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Youth Offending Team
Pre-Court Procedures
May 2004
The aims of the criminal justice system are
wide-ranging. The principle aims are to:
- Apprehend and provide appropriate sanctions against people
who have committed offences,
- Ensure that individuals who are guilty of offences are convicted,
and that people who are innocent of offences are acquitted
- Ensure that individuals who have committed offences do not
commit offences in the future,
- Deter people who might commit offences from becoming offenders,
and
- Ensure that members of the public and communities have confidence
in the criminal justice system to deal with individuals who commit
offences.
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If a young person is arrested for committing
an offence, the custody officer at the police station will assess
the gravity and seriousness of the offence - this assessment will
include whether the young person has committed any offences in the
past. On the basis of the custody officer's assessment there are four
ways in which the young person who has been arrested can be dealt
with:
- If it is the first time the young person has been arrested
and the offence is relatively less serious the decision may be
for an Inspector to issue a Reprimand.
If the young person commits any further offences following a Reprimand,
they may receive a Final Warning unless the gravity and seriousness
of the offence, or offences would normally result in a referral
to the Crown Prosecution Service for prosecution.
- If it the young person's first arrest but is a more serious
offence, the young person may receive a Final Warning from an
Inspector; before issuing a Final Warning, the custody officer
and Inspector must be satisfied that:
- There is sufficient evidence that a criminal offence
was committed
- The young person has admitted to the offence
- He/she has no previous convictions, and
- It would not be in the public interest to prosecute
the young person.
- If the young person commits any further offences following
a Final Warning this would normally result in a referral to the
Crown Prosecution Service for prosecution
- If the young person has previously committed offences, the
offence is serious or is one amongst a number of offences the
young person is likely to be referred to the Crown Prosecution
Service for prosecution, and
If the offence is sexually motivated or sex related, specially trained
officers of West Yorkshire Police and the Youth Offending Team will
interview the young person with their parent/guardian using an assessment
which will help them to decide what needs to happen to the young person.
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Reprimands and Final Warnings |
The
custody officer at the police station will notify the Youth Offending
Team within 24 hours of issuing a Reprimand or Final Warning.
A member of the Youth Offending Team will contact the parents of a
young person who has received a Final Warning within five working
days. The contact can be by telephone, letter or a visit to the young
person and family at their home.
The first contact by a member of the Team may be at the YOT Office
or the family's home the purpose is to make an appointment to talk
about the offence in more detail and assess the young person's reaction
to their offence and their final warning.
If the young person does not keep the appointment this will be noted
and a second appointment offered.
If the young person does not attend the second appointment :-
- A home visit will be made to discover the reason for non-attendance,
and both the young person and their parent will be in formed of
the consequences of non-compliance.
- If the young person continues not to comply with the requirements
of the final warning and cooperate with the Youth Offending Team
they will be Non-Complied. This means that a report will be sent
to the Inspector who issued the final warning, and a copy of the
report will be kept on file and presented to Magistrates if the
young person commits any further offences.
Following the appointment the young person will be expected to comply
with a short programme of work that will include:
- Raising their awareness about the dangers of offending and
their awareness about the feelings of the victims of crime, and
the impact of crime on the wider community.
- Attending a session which focuses on specific factors within
their offence (for example, the dangers of alcohol misuse)
- Making an apology to the victim by letter or in person, and
- Making reparation to the victim either directly or indirectly
and make sure that the offender takes responsibility for their
actions.
The aims of reparation are to:
- Restore the well being and feelings of safety to victims and
communities that have been affected by crime, and
- Prevent a young person committing further offences.
- Look at the consequences of reoffending
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| Further
information |
Please contact the Youth Offending Team on
01484 226263 or email: lynne.graham@kirklees.gov.uk.
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