51A Sending cases to the Crown Court: children and young persons
(1) This section is subject to sections 24A and 24B of the Magistrates' Courts Act 1980 (which provide for certain offences involving children or young persons to be tried summarily).
(2) Where a child or young person appears or is brought before a magistrates' court (“the court”) charged with an offence and any of the conditions mentioned in subsection (3) below is satisfied, the court shall send him forthwith to the Crown Court for trial for the offence.
(3) Those conditions are—
(a) that the offence falls within subsection (12) below;
(b) that the offence is such as is mentioned in section 249(1)(a) or (b) of the Sentencing Code (other than one mentioned in paragraph (d) below in relation to which it appears to the court as mentioned there) and the court considers that if he is found guilty of the offence it ought to be possible to sentence him in pursuance of section 251(2) of that Code;
(ba) that the offence is such as is mentioned in section 252A(1)(a) or (1A)(a) of the Sentencing Code and the court considers that if he is found guilty of the offence it ought to be possible to sentence him under that section to a term of detention of more than two years;
(c) that notice is given to the court under section 51B or 51C below in respect of the offence;
(d) that the offence is a specified offence (within the meaning given by section 306 of the Sentencing Code) and it appears to the court that if he is found guilty of the offence the criteria in section 255(1) of that Code for the imposition of an extended sentence of detention would be met.
(4) Where the court sends a child or young person for trial under subsection (2) above, it may at the same time send him to the Crown Court for trial for any indictable or summary offence with which he is charged and which—
(a) (if it is an indictable offence) appears to the court to be related to the offence mentioned in subsection (2) above; or
(b) (if it is a summary offence) appears to the court to be related to the offence mentioned in subsection (2) above or to the indictable offence, and which fulfils the requisite condition (as defined in subsection (9) below).
(5) Where a child or young person who has been sent for trial under subsection (2) above subsequently appears or is brought before a magistrates' court charged with an indictable or summary offence which—
(a) appears to the court to be related to the offence mentioned in subsection (2) above; and
(b) (in the case of a summary offence) fulfils the requisite condition,
the court may send him forthwith to the Crown Court for trial for the indictable or summary offence.
(6) Where—
(a) the court sends a child or young person (“C”) for trial under subsection (2) or (4) above; and
(b) an adult appears or is brought before the court on the same or a subsequent occasion charged jointly with C with an either-way offence for which C is sent for trial under subsection (2) or (4) above, or an either-way offence which appears to the court to be related to that offence,
the court shall where it is the same occasion, and may where it is a subsequent occasion, send the adult forthwith to the Crown Court for trial for the either-way offence.
(7) Where the court sends an adult for trial under subsection (6) above, it shall at the same time send him to the Crown Court for trial for any either-way or summary offence with which he is charged and which—
(a) (if it is an either-way offence) appears to the court to be related to the offence for which he was sent for trial; and
(b) (if it is a summary offence) appears to the court to be related to the offence for which he was sent for trial or to the either-way offence, and which fulfils the requisite condition.
(8) The trial of the information charging any summary offence for which a person is sent for trial under this section shall be treated as if the court had adjourned it under section 10 of the 1980 Act and had not fixed the time and place for its resumption.
(9) A summary offence fulfils the requisite condition if it is punishable with imprisonment or involves obligatory or discretionary disqualification from driving.
(10) In the case of a child or young person charged with an offence—
(a) if the offence satisfies any of the conditions in subsection (3) above, the offence shall be dealt with under subsection (2) above and not under any other provision of this section or section 51 above;
(b) subject to paragraph (a) above, if the offence is one in respect of which the requirements of subsection (7) of section 51 above for sending the child or young person to the Crown Court are satisfied, the offence shall be dealt with under that subsection and not under any other provision of this section or section 51 above.
(11) The functions of a magistrates' court under this section, and its related functions under section 51D below, may be discharged by a single justice.
(12) An offence falls within this subsection if—
(a) it is an offence of homicide;. . .
