Operational partnerships - Youth caution SOP (O32b)

1. Summary of changes

1.1 This standard operating procedure (SOP) was reviewed in April 2021 - no amendments to content were made. 

2. What this procedure is about

2.1 This standard operating procedure (SOP) is to give direction to staff as to the interpretation and application of the use of the youth caution.

2.2. A youth caution is a statutory disposal for offenders aged 10 to 17 years. It may be used for cases involving first time, low level offences where it is not in the public interest to prosecute.

2.3. The aims of the youth caution are:

• to deal quickly and effectively with less serious offences where the public interest is met
• to divert young offenders where appropriate from appearing in the criminal courts
• to reduce the likelihood of re-offending

Compliance with this SOP and any governing policy is mandatory.

3. Detail the procedure

3.1 To determine if a youth caution is appropriate, the following must be considered:

• is the offender 10 to 17 years old?
• is it for a low level offence?
• has the offender received a similar sanction in the last two years?
• has the suspect made a clear and reliable admission in a PACE compliant interview?
• is the youth caution likely to be effective in preventing re-offending?
• is the offence indictable only? (If yes, CPS decision and superintendent authority required)

If outcome steps outside of policy, authorisation to be given by Youth Justice Team Supervisor and endorsed by Crime Reduction Project Manager.

At the decision making stage the Youth Justice Team (YJT) and prosecutors will consider:

3.2. Offence
Based on the circumstances of the offence it must be in the public interest to offer a youth caution instead of prosecution.

• knife crime - if the offence is related to knife crime officers must follow the national NPCC agreement to interpret outcomes, as follows
  • first arrest of a youth, at any age for possession of offensive weapon, sharp pointed blade, with aggravating factors should result in a charge
  • first arrest of a youth under 16 years for simple possession of offensive weapon, sharp pointed blade, with no aggravating factors, should result in a youth conditional caution, with appropriate youth offending team (YOT) intervention
  • second arrest for youth under 16 for simple possession should result in charge (unless two years have passed and it is considered appropriate)
  • offence of threatening a person in public place or school, regardless of age, will result in charge

• prostitution - meets the Youth Justice Panel criteria. The YJT officer will submit the case to the multi-agency panel meeting. Young persons involved in prostitution are primarily victims of abuse and should be treated as victims as they are likely to be at risk of significant harm. They should, if possible, be diverted from prostitution and child protection orders invoked.

3.3. Offending history
Both national and local records must be checked to review the offending history. These checks will be carried out by the YJT Officer. The youth caution does not involve an escalatory approach.

3.4. Evidential standard
It must have sufficient evidence for a realistic prospect of conviction (capable of meeting the full code test).

3.5. Public interest
It must be in the public interest to offer a youth caution rather than prosecute.

3.6. Admission
The offender must admit to committing the offence. The admission must be recorded in a PACE compliant manner.

3.7.Victim
The victim should be consulted and their views sought but they cannot insist the matter is disposed of in particular way. YJT officers/OIC should be mindful that a youth caution removes the possibility of a criminal court awarding a Compensation Order in favour of the victim. The victim’s views must be accurately recorded on the crime report.

3.8. Consent
The offender does not need to explicitly consent to accepting a youth caution. However, they and their parent/guardian or appropriate adult should be provided with information about all possible outcomes for the offence (OIC to explain the new YJT process and the possible outcomes). They can then make a fully informed decision on whether to advise the offender to make any admission.

3.9. Offender
The offender must be 10 to 17 years old, understand the terms and consequences of accepting the caution and have not raised a defence to the offence.

3.10. Implications
Youth cautions form part of an offender’s criminal record and may be disclosed in future proceedings or to an employer. If the youth caution is administered for certain sexual offences this will result in the offender becoming a ‘relevant’ offender for the purposes of the notification and registration of the Sexual Offences Act, and the offender should be made aware of this fact. Sexual offences meeting the Youth Justice Panel criteria and will be discussed at the multi-agency panel meeting for a decision on the appropriate outcome.

