Q&As

Can a youth receive a referral order for an offence of dangerous cycling in the magistrates’ court?

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Published on LexisPSL on 02/11/2017

The following Corporate Crime Q&A provides comprehensive and up to date legal information covering:

  • Can a youth receive a referral order for an offence of dangerous cycling in the magistrates’ court?
  • Basis of a referral order
  • Conditions of a referral order: compulsory
  • Conditions of a referral order: discretionary

Can a youth receive a referral order for an offence of dangerous cycling in the magistrates’ court?

Basis of a referral order

A court is able to make a referral order under section 16 of the Powers of Criminal Courts (Sentencing) Act 2000 (PCC(S)A 2000) where:

  1. it is dealing with a person aged under 18 for an offence and

  2. the conditions in PCC(S)A 2000, s 16(1) ss a to c are met

For further information, see Practice Note: Young offenders and the criminal justice system [Archived].

A referral order is not available for an offence where the sentence is fixed by law (PCC(S)A 2000, s 16(1)(a)).

The offence of dangerous cycling, under section 28 of the Road Traffic Act 1988 is punishable by:

‘RTA section 28 [Dangerous] cycling Summarily [Level 4] on the standard scale (Schedule 2, Part I Road Traffic Offenders Act 1988).’

There are two basis on which a referral order can be made: compulsory and discretionary. Where the compulsory conditions are met, the court shall make the order (PCC(S)A 2000, s 16(2)). Where the discretionary conditions are met, it may make the

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