(b) each of the requirements of section 311(1) of the Sentencing Code would be satisfied with respect to—
(i) the offence; and
(ii) the person charged with it,
if he were convicted of the offence; or
(c) section 29(3) of Violent Crime Reduction Act 2006 (minimum sentences in certain cases of using someone to mind a weapon) would apply if he were convicted of the offence.
(1) A notice may be given by a designated authority under this section in respect of an indictable offence if the authority is of the opinion that the evidence of the offence charged—
(a) is sufficient for the person charged to be put on trial for the offence; and
(b) reveals a case of fraud of such seriousness or complexity that it is appropriate that the management of the case should without delay be taken over by the Crown Court.
(2) That opinion must be certified by the designated authority in the notice.
(3) The notice must also specify the proposed place of trial, and in selecting that place the designated authority must have regard to the same matters as are specified in paragraphs (a) to (c) of section 51D(4) below.
(4) A notice under this section must be given to the magistrates' court at which the person charged appears or before which he is brought.
(5) Such a notice must be given to the magistrates' court before any summary trial begins.
(6) The effect of such a notice is that the functions of the magistrates' court cease in relation to the case, except—
(a) for the purposes of section 51D below;
(b) as provided by regulations under section 19 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012; and
(c) as provided by section 52 below.
(7) The functions of a designated authority under this section may be exercised by an officer of the authority acting on behalf of the authority.
(8) A decision to give a notice under this section shall not be subject to appeal or liable to be questioned in any court (whether a magistrates' court or not).
(9) In this section “designated authority” means—
(a) the Director of Public Prosecutions;
(b) the Director of the Serious Fraud Office;
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) the Secretary of State.
(1) A notice may be given by the Director of Public Prosecutions under this section in respect of an offence falling within subsection (3) below if he is of the opinion—
(a) that the evidence of the offence would be sufficient for the person charged to be put on trial for the offence;
(b) that a child would be called as a witness at the trial; and
(c) that, for the purpose of avoiding any prejudice to the welfare of the child, the case should be taken over and proceeded with without delay by the Crown Court.
(2) That opinion must be certified by the Director of Public Prosecutions in the notice.
(3) This subsection applies to an offence—
(a) which involves an assault on, or injury or a threat of injury to, a person;
(b) under section 1 of the Children and Young Persons Act 1933 (cruelty to persons under 16);
(c) under the Sexual Offences Act 1956, the Protection of Children Act 1978 or the Sexual Offences Act 2003;
(d) of kidnapping or false imprisonment, or an offence under section 1 or 2 of the Child Abduction Act 1984;
(da) under section 1 or 2 of the Modern Slavery Act 2015;
(db) under any of sections 136 to 138 and 148 to 150 of the Health and Care Act 2022 (virginity testing and hymenoplasty etc);
(e) which consists of attempting or conspiring to commit, or of aiding, abetting, counselling, procuring or inciting the commission of, an offence falling within any of paragraphs (a) to (db) above.
(4) Subsections (4), (5) and (6) of section 51B above apply for the purposes of this section as they apply for the purposes of that.
(5) The functions of the Director of Public Prosecutions under this section may be exercised by an officer acting on behalf of the Director.
(6) A decision to give a notice under this section shall not be subject to appeal or liable to be questioned in any court (whether a magistrates' court or not).
(7) In this section “child” means—
(a) a person who is under the age of 17; or
(b) any person of whom a video recording (as defined in section 63(1) of the Youth Justice and Criminal Evidence Act 1999) was made when he was under the age of 17 with a view to its admission as his evidence in chief in the trial referred to in subsection (1) above.
(1) The court shall specify in a notice—
(a) the offence or offences for which a person is sent for trial under section 51 or 51A above; and
(b) the place at which he is to be tried (which, if a notice has been given under section 51B above, must be the place specified in that notice).
(2) A copy of the notice shall be served on the accused and given to the Crown Court sitting at that place.
