Clause 21
Criminal Justice and Immigration Bill
4:45 pm
David Hanson (Minister of State, Ministry of Justice; Delyn, Labour)
Amendment No. 141 would allow, as the hon. Member for Enfield, Southgate has just indicated, the award of a second referral order, if that has been recommended by the youth offending team, an officer of the probation team, or a social worker from a local authority.
I do not wish to see referral orders used for a second time, for reasons that I shall outline to him. If a young person has reoffended, they have failed the referral process and not taken the opportunity that has been given to them to correct their behaviour at the first referral order. The referral order principle works on the basis of restorative justice, with the offender being made to face up to the effect that their offence has on others, taking responsibility for their actions, and making restoration to their victims. We have deliberately designed the sentence to be targeted at those who receive a court sentence for the first time, where they plead guilty. Pleading guilty demonstrates an acknowledgement of the events and is an indicator that the young person is suitable for the restorative justice approach, in terms of facing up to their offences and talking to their victims.
We are extending the referral order to be available on second conviction, if not used previously, because those people have not had the opportunity to undergo the referral process. I must say to the hon. Gentleman that the purpose of the youth rehabilitation order that we have put in place is, under the terms of the Bill, the next stage in relation to a failed referral order, and I ask him to reflect on that and to withdraw his amendments, and I ask the Committee to accept the Government amendment.