Draft Code of Practice for Youth Conditional Cautions

Closed 1 Nov 2012

Opened 4 Oct 2012

Results Updated 9 Jan 2013

This document is the post-consultation report for the consultation paper, Draft Code of Practice for Youth Conditional Cautions, and the Revised Draft Code of Practice.

Youth conditional cautions were introduced by the Criminal Justice and Immigration Act 2008, Section 48, which inserted Section 66G into the Crime and Disorder Act 1998.The Code of Practice makes provision for conditional cautions as a means of dealing with young offenders (aged 10-17) in certain circumstances as an alternative to prosecution. It was revised to reflect the changes to conditional cautions made by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and to set out in clearer language certain elements of the existing Code of Practice.

The consultation paper invited views from interested parties on the draft Code of Practice for Youth Conditional Cautions. Several changes have been made to the Code as a result of the consultation process. It will now be laid before Parliament, where once agreed it will come into force by Order.

In addition to the Code of Practice, operational guidance issued by the Director of Public Prosecutions supports the use of conditional cautions. This guidance relates to the current scheme and will be revised to support the new Code of Practice.

The Director's Guidance on Youth Conditional Cautions can be found at www.cps.gov.uk/publications/directors_guidance/youth_conditional_cautions.html

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Overview

This consultation paper invites views from interested parties on the draft Code of Practice for Youth Conditional Cautions under Section 48 of the Criminal Justice and Immigration Act 2008 (that amends the Crime and Disorder Act 1998).Currently youth conditional cautions are only available for 16 and 17 year olds in five pilot areas.

The Code of Practice makes provision for youth conditional cautions as a means of dealing with young offenders in certain circumstances as an alternative to prosecution. It has been revised to reflect the changes to youth conditional cautions made by the Legal Aid, Sentencing and Punishment of Offenders Act 2012. It also sets out in clearer language certain elements of the existing Code of Practice and changes to allow youth conditional cautions to be available for all 10 to 17 year old offenders

The consultation opens on the 4 October 2012 and closes on the 1 November 2012.

In addition to the Code of Practice, operational guidance issued by the Director of Public Prosecutions supports the use of conditional cautions. This guidance relates to the current scheme and will be revised to support the new Code of Practice." The current Director's Guidance on Youth Conditional Cautions can be found here but will be updated before the new Code is brought into effect: http://www.cps.gov.uk/publications/directors_guidance/youth_conditional_cautioning.pdf

A consultation is also taking place concurrently on the Code of Practice for adult Conditional Cautions.

Audiences

  • Voluntary organisations
  • Local authorities
  • Youth workers
  • Young people
  • Charities
  • Voluntary organisations
  • Young offender institute staff
  • Police
  • Prosecutors
  • Offenders
  • Victims
  • Youth Offending Team workers

Interests

  • Youth Justice