Explanatory note

These Regulations amend section 17 of the Powers of Criminal Courts (Sentencing) Act 2000. Section 17 sets out the conditions under which it is compulsory for a youth court or other magistrates' court to make a referral order in respect of a person aged under 18 with whom it is dealing for an offence and the conditions under which the youth court or other magistrates' court has a discretionary power to make a referral order. The amendments add to the existing conditions under which it is compulsory to make a referral order the condition that the offence must be an imprisonable offence (although it will not be necessary for any connected offences to be imprisonable offences). The amendments also increase the court’s discretionary power to make a referral order so that the court will have a discretion to make a referral order in respect of an offence which is not imprisonable when the conditions for a compulsory referral order would otherwise have been met.