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PROCEDURE – Youth Caution and Conditional Caution
Number: F 0104
1.0
Date Published: 6 September 2013
Summary of Changes
This procedure has been amended at section 4.10.6 Domestic Abuse. The
information contained in this section now mirrors the requirements in the domestic
abuse procedure for adults.
2.0
About this Procedure
This document explains the procedure to be followed when considering a youth
caution (YC) or youth conditional caution (YCC) in accordance with Section 135-138
of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. This scheme
replaces penalty notices for disorder for under 18s and the former reprimand and
warning scheme.
It incorporates youth cautions and youth conditional cautions for offenders aged
between 10-17 years of age. Cautions can now be given to young people who have
previously been convicted of an offence or have already received a previous caution.
Other out of court disposals continue to be available, such as Community Resolution
or no further action through the Triage process which may be considered as more
appropriate to the circumstances.
A youth caution or youth conditional caution for a notifiable offence will be treated as a
sanctioned detection or an offence brought to justice. There is no escalatory process
with this scheme and so the range of options contained within this procedure are
available at any stage where it is determined to be the most appropriate action, the
principle aim being to prevent further offending.
3.0
Risk Assessments/Health and Safety Considerations
There are no specific health and safety considerations thought to be relevant to this
procedure. Any health and safety consideration thought appropriate to any reparation
activity will be assessed by the Youth Offending Service (YOS) worker.
Officers must ensure that any youth caution or youth conditional caution is
implemented in accordance with the provisions of this procedure. A failure to do so
may mean any action taken is rendered unlawful causing damage to the reputation of
Essex Police and a denial of natural justice to the victim.
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PROCEDURE – Youth Caution and Conditional Caution
Number: F 0104
4.0
Date Published: 6 September 2013
Procedure
4.1
Criteria for Youth Caution and Youth Conditional Caution
A youth caution or conditional caution can only be applied where the following criteria
are met:
There is evidence that a child or young person has committed an offence;
The evidence is sufficient to give a realistic prospect of conviction if the young
person was to be prosecuted;
The young person provides a clear and reliable admission to all elements of the
offence and corroborated by some supporting fact;
It is not in the public interest for the offender to be prosecuted;
The young person has consented to the caution.
4.2
Decision Making Process
Where an officer considers that a caution or youth caution may be appropriate they
should complete form YC1 and refer the matter to an officer of at least the rank of
Sergeant who will ensure the following:
All the above criteria have been met;
They have assessed the circumstances of the offence and consider a caution or
conditional caution is suitable in accordance with the ACPO Youth Gravity Matrix;
Consider any previous offending history;
Consider the wishes of the victim.
Officers should remember that all indictable only offences must be referred to the CPS
to decide whether to charge or divert, as only the CPS can make this decision.
An initial youth caution for a young person with NO previous reprimands/warnings/
convictions can be authorised by the police. However, all subsequent youth cautions
or youth conditional cautions will be a joint decision making process with the local
Youth Offending Team.
Where there is any doubt, further advice and guidance should be sought from the duty
Inspector.
In considering any previous offending history the sergeant should be mindful of any
pattern or emerging pattern relating to their offending behaviour. Where there is a
clear pattern developing it would be more difficult to justify a further caution. Where a
period of time has elapsed since the last offence or the offence is of a differing type a
caution may still be an effective means of disposal.
The wishes of the victim should be taken into account but it is the Police/Youth
Offending Service who must make the final decision and record the rationale behind
it.
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PROCEDURE – Youth Caution and Conditional Caution
Number: F 0104
Date Published: 6 September 2013
In addition they must satisfy themselves that they have properly considered any risk
factors applicable to either a witness or the victim and that it is not in the public
interest to prosecute the offender.
The sergeant will then endorse the YC1with their recommendation. If they are
recommending a conditional caution, the YC1 should contain a brief outline of the
conditions recommended. The completed form should then be forwarded to the Youth
Offending Service responsible for the area where the offender resides.
The youth should then be released on bail pending a decision from the YOS.
4.2.1 Immediate Youth Caution
The sergeant may administer an immediate youth caution in circumstance where the
offender has no previous offending history and they consider the risk of re-offending is
low. The sergeant must then endorse the YC1 stating that an immediate caution was
given before forwarding to the YOT responsible for the area where the offender
resides.
4.3
Releasing the offender on Bail
The offender should be released on bail in accordance with E 0206 Procedure – PreCharge Police Bail.
The bail period should be no less than 20 working days for all offences except sexual
offences which will be 30 working days. The young person will be required to attend a
Restorative Justice Session during which the caution will be delivered. The Custody
Officer must ensure form YC2 is completed informing the offender of the time, date
and place the Restorative Justice Session will take place. This form should be served
on the offender and includes additional information concerning the assessment
process.
See Appendix A for YOS contact details.
4.4
Multiple Offences
More than one offence can be included in a caution or conditional caution. If more
than one offence arises out of the same incident, the gravity factors should be applied
to the most serious offence and the circumstances of the other offences considered as
they may aggravate or mitigate the gravity factors.
Where multiple offences arise from separate incidents, then the cumulative effect of
the offences must be considered before making the final decision.
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PROCEDURE – Youth Caution and Conditional Caution
Number: F 0104
4.5
Date Published: 6 September 2013
Over 18 at the Time of Delivery of a Caution or Conditional Caution
Young people who were 17 when the offence was committed but turn 18 at the time of
delivery, and who are eligible for a caution, should be given an adult simple caution or
an adult conditional caution provided they consent to this. This should be
administered in accordance with F 0102 Procedure – Simple Cautions.
