A referral order is available to a court dealing with an offender for an offence where—
the court is a youth court or other magistrates' court,
the offender is aged under 18 when convicted,
neither the offence nor any connected offence is an offence the sentence for which is fixed by law,
the court is not proposing to—
impose a custodial sentence, or
make a hospital order (within the meaning of the Mental Health Act 1983),
in respect of the offence or any connected offence,
the court is not proposing to make—
an order for absolute discharge, or
an order for conditional discharge,
in respect of the offence, and
the offender pleaded guilty to the offence or to any connected offence.
But a referral order is not available unless the court has been notified by the Secretary of State that arrangements for the implementation of referral orders are available in the area in which it appears to the court that the offender resides or will reside (and the notice has not been withdrawn).