Commentary on Sections Other matters Section 45: Referral orders: revocation on further conviction
415.Section 45 amends provisions in paragraph 14 of Schedule 1 to the PCC(S)A 2000 which sets out circumstances in which the court must revoke an existing referral order or orders in circumstances where the offender is convicted of further offences.
416.Subsection (2) substitutes a new paragraph 14(2) to replace the current duty on the court to revoke one or more extant referral orders (and any related orders) with a power to revoke an order if it appears to be in the interests of justice to do so. It also amends paragraph 14(1) to include a conditional discharge as an order exempt from the current duty on the court (and the proposed discretionary power of the court) to revoke any existing orders in the event that the offender is convicted of further offences.
417.Subsection (3) amends section 18 of the PCC(S)A 2000 so that where a court makes a referral order in respect of an offender who is already subject to a referral order the court may direct that the new youth offender contract should not take effect until the earlier order has been revoked or completed.
418.Subsection (4) provides that these amendments will apply on commencement to a person dealt with for an offence committed either before or after that date for which section 45 comes into force.