(3) In a case where a person is sent for trial under section 51 or 51A above for more than one offence, the court shall specify in that notice, for each offence—
(a) the subsection under which the person is so sent; and
(b) if applicable, the offence to which that offence appears to the court to be related.
(4) Where the court selects the place of trial for the purposes of subsection (1) above, it shall have regard to—
(a) the convenience of the defence, the prosecution and the witnesses;
(b) the desirability of expediting the trial; and
(c) any direction given by or on behalf of the Lord Chief Justice with the concurrence of the Lord Chancellor under section 75(1) of the Supreme Court Act 1981.
For the purposes of sections 50A to 51D above—
(a) “adult” means a person aged 18 or over, and references to an adult include a corporation;
(b) “either-way offence” means an offence triable either way;
(c) an either-way offence is related to an indictable offence if the charge for the either-way offence could be joined in the same indictment as the charge for the indictable offence;
(d) a summary offence is related to an indictable offence if it arises out of circumstances which are the same as or connected with those giving rise to the indictable offence.
(1) Subject to section 4 of the Bail Act 1976, section 41 of the 1980 Act , section 115(1) of the Coroners and Justice Act 2009, regulations under section 22 of the 1985 Act and section 25 of the 1994 Act, the court may send a person for trial under section 51 or 51A above—
(a) in custody, that is to say, by committing him to custody there to be safely kept until delivered in due course of law; or
(b) on bail in accordance with the Bail Act 1976, that is to say, by directing him to appear before the Crown Court for trial.
(2) Where—
(a) the person’s release on bail under subsection (1)(b) above is conditional on his providing one or more sureties; and
(b) in accordance with subsection (3) of section 8 of the Bail Act 1976, the court fixes the amount in which a surety is to be bound with a view to his entering into his recognisance subsequently in accordance with subsections (4) and (5) or (6) of that section,
the court shall in the meantime make an order such as is mentioned in subsection (1)(a) above.
(3) The court shall treat as an indictable offence for the purposes of section 51 or 51A above an offence which is mentioned in the first column of Schedule 2 to the 1980 Act (offences for which the value involved is relevant to the mode of trial) unless it is clear to the court, having regard to any representations made by the prosecutor or the accused, that the value involved does not exceed the relevant sum.
(4) In subsection (3) above “the value involved” and “the relevant sum” have the same meanings as in section 22 of the 1980 Act (certain offences triable either way to be tried summarily if value involved is small).
(5) A magistrates’ court may adjourn any proceedings under section 51 or 51A above, and if it does so shall remand the accused.
(6) Schedule 3 to this Act (which makes further provision in relation to persons sent to the Crown Court for trial under section 51 or 51A above) shall have effect.
(1) Except as provided by this section, it shall not be lawful—
(a) to publish in the United Kingdom a written report of any allocation or sending proceedings in England and Wales; or
(b) to include in a relevant programme for reception in the United Kingdom a report of any such proceedings,
if (in either case) the report contains any matter other than that permitted by this section.
(2) Subject to subsections (3) and (4) below, a magistrates' court may, with reference to any allocation or sending proceedings, order that subsection (1) above shall not apply to reports of those proceedings.
(3) Where there is only one accused and he objects to the making of an order under subsection (2) above, the court shall make the order if, and only if, it is satisfied, after considering the representations of the accused, that it is in the interests of justice to do so.
(4) Where in the case of two or more accused one of them objects to the making of an order under subsection (2) above, the court shall make the order if, and only if, it is satisfied, after considering the representations of the accused, that it is in the interests of justice to do so.
(5) An order under subsection (2) above shall not apply to reports of proceedings under subsection (3) or (4) above, but any decision of the court to make or not to make such an order may be contained in reports published or included in a relevant programme before the time authorised by subsection (6) below.
