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Approved: Name Date
Author: D Briscoe
Produced:
Review due:
Review approved: (For reviewed procedures only)
Date
1 year from publication date.
Name
Role CJ Change
Management
Date
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1. Introduction and Legislation …………………………………………………….....3
2. Scope and Guidance ………………………………………………………………5
3. Agencies involved in Youth Cautions ……………………………………………. 5
4. Decision Making ……………………………………………………………………..6
5. Knives and Offensive Weapons ……………………………………………………8
6. Appendices ………………………………………………………………………..…9
7. Compliance …………………………………………………………………………10
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1
1.1 Out-of-court disposals are not intended for serious, persistent or contested cases where the court will always be the right forum for deliberation and adjudication.
1.2 It is imperative that the seriousness of the offence and any previous criminal history of the offender is taken into account to determine whether an out-ofcourt disposal is an appropriate response.
1.3 This guidance provides advice for the police and youth offending teams on the operation of Youth Cautions.
1.4 Youth Cautions are introduced section 135 of the Legal Aid, Sentencing and
Punishment of Offenders Act 2012 (known as LASPO).
1.5 The 2012 Act abolishes Reprimands and Final Warnings that were together known as the ‘Final Warning Scheme’. Following commencement of the Act,
(Monday 8 th
April 2013) Reprimands and Final Warnings should no longer be issued to young offenders.
1.6 Youth Cautions are a formal out-of-court disposal that can be used as an alternative to prosecution for young offenders (aged 10 to 17 inclusive) in certain circumstances. A Youth Caution may be given for any offence where the young offender fully admits the offence, there is sufficient evidence for a realistic prospect of conviction, but it is not in the public interest to prosecute.
1.7 Youth Cautions aim to provide a proportionate and effective resolution to offending and support the principle statutory aim of the youth justice system of preventing offending by children and young people (as established by
Section 37 of the Crime and Disorder Act 1998).
1.8 Youth Cautions are intended to allow a more flexible response to offending than the preceding Final Warning Scheme. Youth Cautions and other out-ofcourt disposals such as ‘Youth Conditional Cautions’ do not have to be used in a set order and they are available if a young person has been previously convicted. Note :- Youth Cautions cannot be issued to over 18s, irrespective of age at time of the offence.
1.9 It must be noted that we have a Youth Offender Service (YOS) that covers our Eastern Basic Command Unit (BCU). We have a different YOS that covers both our Western and Northern BCUs. They have a slightly different process in place for Youth Cautions (but the same process in place for Youth
Conditional Cautions). Officers and staff are urged to refer to the Workflow for Youth Disposals from 8 th
April 2013 at Appendix A.
1.10 In the Eastern BCU only, the police may issue a first Youth Caution to a young offender, if that individual has not previously been given a Youth
Caution at any time (or Reprimand / Final Warning prior to 8/4/13).
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1.11 In Western and Northern BCUs, the local Youth Offender Team (YOT) will make an assessment of the young offender and consider putting in place an intervention programme aimed at preventing re-offending. The YOT may carry out an assessment and offer a rehabilitation programme for a youth who has never received a Youth Caution or a Youth Conditional Caution at their discretion. In the Eastern BCU, this process will apply to any second or subsequent Youth Caution (OR any Youth Conditional Caution).
1.12 The interventions attached to a Youth Caution are not conditional and there is no separate penalty for failing to comply with them, however, failing to comply with this intervention can be cited in any future criminal proceedings.
1.13 More than one offence can be included in a Youth Caution if, overall, this is deemed to be an appropriate and proportionate response.
1.14 Where multiple offences arise from the same incident, the most serious offence should be considered when determining the gravity of the offence.
The circumstances of the other offence(s) should be considered and may aggravate or mitigate the seriousness.
1.15 Where multiple offences arise from a number of separate incidents that have come to light at the same time (e.g. reported separately prior to arrest or further offences admitted during interview) the cumulative effect of the offences should be considered when making an overall decision.
1.16 For offences involving the possession of an offensive weapon, knife / bladed instrument of any sort, and the offender is 16 or 17 years of age, there will be an expectancy to charge. Cases involving youths under 16 years old on first arrest for simple possession of an offensive weapon or sharp pointed blade, with no aggravating factors, will result in an appropriate
Youth Offending Team intervention (consideration of a Youth Conditional
Caution). These offences MUST be referred to the local YOT in the first instance. (see also 5.1).
