§ Lord Islwynasked Her Majesty's Government:
When their proposals for a new disposal for young offenders, contained in Chapter 9 of the White Paper No More Excuses, will be taken forward. [HL3923]
§ The Minister of State, Home Office (Lord Williams of Mostyn)The White PaperNo More Excuses set out radical proposals for reform of the youth court, to enable those appearing before the youth court for the first time to be referred, by way of sentence, to a youth offender panel. Following the principles of restorative justice, the panel would draw up a contract with the young offender to include reparation to the victim of the offence or to the wider community, and measures to deal with drug or alcohol abuse, poor parenting or other issues relevant to the offending behaviour. The length of the referral would be determined by the court, on the basis of the seriousness of the crime, up to a maximum of 12 months. The Government invited comments on these proposals and received replies from 97 individuals and organisations. The majority of the respondents were in favour of the proposals.
205WAAs suggested in the White Paper, it is intended that the new disposal will be automatic for those appearing for the first time and pleading guilty, save for those occasions where either an absolute discharge or a custodial sentence is considered appropriate. In the light of consultation, it is also proposed to make the disposal available, on a discretionary basis, where the defendant pleads guilty to some offences but not guilty to others; and to give the courts discretion to extend referral orders when dealing with other offences committed before or during the referral period. The White Paper suggested that membership of the youth offender panel be drawn from the magistracy and the police. In the light of consultation, it is proposed that panel members be recruited from members of the community with an experience of young people and crime. This would include magistrates and the police, but on a lay basis.
Subject to these and other minor amendments to the original White Paper proposals, legislation making provision for this new disposal will be introduced at the earliest opportunity.