Youth Caution and Youth Conditional Cautioning Procedure
North Yorkshire Criminal Justice Area is approved by the Director of Public Prosecutions to utilise Youth Cautions and Youth Conditional Cautions in appropriate cases. North Yorkshire Police (NYP) will implement the Caution & Conditional Cautioning scheme in accordance with the ‘Directors Guidance’.
Youth Cautions (YC) and Conditional Cautions (YCC) are a statutory disposal created by the Legal Aid, Sentencing and Punishment of Offenders Act 2012. The threshold is similar to that for which would previously have been used for reprimands and final warnings.
YC can be issued by the Police whenever there is sufficient evidence to charge a child or young person who admits an offence where prosecution would not be in the public interest.
YCC are a disposal intended to divert from court those lower level cases that would normally be in the public interest to prosecute, but where a Police Sergeant or a Crown Prosecutor feels that a more effective outcome could be achieved for the victim, offender or both by the imposition of conditions as part of a caution.
The Police and Youth Justice Teams (and the CPS where relevant) should work closely together for YC and YCC for the Out of Court Disposal system to be effective.
When considering a YC, second YC or YCC the child or young person must be assessed by the YJS and the case heard before the YOP (unless indictable offence). It will be necessary to grant police bail or RUI allow YJS to assess the case and recommend appropriate conditions. In all cases bail should be carefully considered in line with bail and RUI policy and procedure.
YC and YCC do not follow a system of escalation so should not be discounted if the young person has previous convictions or pre-court disposals.
Care must be taken to guard against ‘inappropriate repeat cautioning’ and a strong focus on public protection must be maintained.Last modified: April 19, 2021 [application/vnd.openxmlformats-officedocument.wordprocessingml.document]