Operational partnerships - Youth conditional caution SOP (O32d)

1. Summary of changes

1.1 This standard operating procedure (SOP) has been reviewed in April 2023 - no amendments to content have been 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 a youth conditional caution.

2.2. The youth conditional caution is a formal out of court disposal, with compulsory intervention and assessment attached. The sanction allows for an early response to deal with young people willing to admit their offending behaviour and to comply with conditions.

2.3. The youth conditional caution provides opportunities to:

• deliver a proportionate response to appropriate cases
• provide quick reparation for victims
• divert young offenders to rehabilitative services

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

Compliance with this SOP and any governing policy is mandatory.

3. Detail the procedure

When to consider a youth conditional caution:

3.1. Offence and evidential standard

3.1.1. When considering a youth conditional caution the officer must apply the Full Code Test (see DPP guidance) and be satisfied that there is sufficient evidence to provide a realistic prospect of conviction.

3.1.2. Where there are a number of related offences an out-of-court disposal can still be considered suitable. The OIC may decide to deal with the offences collectively, using one youth conditional caution. Before making this decision the OIC must consider whether the number of offences increase the gravity of the offending behaviour to a level where the public interest requires prosecution.

3.1.3. If the officer believes an out of court disposal is suitable, including a youth conditional caution they must submit a YJT referral form F85a to [email protected] and await a decision on the most appropriate outcome (this can included the youth conditional caution)

3.1.4. If an officer/youth justice team (YJT)/multi-agency is considering a youth conditional caution for an indictable offence this must be referred to a Youth Justice Team Supervisor for a decision, using the caution decision form and then to the Crown Prosecution Service (CPS) to agree or advise charge.

Note that all youth conditional cautions can only be given through the Youth Outcome clinics, having been assessed by the Youth Justice Team (YJT). YJT must agree any conditions prior to the youth conditional caution being given.

3.2. Public interest

3.2.1. It must be in the public interest to offer a youth conditional caution rather than prosecute, in accordance with the principles set out in the Code for Crown Prosecutors. The youth conditional caution should not be given where the court would likely award a significant community sentence or imprisonment, if charged.

3.3. Admission

3.3.1. The offender must admit to committing the offence. The admission must be recorded in a PACE compliant manner, including:

• record of interview
• record of admission in a pocket notebook (PNB)
• statement made by suspect whilst in police detention (under caution) and signed by the suspect (this could be recorded in the custody record)
• contemporaneous interview under caution

3.3.2. The officer must make it clear to the young person that an admission should never be made merely to receive a youth conditional caution.

3.4. Consent

3.4.1. The young person must consent to accept the youth conditional caution and the conditions attached prior to administering it. This will be carried out through the assessment by Youth Justice Team and recorded in the report to police from YOT/early health to the YJT.

3.5. Offender

3.5.1. The youth conditional caution can only be offered to those aged between 10 and 17 years at the time of the offence. If the offender turns 18 before the youth conditional caution is issued then an adult conditional caution should be used instead.

3.5.2. The YJT or multi-agency panel must also take into account the offender’s maturity and personal circumstances when considering if a youth conditional caution may be appropriate. This will be carried out through the YOT assessment and provided to the YJT or multi-agency panel in the report to police.

3.6. Offending history

3.6.1. If a young person has previous convictions, youth cautions or other disposals it does not prevent considering another youth conditional caution. The YJT or multi-agency officer should take into account whether the offence forms a pattern of offending behaviour.

3.6.2. The youth conditional caution may still be considered if:

• there has been sufficient lapse of time since their previous sanction the youth conditional caution may be a deterrent to further offending
• the current offence is not similar to a previous offence
• based on the circumstances of the case it is the best outcome for the victim and offender
• offender has previously complied with interventions

3.6.3. The youth conditional caution should not be considered if:

• the offence forms part of a pattern of offending
• where the offender failed to comply with the conditions of the previous youth conditional caution

3.7. Victim

3.7.1. The victim’s views should be sought and it should be explained that the outcome will be decided by the YJT or the multi-agency panel. The victim cannot insist the matter is disposed of in particular way.

3.7.2. The OIC should establish the nature and extent of any harm or loss and significance to victim’s circumstances. This should be included in the YJT referral form F85a which is submitted to the YJT through the [email protected]

3.7.3. The OIC/service provider must gain victim consent if direct reparation or a restorative conference is being considered. It is important that the OIC/service provider do not raise victim expectation. All conditions are agreed by the YOT, and discussed with the offender.

3.8. Implications

3.8.1. Before a youth conditional caution is given the administering officer must ensure that the young person has the opportunity to receive free and independent legal advice. An explanation of the effect of the youth conditional caution must be given in the presence of an appropriate adult if the young person is aged 17 or under.

3.8.2. The implications of a youth conditional caution must also be explained, including:

• the admission should never be made just to receive a youth conditional caution
• the consequences of making an admission to the offence and that the admission may be used in evidence in the event of a prosecution
• the conditional caution will form part of the young person’s criminal record and may need to be disclosed an employer
• the offence may be considered in determining whether an offender can work with children or vulnerable people
• a youth conditional caution given in relation to an offence in Schedule 3 to the Sexual Offences Act 2003 will require the young person to comply with the notification requirements
• the young person may decide at any stage to withdraw from the conditional caution whether it is before, during or after it has been given

3.9. Gravity Matrix

3.9.1. YJT or multi-agency panel should use the Gravity Matrix factors in their decision making process, to determine the seriousness of the offence and to decide whether or not a youth conditional caution is an appropriate means of disposal (see below). The final score must be recorded by the YJT officer on the investigation and the Athena NCD record. 

