Referral Orders in Youth Justice: A Clear Guide for England and Wales
A Referral Order is one of the most common sentences given to children and young people aged 10–17 in England and Wales when they appear in youth court for the first time and admit the offence. It is a distinctly restorative sentence, focused on dialogue, accountability, and repairing harm rather than punishment alone.
What a Referral Order is
A Referral Order is a youth court sentence that requires the child or young person to work with a Youth Offending Team (YOT) and a Youth Offender Panel. The panel is usually made up of trained community volunteers and a YOT worker.
Together, they create a written contract that sets out how the young person will:
- Take responsibility: Acknowledge and accept responsibility for the offence.
- Repair harm: Make amends for the harm caused to the victim and the wider community.
- Address causes: Work on the factors behind their behaviour, such as peer pressure, school issues, or substance misuse.
- Make positive changes: Build safer, more positive routines and relationships for the future.
The Referral Order contract usually lasts between 3 and 12 months, depending on the seriousness of the offence and the needs of the young person.
When a Referral Order is used
A Referral Order is closely linked to first-time appearances in the youth court. It is often described as the youth justice system’s clearest expression of restorative justice in action.
Mandatory use of Referral Orders
A youth court must impose a Referral Order when all of the following apply:
- First time in court: It is the young person’s first appearance in a youth court.
- Guilty plea: They admit the offence (plead guilty).
- Not so serious that custody is required: The offence does not cross the threshold for a custodial sentence.
Discretionary use of Referral Orders
Courts can also choose to impose a Referral Order in other circumstances, where it is considered appropriate and proportionate. However, the mandatory rule applies to first-time guilty pleas that do not require custody.
How a Referral Order works
1. The Youth Offender Panel meeting
Shortly after sentencing, the young person and their parent or carer attend a Youth Offender Panel meeting. The victim may attend in person or contribute indirectly, for example through a letter, recorded message, or a representative, if they wish.
The panel will usually discuss:
- What happened: The details of the offence and how it came about.
- Impact on the victim: How the offence affected the victim and others.
- Young person’s circumstances: Family life, education, health, and other relevant factors.
- What needs to change: What support and boundaries are needed to prevent further offending.
This is a restorative conversation—respectful, structured, and focused on accountability and understanding, rather than blame alone.
2. The Referral Order contract
The panel and the young person agree a personalised contract. This is a key part of the Referral Order and sets out what the young person will do during the order.
The contract may include:
- Reparation:
For example, writing a letter of apology, meeting the victim (if everyone agrees), or taking part in
community projects that give something back. - Behaviour programmes:
Such as anger management, victim awareness sessions, or work on substance misuse. - Education or training:
Commitments to attend school, college, training, or alternative education. - Positive activities:
Structured activities that build confidence, skills, and positive use of time. - Restrictions:
Conditions such as staying away from certain areas or people linked to the offence.
The contract should be realistic, achievable, and reviewed regularly so that it continues to meet the young person’s needs and supports change.
3. Supervision and support from the Youth Offending Team
The Youth Offending Team supervises the young person throughout the Referral Order. They help the young person to complete the contract and offer support with wider needs.
This support can include:
- Family support: Helping to improve communication and routines at home.
- Education support: Working with schools or colleges to improve attendance and engagement.
- Health and wellbeing: Identifying and responding to mental health needs or emotional difficulties.
- Safety and exploitation: Addressing risks such as criminal exploitation, grooming, or unsafe peer groups.
4. Completion of the Referral Order
If the young person completes the contract successfully, the Referral Order ends. The conviction then becomes spent immediately, which is a significant benefit for their future education, training, and employment.
If they do not comply with the contract, or repeatedly miss appointments without good reason, the case can be returned to court. The court may then impose a more serious sentence.
Why Referral Orders matter
Referral Orders are designed to be constructive, not just punitive. They are widely regarded as one of the most effective youth justice interventions for first-time offenders.
Key aims of Referral Orders include:
- Giving victims a voice: Victims can explain the impact of the offence and, if they wish, take part in shaping reparation.
- Building understanding: Helping young people understand the real impact of their actions on others and on themselves.
- Reducing reoffending: Addressing the root causes of offending behaviour, not just the symptoms.
- Strengthening communities: Involving trained community volunteers in Youth Offender Panels.
- Encouraging genuine change: Supporting young people to make lasting, positive changes in their lives.
By focusing on accountability, reparation, and support, Referral Orders aim to give young people a meaningful opportunity to move forward and avoid further involvement in the justice system.
Referral Order FAQs
Is a Referral Order a criminal record?
A Referral Order is a court sentence, so it does appear on a young person’s record. However, if they complete the order successfully, the conviction becomes spent immediately. This can make a real difference when they apply for education, training, or work in the future, depending on the type of checks involved.
Can a victim be involved in a Referral Order?
Yes. Victims can choose whether and how to be involved. They may attend the panel meeting, send a written statement, or ask someone to speak on their behalf. Their wishes and safety are always taken into account.
What happens if the young person does not stick to the contract?
If the young person does not comply with the Referral Order—for example, by missing appointments or refusing to take part in agreed activities—the Youth Offending Team can return the case to court. The court may then decide to make the sentence more severe.