Schedule 1 to this Act;
 
    "associated", in relation to referral orders, shall be construed in accordance with section 18(7) above;
 
    "connected", in relation to offences, shall be construed in accordance with section 16(4) above;
 
    "meeting", in relation to a youth offender panel, shall be construed in accordance with section 21(7) above;
 
    "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).
 
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