(6) It shall not be unlawful under this section to publish or include in a relevant programme a report of allocation or sending proceedings containing any matter other than that permitted by subsection (7) below—
(a) where, in relation to the accused (or all of them, if there are more than one), the magistrates' court is required to proceed as mentioned in section 20(7) of the 1980 Act, after the court is so required;
(b) where, in relation to the accused (or any of them, if there are more than one), the court proceeds other than as mentioned there, after conclusion of his trial or, as the case may be, the trial of the last to be tried.
(7) The following matters may be contained in a report of allocation or sending proceedings published or included in a relevant programme without an order under subsection (2) above before the time authorised by subsection (6) above—
(a) the identity of the court and the name of the justice or justices;
(b) the name, age, home address and occupation of the accused;
(c) in the case of an accused charged with an offence in respect of which notice has been given to the court under section 51B above, any relevant business information;
(d) the offence or offences, or a summary of them, with which the accused is or are charged;
(e) the names of counsel and solicitors engaged in the proceedings;
(f) where the proceedings are adjourned, the date and place to which they are adjourned;
(g) the arrangements as to bail;
(h) whether, for the purposes of the proceedings, representation was provided to the accused or any of the accused under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
(8) The addresses that may be published or included in a relevant programme under subsection (7) above are addresses—
(a) at any relevant time; and
(b) at the time of their publication or inclusion in a relevant programme.
(9) The following is relevant business information for the purposes of subsection (7) above—
(a) any address used by the accused for carrying on a business on his own account;
(b) the name of any business which he was carrying on on his own account at any relevant time;
(c) the name of any firm in which he was a partner at any relevant time or by which he was engaged at any such time;
(d) the address of any such firm;
(e) the name of any company of which he was a director at any relevant time or by which he was otherwise engaged at any such time;
(f) the address of the registered or principal office of any such company;
(g) any working address of the accused in his capacity as a person engaged by any such company;
and here “engaged” means engaged under a contract of service or a contract for services.
(10) Subsection (1) above shall be in addition to, and not in derogation from, the provisions of any other enactment with respect to the publication of reports of court proceedings.
(11) In this section—
“allocation or sending proceedings” means, in relation to an information charging an indictable offence—
any proceedings in the magistrates' court at which matters are considered under any of the following provisions—
sections 19 to 23 of the 1980 Act;
section 51, 51A or 52 above;
any proceedings in the magistrates' court before the court proceeds to consider any matter mentioned in paragraph (a) above; and
any proceedings in the magistrates' court at which an application under section 25(2) of the 1980 Act is considered;
“publish”, in relation to a report, means publish the report, either by itself or as part of a newspaper or periodical, for distribution to the public;
“relevant programme” means a programme included in a programme service (within the meaning of the Broadcasting Act 1990);
“relevant time” means a time when events giving rise to the charges to which the proceedings relate occurred.
(1) If a report is published or included in a relevant programme in contravention of section 52A above, each of the following persons is guilty of an offence—
(a) in the case of a publication of a written report as part of a newspaper or periodical, any proprietor, editor or publisher of the newspaper or periodical;
(b) in the case of a publication of a written report otherwise than as part of a newspaper or periodical, the person who publishes it;
(c) in the case of the inclusion of a report in a relevant programme, any body corporate which is engaged in providing the service in which the programme is included and any person having functions in relation to the programme corresponding to those of the editor of a newspaper.
(2) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(3) Proceedings for an offence under this section shall not, in England and Wales, be instituted otherwise than by or with the consent of the Attorney General.
(4) Proceedings for an offence under this section shall not, in Northern Ireland, be instituted otherwise than by or with the consent of the Attorney General for Northern Ireland.
(5) Subsection (11) of section 52A above applies for the purposes of this section as it applies for the purposes of that section.
53 Crown Prosecution Service: powers of non-legal staff.
For section 7A of the 1985 Act there shall be substituted the following section—
Powers of non-legal staff.
7A (1) The Director may designate, for the purposes of this section, members of the staff of the Crown Prosecution Service who are not Crown Prosecutors.