3.11. The Gravity Matrix
YJT officer and the multi-agency panel should use the Gravity Matrix factor in their decision making process, to determine the seriousness of the offence and to decide whether or not a youth caution is an appropriate means of disposal (see below). YJT will record the final Gravity score;Youth Caution or Youth Conditional Caution will also record to final Gravity score crime report and the Athena non-crime disposal (NCD) record.

3.12 Administering a youth caution

3.12.1. The OIC should arrange an appointment to return the young offender to return after eight weeks to custody. The officer must complete the youth justice referral form and submit to [email protected] and await the decision on the outcome. YJT will inform the OIC and confirm if a youth caution is an appropriate disposal. The caution decision will be reviewed and authorised by Youth Justice Team Supervisor, Strategic Partnerships. The Youth Justice Supervisor must make an assessment based on the information provided on the YOT referral and information from partners as to whether to authorise/reject the youth caution and detail their full rationale of their decision on the YJT referral form. If it is an indictable offence the decision maker must be the rank of superintendent and then referred to the CPS for advice, via an MG3.

3.12.2 The Youth Justice Team Supervisor will inform the YJT officer of the authorisation for the youth caution. The YJT officer will then copy the rationale onto the Athena crime report manage attachments page.

3.12.3. After the caution has been approved the officer should complete the following:

• confirm the appointment for the youth caution to be given via the youth outcome clinic, unless there are exceptional circumstances. (For example, the young person resides outside of England and Wales or will turn 18 if there is any delay in the youth caution being administered)
• YJT officer to inform the OIC of the decision for a youth caution and Youth Outcome Clinic date
• OIC must prepare the paperwork in preparation for the Youth Outcome Clinic and place in the locally agreed tray in readiness for the Youth Outcome Clinic
• OIC to complete fingerprints, photographs and DNA samples are taken, subject to the Police and Criminal Evidence Act 1984
• the officer should explain to the young person, parent/guardian or appropriate adult that the outcome is a youth caution has been made by the Youth Justice team. They will be contacted by service providers
• the YJT officer will attach the youth justice team supervisor's rationale into the manage attachments of the crime report
• the YJT officer will upload the YJT referral form once completed onto Genesis; (once the decision has been made that a youth caution is appropriate and has been authorised)

3.12.4. The NCD team will then finalise the case on Athena, checking:

• the investigation has been updated
• completing the NCD section of the caution decision form
• the A/S has been complete and the sanction is showing on the Police National Computer (PNC)

Note that if the youth caution is dealt with out of custody the officer must request an A/S from the NCD team after the caution has been administered.

3.13. Restorative practice

3.13.1. Post outcome delivery. The YJT officer will inform the service provider when the youth caution is authorised.

3.13.2. The service provider will make contact with the victim to ascertain if they wish to take part in a restorative process. Custody sergeants and/or officer should ensure that the offender is aware that the service provider will be making contact with the offender to discuss restorative opportunities.

4. Equality Impact Assessment (EIA)

4.1. An EIA has been carried out and shows the proposals in this procedure would have no potential or actual differential impact on grounds of race, ethnicity, nationality, gender, transgender, disability, age, religion or belief or sexual orientation.

5. Risk assessment

5.1. This SOP has been assessed as medium risk.

6. Monitoring and review

6.1. Monitoring and review of SOP will be completed by the Victim Justice department. Regular reviews will be completed, considering recommendations from the force Out of Court Disposals Scrutiny Panel (held quarterly) and as required in response to changes to legislation and/or national guidance.  

6.2. This SOP will be reviewed every two years with the next review scheduled for April 2023.

7. Other source documents

None listed.

8. Security

8.1. Kent Police have measures in place to protect the security of your data in accordance with our Information Management policy.

9. Retention and disposal of records

9.1. Kent Police will hold data in accordance with our Records Review, Retention and Disposal policy.