Criminal Justice and Immigration Bill

I am not saying that. I am saying that what to do with an offender is a matter for the courts. If someone on a referral order—which is not a soft option, but a fairly tough sentence for a person who has been brought to the court for the first time and has pleaded guilty—has offended again, the court is bound to consider some course of action. We hope it will not be custody. It might be if it is a very serious offence that deserves custody, but if it is not it might be a youth rehabilitation order, which involves the people whom my noble friend praises. Amendment No. 102 adds a new clause which removes the compulsory conditions for a referral order. The referral order is subject to compulsory conditions to ensure that it is used as the primary, first-time sentence for young offenders who plead guilty. The referral order is available for some imprisonable offences, but we believe that all young offenders should have the opportunity to undergo referral. I hope that is supported in the Committee. Under a referral order, the young offender has to agree a contract with the youth offender panel. It will include a programme of action that may include reparations to his victim or to the wider community in rehabilitation. It may involve paying compensation, attending mediation sessions with the victim, carrying out unpaid work or participating in programmes to address alcohol or other substance abuse. It provides a restorative justice-based intervention for young offenders who are in court, primarily for the first time. We are keen to maintain this use as restorative justice can be effective for young offenders who have not previously thought about the impact that their offending behaviour has on others.