4.6
Youth Offending Service Responsibilities
Upon notification that an individual has been bailed for an assessment of the suitability
for a caution or conditional caution, the YOS will allocate a case manager to undertake
an assessment into the circumstances. This will be completed using the YOS
assessment framework, ASSET, which will assist the case manager in deciding:
Suitability for disposal of caution or conditional caution;
Whether any intervention is required;
Appropriate conditions (voluntary or compulsory);
The need for risk assessments concerning serious harm or vulnerability.
This should be completed by the YOS within 10 working days but may be longer if the
case is more complex or the matter relates to a sexual offence. The YOS will then
confirm suitability for the caution and arrange to attend the restorative justice panel.
The YOS will try to contact the victim to seek their views and encourage them to
attend the panel if they wish to be part of a restorative process. In preparation for the
restorative justice panel and if a conditional caution is recommended, the YOS police
officer will complete form MG14 on behalf of the OIC.
4.7
Appropriate Adult
For offenders under 17 years of age, it is a legal requirement for the caution or
conditional caution to be given in the presence of an appropriate adult who must,
unless exceptional circumstances prevail, be a parent, guardian or suitable family
member. Whilst the legal requirement does not extend to offenders over the age of 17
years it is considered good practice to encourage parents or guardians to be present
during the delivery of the caution.
The appropriate adult must be provided with copies of any written information given to
the young person.
Where a YOS member is present, their role is not that of an appropriate adult and can
never be a replacement for the young person’s parent or guardian.
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PROCEDURE – Youth Caution and Conditional Caution
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4.8
Date Published: 6 September 2013
Victims
There is a requirement for the police and the YOS to comply with the victim’s code.
Every effort should be made to take the views of the victims before the caution is
administered. They should be updated with the progress of the case and final
outcome.
In the case of an immediate caution the above responsibilities will fall to the police. In
relation to subsequent cautions and conditional cautions, the YOS will try to contact
the victim to both seek their views and, if possible, encourage them to attend the panel
to ensure that there is a restorative justice element to the panel.
4.9
Delivery of a Caution or Conditional Caution
A caution or conditional caution should only be restoratively administered by a police
officer trained in the delivery of cautions and conditional cautions.
Officers delivering youth cautions or youth conditional cautions should be in uniform
as outlined in the Youth Justice Board’s ‘Role of the YOT Police Officer’ Guidance.
Once the caution or conditional caution has been given, the offender, their parent,
guardian or appropriate adult will be requested to sign form YC3 or form MG14
formally accepting the caution and any conditions imposed.
A copy of the signed YC3 or form MG14 must be provided to the young person and
their appropriate adult.
4.10
Other Offence Criteria
4.10.1 Traffic Offences
Traffic offences likely to attract an endorsement to the young person’s driving licence
should not be dealt with by means of an out of court disposal, as there is no provision
to endorse a licence other than by a court, or appropriate fixed penalty notice. This
does not preclude all motoring offences and those such as allowing yourself to be
carried in a stolen vehicle, could be suitable for an out of court disposal with a safety
awareness intervention.
4.10.2 Antisocial Behaviour Order (ASBO)
Any breach of an ASBO should be dealt with in line with normal procedures for dealing
with young offenders. The police in consultation with the YOS should make an
assessment of the seriousness of the breach and the young person’s offending
history. If the breach is a first criminal offence then a caution may be appropriate.
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PROCEDURE – Youth Caution and Conditional Caution
Number: F 0104
Date Published: 6 September 2013
4.10.3 Young Persons involved in Prostitution
Any child or young person who becomes involved in prostitution should be treated as
a victim of crime rather than an offender. Only in exceptional circumstances when
support and interventions have failed to safeguard the child should consideration be
given to dealing with persistent prostitution by a child as an offender. If a conditional
caution was an appropriate out of court disposal, the conditions should reflect the
safeguarding needs of the child.
4.10.4 Possession of Knives and Offensive Weapons
Aggravated use of an offensive weapon or an article with a blade or point will not be
suitable for a youth caution and should be referred for charge. A young person aged
16 years or over who is in possession of an offensive weapon or an article with a
blade or point should also be referred for charge.
A young person under 16 years in possession of such articles may be suitable for a
conditional caution with an appropriate anti-knife crime education intervention
attached.
4.10.5 Sex Offenders
The Sexual Offences Act 2003 requires those cautioned for any schedule 3 offences
to notify police of their name and address and certain other details. This requirement
includes young people who have been cautioned or conditionally cautioned.
The police officer issuing the caution must explain to a young person and their parent,
guardian or appropriate adult, that on receiving a caution or conditional caution for
such an offence they will be subject to the requirements of the Sexual Offences Act
(“the register”).
Registration is required for a period of 12 months for those offenders under the age of
18. If the young person turns 18 before the caution is administered and therefore
receives an adult caution, the registration period is 2 years. Further guidance is
available from B 1410 Procedure – Management of Registered Sex Offenders.
4.10.6 Domestic Abuse
In cases of Domestic Abuse, where the police decide a youth caution or youth
conditional is an appropriate means of disposal, then, except for indictable only cases,
the case should not be referred to CPS for a decision. The disposal should be
authorised by the duty Inspector.
5.0
Monitoring and Review
This procedure will be monitored by or on behalf of the Head of Neighbourhood
Policing within 24 months of the date of publication.
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PROCEDURE – Youth Caution and Conditional Caution
Number: F 0104
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Date Published: 6 September 2013
Related Procedures
E 0206 Procedure – Pre-Charge Police Bail
B 1410 Procedure – Management of Registered Sex Offenders
F 0102 Procedure – Simple Cautions
7.0
Related Policies
None
8.0
Information Sources
None
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