(2) Subject to such exceptions (if any) as may be specified in the designation, a person so designated shall have such of the following as may be so specified, namely—
(a) the powers and rights of audience of a Crown Prosecutor in relation to—
(i) applications for, or relating to, bail in criminal proceedings;
(ii) the conduct of criminal proceedings in magistrates’ courts other than trials;
(b) the powers of such a Prosecutor in relation to the conduct of criminal proceedings not falling within paragraph (a)(ii) above.
(3) A person so designated shall exercise any such powers subject to instructions given to him by the Director.
(4) Any such instructions may be given so as to apply generally.
(5) For the purposes of this section—
(a) “bail in criminal proceedings” has the same meaning as it would have in the Bail Act 1976 by virtue of the definition in section 1 of that Act if in that section “offence” did not include an offence to which subsection (6) below applies;
(b) “criminal proceedings” does not include proceedings for an offence to which subsection (6) below applies; and
(c) a trial begins with the opening of the prosecution case after the entry of a plea of not guilty and ends with the conviction or acquittal of the accused.
(6) This subsection applies to an offence if it is triable only on indictment, or is an offence—
(a) for which the accused has elected to be tried by a jury;
(b) which a magistrates’ court has decided is more suitable to be so tried; or
(c) in respect of which a notice of transfer has been given under section 4 of the Criminal Justice Act 1987 or section 53 of the Criminal Justice Act 1991.
(7) Details of the following for any year, namely—
(a) the criteria applied by the Director in determining whether to designate persons under this section;
(b) the training undergone by persons so designated; and
(c) any general instructions given by the Director under subsection (4) above,
shall be set out in the Director’s report under section 9 of this Act for that year.
54 Bail: increased powers to require security or impose conditions.
(1) In subsection (5) of section 3 of the Bail Act 1976 (general provisions as to bail), the words “If it appears that he is unlikely to remain in Great Britain until the time appointed for him to surrender to custody” shall cease to have effect.
(2) In subsection (6) of that section, after paragraph (d) there shall be inserted the following paragraph—
(e) before the time appointed for him to surrender to custody, he attends an interview with an authorised advocate or authorised litigator, as defined by section 119(1) of the Courts and Legal Services Act 1990;
.
(3) In subsection (2) of section 3A of that Act (conditions of bail in the case of police bail), for the words “paragraph (d)” there shall be substituted the words “ paragraph (d) or (e) ”.
For subsections (1) and (2) of section 120 of the 1980 Act (forfeiture of recognizances) there shall be substituted the following subsections—
(1) This section applies where—
(a) a recognizance to keep the peace or to be of good behaviour has been entered into before a magistrates’ court; or
(b) any recognizance is conditioned for the appearance of a person before a magistrates’ court, or for his doing any other thing connected with a proceeding before a magistrates’ court.
(1A) If, in the case of a recognizance which is conditioned for the appearance of an accused before a magistrates’ court, the accused fails to appear in accordance with the condition, the court shall—
(a) declare the recognizance to be forfeited;
(b) issue a summons directed to each person bound by the recognizance as surety, requiring him to appear before the court on a date specified in the summons to show cause why he should not be adjudged to pay the sum in which he is bound;
and on that date the court may proceed in the absence of any surety if it is satisfied that he has been served with the summons.
(2) If, in any other case falling within subsection (1) above, the recognizance appears to the magistrates’ court to be forfeited, the court may—
(a) declare the recognizance to be forfeited; and
(b) adjudge each person bound by it, whether as principal or surety, to pay the sum in which he is bound;
but in a case falling within subsection (1)(a) above, the court shall not declare the recognizance to be forfeited except by order made on complaint.
56 Bail: restrictions in certain cases of homicide or rape.
In subsection (1) of section 25 of the 1994 Act (no bail for defendants charged with or convicted of homicide or rape after previous conviction of such offences), for the words “shall not be granted bail in those proceedings” there shall be substituted the words “ shall be granted bail in those proceedings only if the court or, as the case may be, the constable considering the grant of bail is satisfied that there are exceptional circumstances which justify it ”.