1.17 Rehabilitation of Offenders Act 1974 - A Youth Caution is not a conviction, but a formal criminal justice disposal. Youth Cautions are covered by the provisions of the
Rehabilitation of Offenders Act 1974. Youth Cautions are considered spent as soon as they are delivered. There is no requirement to disclose Youth Cautions except in respect of those circumstances excepted from the scheme (which are currently set out in the Rehabilitation of Offenders Act 1974 (Exceptions) Order, as amended).
1.18 Section 80(1)(d) of the Sexual Offences Act 2003 provides that those cautioned for an offence listed in Schedule 3 to the Act are subject to the notification requirements in that Act (see sections 80-91). This includes young offenders who have been given a Youth Caution. Notification requirements include requirements to notify the police of various personal details, including date of birth, and address.
1.19 The police officer must explain to a young offender and their parent/guardian/appropriate adult that on receiving a Youth Caution for such an offence they will be subject to the notification requirements of the Sexual Offences
Act 2003. Where the YOT has carried out a prior assessment of a young person who has been reported for a sex offence, this is an opportunity for them to explain about the notification requirements to the young person and his or her parents.
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1.20 The notification period for a person who has received a Youth Caution is two years.
Index
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2.1 Section 66ZA (5) of the Crime and Disorder Act 1998 (as amended by
LASPO 2012) provides for the publication of guidance by the Secretary of
State.
2.2 This Force Procedure on Youth Cautions replaces all previous Force
Procedures and guidance documents on the Final Warning Scheme.
2.3 This Force Procedure has been compiled from guidance issued by the
Ministry of Justice (MoJ) and the Youth Justice Board (YJB), endorsed by the
Association of Chief Police Officers (ACPO) and the Crown Prosecution
Service (CPS).
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3.1 The police have the ultimate responsibility for making decisions on the suitability of Youth Cautions, but can ask the YOT to carry out a prior assessment of the young offender as part of the process. Note – In the
Northern and Western BCUs, this will happen automatically. See Workflow for Youth Disposals from 8 th
April 2013 at Appendix A.
3.2 The police and the YOTs will work closely together for Youth Cautions to be fully effective. The YOT is responsible for ensuring that effective assessments and any voluntary interventions are delivered in support of
Youth Cautions. As set out above in paragraph 1.11, the YOT is required to carry out an assessment of the young person if the police have given a second or subsequent Youth Caution (Note – Eastern BCU only) See
Appendix A.
Every young person who receives a Youth Caution must be referred to the YOT as soon as practicable. The YOT Management Board should monitor the effectiveness of Youth Cautions locally and agree the local protocol between the YOT and the police on Youth Caution arrangements.
See Workflow for Youth Disposals from 8 th
April 2013 at Appendix A.
3.3 The administration / delivery of a Youth Caution must be carried out by an officer of Sergeant rank or above . This process will be recorded in the officer’s Pocket Note Book. There must be a clear distinction between the investigation of the offence, the care and treatment of persons in custody and
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Not Protectively Marked the quasi-judicial function of a Youth Caution. Therefore, a Youth Caution must not be given by any police officer involved in the investigation of the offence.
3.4 The administering officer (Sergeant or above) will be responsible for completing the new Youth Caution form – form 200550 – Appendix B and it will be signed by the youth offender, his/her parent / guardian (where the offender is under 17 years of age) and the administering officer.
3.5 Where there is doubt about whether a prosecution should be brought, it may be useful to seek the advice of the Crown Prosecution Service at an early stage. As well as advising on points of law and the evidence available, they may be able to assist with the public interest test.
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Index
4.1 In dealing with any offence committed by a young person the police have a range of options:
•
No further action
•
Community Resolution (Local Outcome)
•
Restorative Justice
•
Youth Caution
•
Youth Conditional Caution
•
Charge / summons / postal requisition to court
4.2 Before a Youth Caution can be administered, the following criteria must be met (s66ZA(1) of the 1998 Act):
(a) The Sergeant decides that there is sufficient evidence to charge the young person with an offence;
(b) The young person admits to the police that they committed the offence, and
(c) The Sergeant does not consider that the young person should be prosecuted or given a youth conditional caution in respect of the offence.
4.3 The administration of a Youth Caution for a notifiable offence is treated as a sanction detection and an offence brought to justice. The accurate recording of these disposals contributes to improved public confidence in the criminal justice system and also contributes towards reducing the likelihood of reoffending. It is imperative that the Phoenix Source Document is completed accurately and promptly, showing the details of disposal so that the PNC can be duly updated.
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4.3.1 They must be made in accordance with the Director of Public Prosecution’s guidance on charging (The Director’s Guidance). Early advice from the
Crown Prosecution Service can also be sought, at any point in an investigation.
