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Home Office - Building a safe, just and tolerant society

Published: 1st October 1999

Youth Justice and Criminal Evidence Act

Part 1: Referral to a Youth Offender Panel

Part 1 of the Act continues the process of reforming the Youth Justice System begun by the Crime and Disorder Act 1998. That Act introduced a number of measures, which incorporate the key principles of restorative justice:

  • Making restoration to the victim

  • Achieving reintegration into the law-abiding community

  • The offender taking responsibility for the consequences of their behaviour

The Government now wants to extend these principles into the youth court so that it becomes more than just a means of establishing innocence and guilt. We believe that a conviction should trigger a wider inquiry into the reasons for a young person's offending behaviour and allow appropriate action to be taken to tackle it. This will be achieved by introducing referrals to a youth offender panel for first time young offenders (i.e. those aged between 10-17) who plead guilty.

How will it work?

Following a conviction, a first time young offender who has pleaded guilty will be referred to a youth offender panel, unless the court thinks an absolute discharge or custody is appropriate. This panel will be made up of people recruited from the local community, who have with an interest or expertise in dealing with young people. The Panel will also include a member from the local Youth Offending Team.

The panel will agree a contract with the offender and their family aimed at tackling the young person's offending behaviour and its causes. The contract will set out clear requirements that they will have to fulfil. These might include an apology and some form of reparation to their victim, carrying out community work, taking part in family counselling or drug rehabilitation. In fulfilling the contract the young person will have to face both what they have done and its consequences. If they fail to agree or breach the terms of a contract the young person will be returned to the court for sentencing for the original offence.

The Government will, in due course, produce draft guidance on such matters as the qualifying criteria for the youth offender panel members, and the possible components of the contract to be agreed with the young offender. Once ready for consultation, these will be available at this web site.

For more information please contact:

Olivia McLeod
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