(1) A constable may give a child or young person (“Y”) a caution under this section (a “youth caution”) if—
(a) the constable decides that there is sufficient evidence to charge Y with an offence,
(b) Y admits to the constable that Y committed the offence, and
(c) the constable does not consider that Y should be prosecuted or given a youth conditional caution in respect of the offence.
(2) A youth caution ... must be given in the presence of an appropriate adult.
(3) If a constable gives a youth caution to a person, the constable must explain the matters referred to in subsection (4) in ordinary language to—
(a) that person, and
(b) ... the appropriate adult.
(4) Those matters are—
(a) the effect of subsections (1) to (3) and (5) to (7) of section 66ZB, and
(b) any guidance issued under subsection (4) of that section.
(5) The Secretary of State must publish, in such manner as the Secretary of State considers appropriate, guidance as to—
(a) the circumstances in which it is appropriate to give youth cautions,
(b) the places where youth cautions may be given,
(c) the category of constable by whom youth cautions may be given, and
(d) the form which youth cautions are to take and the manner in which they are to be given and recorded.
(6) No caution other than a youth caution or a youth conditional caution may be given to a child or young person.
(7) In this Chapter “appropriate adult”, in relation to a child or young person, means—
(a) a parent or guardian of the child or young person,
(b) if the child or young person is in the care of a local authority or voluntary organisation, a person representing that authority or organisation,
(c) a social worker of a local authority, or
(d) if no person falling within paragraph (a), (b) or (c) is available, any responsible person aged 18 or over who is not a police officer or a person employed for, or engaged on, police purposes; and “police purposes” has the meaning given by section 101(2) of the Police Act 1996 .
(1) If a constable gives a youth caution to a person, the constable must as soon as practicable refer the person to a youth offending team.
(2) Subject to subsection (3), on a referral of a person under subsection (1), the youth offending team—
(a) must assess the person, and
(b) unless they consider it inappropriate to do so, must arrange for the person to participate in a rehabilitation programme.
(3) If the person has not previously been referred under subsection (1) and has not previously been given a youth conditional caution, the youth offending team—
(a) may assess the person, and
(b) may arrange for the person to participate in a rehabilitation programme.
(4) The Secretary of State must publish, in such manner as the Secretary of State considers appropriate, guidance as to—
(a) what should be included in a rehabilitation programme arranged for a person under subsection (2) or (3),
(b) the manner in which any failure by a person to participate in a programme is to be recorded, and
(c) the persons to whom any such failure must be notified.
(5) Subsection (6) applies if—
(a) a person who has received two or more youth cautions is convicted of an offence committed within two years beginning with the date of the last of those cautions, or
(b) a person who has received a youth conditional caution followed by a youth caution is convicted of an offence committed within two years beginning with the date of the youth caution.
(6) The court by or before which the person is convicted—
(a) must not make an order under section 80 of the Sentencing Code (conditional discharge) in respect of the offence unless it is of the opinion that there are exceptional circumstances relating to the offence or the person that justify it doing so, and
(b) where it does so, must state in open court that it is of that opinion and its reasons for that opinion.
(7) There may be cited in criminal proceedings—
(a) a youth caution given to a person, and
(b) a report on a failure by a person to participate in a rehabilitation programme arranged for the person under subsection (2) or (3),
in the same circumstances as a conviction of the person may be cited.
(8) In this section “rehabilitation programme” means a programme with the purpose of rehabilitating participants and preventing them from re-offending.
(1) An authorised person may give a youth conditional caution to a child or young person (“the offender”) if—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) each of the five requirements in section 66B is satisfied.
(2) In this Chapter, “youth conditional caution” means a caution which is given in respect of an offence committed by the offender and which has conditions attached to it with which the offender must comply.
(3) The conditions which may be attached to such a caution are those which have one or more of the following objects—
(a) facilitating the rehabilitation of the offender;
(b) ensuring that the offender makes reparation for the offence;
(c) punishing the offender.