4.3.2 The Youth Caution may only be administered if there is enough evidence of the required standard, i.e. such that a jury or magistrates directed by the law would be more likely than not to convict the alleged offender.
4.4 Gravity Scores
4.4.1 The youth offender case disposal gravity factor system was originally drawn up by the Association of Chief Police Officers in consultation with the Crown
Prosecution Service, the Home Office, the Youth Justice Board and officials of the Joint Youth Justice Unit (reporting to the Ministry of Justice and the
Department for Children, Schools and Families). ACPO Youth Offender
Gravity Scores - See Appendix C.
4.5 Victims
4.5.1 It is important to consider the impact of the offence on the victim. Wherever possible, the victim should be contacted before a decision is made, to establish their view about the offence, the nature and extent of any harm or loss and its significance relative to the victim’s circumstances. The victim’s view about the offence may have a bearing on how serious the offence is judged to be, but cannot be regarded as conclusive.
4.6 Offending History
4.6.1 There is evidence that many of the previous ‘Reprimands’ and ‘Final
Warnings’ have been given in error because the police and / or Youth
Offending Team were not aware of the offending history at the crucial time, and also when pre-court disposals are administered by non-Home Office police and / or non-police prosecuting agencies. The police officer administering the new Youth Caution should always check the Police
National Computer and local records as well as consultation with the relevant police force area and the appropriate Youth Offending Team. Out-of-Court
Disposals given in error are a nullity and as a result are not admissible in criminal proceedings and cannot subsequently be used as part of the decision making process if the young person re-offends. Similarly, evidence of failure to take steps, such as attend a rehabilitation course following an
Out-of-Court youth disposal given in error is also not admissible.
4.6.2 It is most important that the appropriate offence is determined according to the evidence, and that this is done before any consideration of the gravity factors. Equally, if having applied all the criteria, the police decision maker is considering a caution (or youth conditional caution), care must be taken to ensure the offender stands reported or bailed for the appropriate offence and that there is no up-grading or down-grading simply to circumvent the criteria.
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4.6.3 Having decided the appropriate offence, the gravity score can only be upgraded or down-graded by one point irrespective of the number of factors present. However, the mere presence of a (+) or (-) factor does not always mean an offence gravity score will be changed. It signifies a specific issue that must be considered by a decision maker, together with all the other matters and, if significant, can change the decision that would otherwise have been made. As a result, it could be the deciding factor for a particular decision or have no bearing on the decision. The presence of both aggravating and mitigating factors may balance each other and result in no change to the original gravity score. It is important for decision makers to ensure that both the ‘offence specific gravity factors’ and the ‘general factors for all offences’ are considered for each offence for which a decision is made.
This will ensure that the seriousness of the offence, the particular circumstances of it, and the offender’s current and previous behaviour are all considered. In every case the consideration given to aggravating and mitigating factors must be noted within the decision recorded.
.
4.7
Hate Crimes
4.7.
1 Hate crime involves any criminal offence which is perceived, by the victim or any other person, to be motivated by hostility or prejudice based on a personal characteristic. The definition covers five main strands, in particular - disability, gender-identity, race, religion or faith and sexual orientation.
4.7.2
Legislation has been in place for a number of years to protect victims from such hate crimes, including offences for those who intend to stir up racial hatred, and those who commit racially and religiously aggravated offences or engage in racist chanting at football matches. New criminal offences have also been introduced in recent years to reflect the seriousness of hate crime, including enhanced sentencing.
4.7.3 The offences are not included specifically in the matrix because the process of determining the gravity of the offence itself requires that where the victim’s race, religion, sexual orientation, disability or gender identity is a motivation, consideration must be given to raising the gravity score of the offence. For example, an offence of racially aggravated ABH (Section 47
OAP Act 1861), ABH attracts a gravity score of 3 in the matrix. Where the offence is racially aggravated ABH consideration must be given raising this to 4.
5
5.1
The Cheshire Constabulary will follow a national agreement to interpret Knife-
Crime offences as follows:
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•
The first arrest of a youth of any age for possession of an Offensive Weapon or
Sharp Pointed blade, with aggravating factors, will result in the first instance with a charge.
•
The first arrest of a youth under 16 for simple possession of an Offensive
Weapon or Sharp Pointed Blade, with no aggravating factors, will result in the first instance with a youth conditional caution. This must be supported by an appropriate YOT intervention, preferably with elements focussed on anti-knife crime education. A youth aged 16 or over will normally be charged.
