Youth Offending Policy
- Statement of Policy
This guide provides advice for the police and youth offending services on the practical application of the out-of-court disposal framework for young people.
Out-of-court disposals aim to ensure outcomes are both proportionate to the crime committed and effective in reducing the risk of further offending.
The benefits of the out-of-court framework are:
- There are no restrictions on which disposal can be considered
- It encourages joint decision making between the police and youth offending teams (YOTs) to promote positive outcomes
- It provides safeguards against inappropriate disposals, including inappropriate repeat cautioning
- Some out-of-court disposals, such as Youth Conditional Cautions, enable reparation to be made to a victim and for offenders to be diverted into services that seek to address the cause of their offending behaviour.
Applies (but not limited) to: All categories of Dyfed Powys Police employees, whether full-time, part-time, permanent, fixed term, temporary (including agency staff, associates and contractors) or seconded staff. Any employee accessing and using Force assets and property must have due regard to the contents of this policy.
- Policy Scope
The principal aim of the youth justice system, established by section 37 of the Crime and Disorder Act 1998 is to prevent offending by children and young people. Out-of-court disposals aim to ensure outcomes are both proportionate to the crime committed and effective in reducing the risk of further offending.
To help police assess the seriousness of an offence, the Association of Chief Police Officers (ACPO) has devised a Youth Gravity Factor Matrix, under which all offences can be given a gravity score of between one (for the most minor offences) and four (for the most serious offences). Other factors either aggravating (e.g. the offence was motivated by the victim’s racial or ethnic origin) or mitigating (e.g. the offender was influenced by others more criminally sophisticated) may raise or lower the score for a particular offence. The Youth Gravity Factor Matrix must be used to assess whether a young person should be cautioned, conditionally cautioned, or charged for an offence. The matrix reflects the public interest principles in the CPS Code for Crown Prosecutors (2013)
Please refer to the Youth Offending Guidance document, which can be found on the CJD Homepage.
This policy is applicable to:-
- Operational Officers
- Police Supervisors
- Criminal Justice Department
- Crime Recording Bureau
- Youth Offending Service Seconded Officers
3. Powers and Policy/Legal Requirements
The information within this document should be read in conjunction with sections 135–138 of the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act 2012.
In addition to the LASPO Act, additional material will provide further reading and assistance if required. Current ACPO Youth Gravity Factor Matrix (2009), ACPO community resolution guidance, Guidelines on the Use of Community Resolutions (CR) Incorporating Restorative Justice (RJ) (ACPO, 2012) The Code of Practice for Victims of Crime (The Office for Criminal Justice Reform, 2005) The CPS Full Code Test, The Police and Criminal Evidence Act 1984 (amended 2012) Director of Public Prosecutions’ guidance on Youth Conditional Cautions (for original pilot sites), Director of Public Prosecutions’ guidance on restorative justice.
4. Options and Contingencies
Youth Caution and Conditional Cautions
The decision to authorise a Youth Caution or Youth Conditional Caution will be dependent on the severity of the offence. Indictable-only offences will be referred to the CPS, as the decision-making authority; first-time summary and either-way offences can be decided by a joint decision by police, following assessment by the YOT. Care must be taken to guard against inappropriate repeat cautioning, and a strong focus on public protection must be maintained.
Community Resolutions
Community resolution is a tool to enable the police to make decisions about how to deal more proportionately with low-level crime and is primarily aimed at first-time offenders where there has been an admission of guilt, and where the victim’s views have been taken into account. Community resolution enables police officers to use their professional judgement to assess an offence, taking into account the wishes of the victim and the offender’s history in order to reach an outcome which best meets the needs of the victim and of the public.
In relation to Youth Restorative Disposals, please refer to the Guidance document on the Criminal Justice Homepage.
Honesty and Integrity – not compromise or abuse position
Authority respect and courtesy – Use of powers and authority will be used lawfully and proportionately
Equality and diversity – Act with fairness and impartiality. Not to discriminate unlawfully or unfairly.
Confidentiality – Information is to be treated with respect and access or disclose it only in the proper course of my duties.
5. Take action and review
Scrutiny Panels are held on a quarterly basis and ensure that the police are held accountable for their use of out of court disposals as well as providing assurance that difficult decision to administer such disposals are justified. The findings of scrutiny panels offer an effective feedback mechanism to police for organisational learning and to individual officers for training or development needs as well as identifying examples of good practice.
CODE OF ETHICS CERTIFICATE OF COMPLIANCE
This policy has been drafted in accordance with the Code of Ethics and has been reviewed on the basis of its content and the supporting evidence and it is deemed compliant with that Code and the principles underpinning it.
HUMAN RIGHTS ACT CERTIFICATE OF COMPLIANCE
This policy has been drafted in accordance with the Human Rights Act and has been reviewed on the basis of its content and the supporting evidence and it is deemed compliant with that Act and the principles underpinning it.
EQUALITY IMPACT ASSESSMENT
Section 4 of the Equality Act 2010 sets out the protected characteristics that qualify for protection under the Act as follows: Age; Disability; Gender Reassignment; Marriage and Civil Partnership; Pregnancy and Maternity; Race; Religion or Belief; Sex; Sexual Orientation.
The public sector equality duty places a proactive legal requirement on public bodies to have regard, in the exercise of their functions, to the need to:
- eliminate discrimination, harassment, victimisation, and any other conduct that is unlawful under the Act;
- advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it;
- foster good relations between persons who share a relevant protected characteristic and persons who do not share it.
The equality duty applies to all protected characteristics with the exception of Marriage and Civil Partnership, to which only the duty to have regard to the need to eliminate discrimination applies.
Carrying out an equality impact assessment involves systematically assessing the likely or actual effects of policies on people in respect of all the protected characteristics set out above. An equality impact assessment should be carried out on any policy that is relevant to the public sector equality duty.
EQUALITY IMPACT ASSESSMENT COMPLETED: November 2023