The Referral Orders (Amendment of Referral Conditions) Regulations 2003

UK Statutory Instrument 2003 No. 1605 — creates 3 criminal offences.

3offences created

0recorded in force

0revoked

Made: 19 June 2003
In force from: 18 August 2003
Extent: Not stated
Subject: Miscellaneous
Made under: Powers of Criminal Courts (Sentencing) Act 2000

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

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.

Offences created by this instrument

In section 17(1) of the Sentencing Act, after “are satisfied in relation to an offence if” there is inserted “the… regulation 2(1) · Status not determined · Strict liability
In section 17(2) of the Sentencing Act— a after “the discretionary referral conditions are” there is inserted “also”;… regulation 2(3) · Status not determined · Strict liability
b in paragraph (a), after “connected offences” there is inserted “(whether or not any of them is an offence punishable… regulation 2(3)(b) · Status not determined · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Criminal Law Commons · Commons Chamber · 9 June 2003
That the draft Referral Orders (Amendment of Referral Conditions) Regulations 2003, which were laid before this House on 1st May, be approved.— [Dan Norris.]
Referral Orders (Amendment Of Referral Conditions) Regulations 2003 Lords · Lords Chamber · 13 June 2003

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

Check the source

This instrument on legislation.gov.uk The authoritative text, including amendments made since
Other instruments from 2003