•
The second arrest of a youth under 16 for simple possession of an Offensive
Weapon or Sharp Pointed Blade will result in a charge (unless, in exceptional circumstances, 2 years have passed and it is considered appropriate to give another youth conditional caution).
•
The new offence of threatening a person in public or on school premises will result in a youth aged 16 or over going straight to charge, as this offence carries a minimum sentence of a 4 months detention and training order and therefore should not be dealt with using an out of court disposal. (see also 1.16)
H:\Youth OOC
Disposals chart 07 05 13 B FINAL.doc
H:\Youth Caution
FINAL FORM PAPER.doc
H:\ACPO Youth
Gravity Matrix new format.doc
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7
I confirm that this document has been drafted to comply with the principles of the
Human Rights Act and Equal Opportunity legislation as per force guidance.
In addition, Data Protection, Freedom of Information, the National Quality of Service
Commitment and Health and Safety issues have been considered.
Adherence to this policy or procedure will therefore ensure compliance with all relevant legislation, internal policies and the Force values.
I agree that this document is appropriate for disclosure to the public.
Date: …15/5/2013 ……………………. Signed: ……D. Briscoe…….
(author)
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Potential
Impact
X Does the procedure involve any of the following?
(tick as appropriate)
If any of the boxes below are ticked the impact is high and the Equality and Diversity
Impact Assessment must be reviewed annually.
High - Exercise of statutory powers?
- Dealing with or providing services to the public?
- Recruitment & selection, transfer or redundancy processes?
- Training opportunities or career development schemes?
- Other processes for managing staff? (ie. discipline, pay, allocation of benefits, etc)
- Any other high risks not detailed?
If any of the boxes below are ticked the impact is medium and the Equality and Diversity
Impact Assessment must be reviewed every 2 years.
Medium - Dealing with the public, but not involving the exercise of statutory powers?
- Providing services or facilities to staff? (ie. welfare, shower rooms, parking, intranet etc)
- Any other medium risks not detailed?
Low
If any of the boxes below are ticked the impact is low and the Equality and Diversity
Impact Assessment must be reviewed every 3 years.
- Administration processes?
- Any other low risks?
Consider the community as a whole and each of the protected characteristics: Age
(includes all ages), Disability, Sex, Pregnancy and maternity, Race, Religion or belief,
Gender reassignment and Sexual orientation, when answering the below:
1.Does this activity present an opportunity for improving equality outcomes for any of the protected characteristics?
If so, how?
Yes. The process and procedure is completely unbiased.
By showing the processes applied to assess cases on an individual basis with set criteria the police will provide a professional and appropriate level of response. The procedure should foster good relations by evidencing that it has in place an effective, transparent and fairly applied procedure.
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2. Is there public/political concern in relation to any of the protected characteristics, attached to this activity?
If so, what are those concerns?
Yes. It is documented over a significant period of time that there are concerns that the police are not always even-handed. By having an effective, transparent and fairly applied procedure, which has clear direction and guidance, shows consideration has been given to this issue. By having this in place and monitoring outcomes the Constabulary is giving a positive message which will raise public confidence in the police and improve relations with minority groups, whilst tackling fairly any political concerns around disproportionate processes.
Guidance from the Ministry of Justice 3. What other sources of information have been used in the development of this procedure i.e. HMIC Inspection
Reports, Home Office Circulars?
4. Does the procedure relate to the use of a statutory power? If so, under what circumstance could discrimination be acceptable?
5. What data collection process exists for this procedure?
How is the data monitored to ensure that the impact is not discriminatory or disproportionate? e.g. Use of community intelligence.
If reviewing the procedure what are the results of the monitoring?
6. What evidence is there that actions to address any negative effects in one area may affect other areas of equality?
Legal Aid, Sentencing and Punishment of
Offenders Act 2012 (LASPO) – Crime and
Disorder Act 1998
Area Youth Offender Teams collate and monitor information around the ethnicity of the offender for the Youth Justice Board (YJB).
Diversity Monitoring Review Group.
Data is inputted onto Niche. The information is reviewed on a quarterly basis at the Diversity monitoring Review Group, which is chaired by an ACC. This is to ensure the effectiveness of the Force procedure.
None
7. When the Race and Diversity impact assessment has included consultation, who was consulted?
(Include a summary of the key points)
8. Has the procedure been altered following the consultation?
(Include a summary of the key changes)
9. Has feedback been given to the groups involved in the consultation?
Date Impact Assessment completed:
It will be subject to internal consultation.
N/A
N/A
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