3.10. The conditions

3.10.1. When the youth conditional caution is being decided upon, the mechanics of monitoring compliance is managed by YOT. The monitoring process can include agreements with police to check on curfews, for example. All conditions should be SMART and proportionate to the offence. At least one condition must be attached but there is no limit to the actual number of conditions that can be given.

3.10.2. Conditions that can be considered for a youth conditional caution can be rehabilitative, reparative and/or punitive. The conditions are intended to address the young person’s behaviour and reduce the likelihood of re-offending. Punitive conditions should only be used where other options have been exhausted.

3.10.3. It is likely that a combination of conditions will be imposed and they will form part of a programme, provided by YOT and/or other partners. Restrictive elements, such as non-association, exclusion zones, prohibited activity and curfew can be considered, if they are proportionate to the offence.

3.10.4. The officer may make suggestions as to conditions that can be considered and enter details in the summary on the YOT referral form F85a but these should not be discussed with victim or offender as they must be agreed by YOT.

3.10.5. When speaking with the victim the officer must not raise any expectations, such as offering compensation as a condition as YOT may not agree these. The Youth Justice Team Officer will be responsible for agreeing and finalising conditions on behalf of Kent Police.

3.11. Time limits

3.11.1. If the offence is summary then conditions must be completed within 16 weeks from the date of the offence. Where it is an either way of indictable offence the conditions must be completed within 20 weeks.

3.11.2. Remember that all youth conditional cautions can only be given having been assessed by the YOT. YOT must agree any conditions prior to the youth conditional caution being given.

Administering the Youth Conditional Caution

3.12. The YJT or multi-agency panel confirm if a youth conditional caution is an appropriate disposal after considering the information provided on the YOT referral form and from partners.

3.13. The Youth Justice Supervisor will review the youth conditional caution decision whether to approve/reject it and detail their full rationale of their decision on the Athena decision form. The Youth Justice Team Supervisor will authorise the youth conditional caution and detail their full rationale on the YOT referral form. If it is an indictable offence the decision maker must be a Youth Justice Team supervisor and then referred to the CPS for advice, via an MG3.

3.14. The YJT officer will then copy the Athena decision form with rationale onto the Athena manage attachment page and update the OIC on the youth conditional caution.

3.15. All youth conditional cautions must be assessed by YOT before they can be given. The officer should:

• appointment to return the young person to return to custody (allowing a minimum of eight weeks)
• complete YJT referral form F085A, ensuring it is complete and accurate. (Officer can also include any proposed conditions in the summary box on the F085A for consideration)
• officer to retain the case file
• YJT will add the decision rationale form to the crime report manage attachments once the decision has been made by the YJT or multi-agency panel meeting

3.16. The YJT, on receipt of the YOT referral form, request the police report with considered conditions for YOT. YOT will discuss and agree conditions with the young person. The YJT will add the youth conditional caution onto Athena including adding the conditions.

3.17. Once this has been completed the YJT will ensure the OIC is updated and that the OIC must prepare the paperwork for the Youth Outcome Clinic and place in the locally agreed tray in readiness for the RJ clinic and the youth conditional caution to be administered. (They must then print the youth conditional caution and the YJT referral form (form F85a). YJT will confirm the date of the RJ clinic to the OIC.

Non compliance

3.18. Compliance will be monitored by YOT. Any concerns about or reports of non-compliance will be discussed between the YOT case worker and the YJT panel will monitor compliance on a four-weekly basis.

3.19. The YJT supervisor or the multi-agency panel will decide if they are satisfied that there is reasonable excuse for the young person’s failure to comply with the conditions and/or if the conditions have been substantially complied. They can:

• regard the youth conditional caution as complete
• decide it is not in the public interest to prosecute
• adjust the existing conditions, with YOT agreement and young person’s consent
• if the original conditions are revised by YOT; the YJT will update Athena and inform the OIC to update the victim (YJT or OIC)
• the YOT will report non-compliance to the multi-agency panel. If the multi-agency panel decides it is appropriate to prosecute, the YJT must update the crime report accordingly and inform the officer in the case to prepare the case file papers. The YJT supervisor will inform non-court disposal (NCD) team of the panel’s decision
• the OIC must submitted the file to the relevant case review to quality assure, who will in turn provide it to the relevant Victim Justice Unit to raise a summons

3.20. If the original conditions are revised then a new MG14 must be completed and the victim updated.

3.21. The Youth Justice Team Supervisor will report non-compliance and the findings of the review to the Non Court Disposal (NCD) team, who will in turn update Athena and where necessary update the OIC.

3.22. If the Youth Justice Team Supervisor decides it is appropriate to prosecute the officer must update the crime report accordingly and prepare the case file papers. The file must then be submitted to the relevant case review to quality assure, who will in turn provide it to the relevant Victim Justice Unit to raise a summons.

3.23. Note that that where CPS advice was sought when considering a youth conditional caution for an indictable offence, CPS advice must be sought to agree a prosecution.

4. Equality Impact Assessment (EIA)

4.1. An EIA has been carried out and shows the proposals in this policy 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. Consultation

• Investigation Management Unit
• Partnerships and Communities
• Finance
• Human Resources
• IT Security
• Health and Safety
• Legal
• Freedom of Information
• Estates
• Diversity and Equality Co-ordinator

7. Monitoring and review

7.1. Monitoring and review of SOP will be completed by the Victim Justice department. Regular reviews will be completed and as required in response to changes to legislation and/or national guidance.

7.2. This SOP will be reviewed every two years with the next review scheduled to take place in April 2025.

8. Other source documents

• Director of Public Prosecutions Guidance on Charging
• The Code for Crown Prosecutors
• Code of Practice for Youth Conditional Cautions

9. Security

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

10. Retention and disposal of records

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