Compulsory referral order for a first-time youth offender pleading guilty (SA 2020 ss.84-85)
Ryan Brennan, aged 15, appears before a youth court in England and pleads guilty to theft, an imprisonable offence. He has never been convicted of any offence. The court does not propose to impose a custodial sentence or make a hospital order, and does not consider an absolute or conditional discharge appropriate. Referral order arrangements are available in his area.
What sentence must the court impose?
Choose one answer to see the reasoning.
Worked answer
Correct answer C: A referral order, because the compulsory referral conditions are met.
THE RULE TO REMEMBER
A youth court must make a referral order for a first-time offender under 18 who pleads guilty to an imprisonable offence, unless it proposes custody, a hospital order or a discharge.
Compulsory referral order for a first-time youth offender pleading guilty (SA 2020 ss.84-85)
A referral order is available under s.84 of the Sentencing Act 2020 where a youth court sentences an offender under 18 who pleaded guilty, the offence's sentence is not fixed by law, the court is not proposing custody or a hospital order, and it is not proposing an absolute or conditional discharge. All of those apply to Ryan. Section 85(1) then provides that the court must make a referral order if the compulsory referral conditions are met. Under s.85(2), those conditions are that the offence is imprisonable, the offender pleaded guilty to it and to any connected offence, and he has never been convicted of any other offence. Theft is imprisonable, Ryan pleaded guilty, and he has no previous convictions, so a referral order is mandatory.
Why A is wrong: Where the compulsory referral conditions are met, s.85(1)(a) requires a referral order rather than a youth rehabilitation order.
Why B is wrong: The court does not propose custody, and a detention and training order is a custodial sentence.
Why D is wrong: The court has decided a discharge is not appropriate, and being a first offence does not make a discharge mandatory.
Why E is wrong: A referral order requires a guilty plea under s.84(1)(f); it is not available after a not guilty plea and conviction.
A little more practice done.
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