(4) The conditions that may be attached to a youth conditional caution include—
(a) (subject to section 66C) a condition that the offender pay a financial penalty;
(b) a condition that the offender attend at a specified place at specified times.
“Specified” means specified in the condition.
(5) Conditions attached by virtue of subsection (4)(b) may not require the offender to attend for more than 20 hours in total, not including any attendance required by conditions attached for the purpose of facilitating the offender's rehabilitation.
(6) The Secretary of State may by order amend subsection (5) by substituting a different figure.
(6A) If an authorised person gives a youth conditional caution to an offender, the authorised person must as soon as practicable refer the offender to a youth offending team.
(7) In this section, “authorised person” means—
(a) a constable,
(b) an investigating officer, or
(c) a person authorised by a relevant prosecutor for the purposes of this section.
(1) The first requirement is that the authorised person has evidence that the offender has committed an offence.
(2) The second requirement is that a relevant prosecutor or the authorised person decides—
(a) that there is sufficient evidence to charge the offender with the offence, and
(b) that a youth conditional caution should be given to the offender in respect of the offence.
(3) The third requirement is that the offender admits to the authorised person that he committed the offence.
(4) The fourth requirement is that the authorised person explains the effect of the youth conditional caution to the offender and warns him that failure to comply with any of the conditions attached to the caution may result in his being prosecuted for the offence.
(5) ... The explanation and warning mentioned in subsection (4) must be given in the presence of an appropriate adult.
(6) The fifth requirement is that the offender signs a document which contains—
(a) details of the offence,
(b) an admission by him that he committed the offence,
(c) his consent to being given the youth conditional caution, and
(d) the conditions attached to the caution.
(1) Before deciding what conditions to attach to a youth conditional caution, a relevant prosecutor or the authorised person must make reasonable efforts to obtain the views of the victim (if any) of the offence, and in particular the victim's views as to whether the offender should carry out any of the actions listed in the community remedy document.
(2) If the victim expresses the view that the offender should carry out a particular action listed in the community remedy document, the prosecutor or authorised person must attach that as a condition unless it seems to the prosecutor or authorised person that it would be inappropriate to do so.
(3) Where—
(a) there is more than one victim and they express different views, or
(b) for any other reason subsection (2) does not apply,
the prosecutor or authorised person must nevertheless take account of any views expressed by the victim (or victims) in deciding what conditions to attach to the conditional caution.
(4) In this section—
“community remedy document” means the community remedy document (as revised from time to time) published under section 101 of the Anti-social Behaviour, Crime and Policing Act 2014 for the police area in which the offence was committed;
“victim” means the particular person who seems to the relevant prosecutor or authorised person to have been affected, or principally affected, by the offence.
(1) A condition that the offender pay a financial penalty (a “financial penalty condition”) may not be attached to a youth conditional caution given in respect of an offence unless the offence is one that is prescribed, or of a description prescribed, in an order made by the Secretary of State.
(2) An order under subsection (1) must prescribe, in respect of each offence or description of offence in the order, the maximum amount of the penalty that may be specified under subsection (5)(a).
(3) The amount that may be prescribed in respect of any offence must not exceed £100.
(4) The Secretary of State may by order amend subsection (3) by substituting a different figure.
(5) Where a financial penalty condition is attached to a youth conditional caution, the condition must specify—
(a) the amount of the penalty, and
(b) the person to whom the financial penalty is to be paid and how it may be paid.
(6) To comply with the condition, the offender must pay the penalty in accordance with the provision specified under subsection (5)(b).
(7) Where a financial penalty is (in accordance with the provision specified under subsection (5)(b)) paid to a person other than a designated officer for a local justice area, the person to whom it is paid must give the payment to such an officer.
A relevant prosecutor or an authorised person may, with the consent of the offender, vary the conditions attached to a youth conditional caution by—
(a) modifying or omitting any of the conditions;
(b) adding a condition.
(1) If the offender fails, without reasonable excuse, to comply with any of the conditions attached to the youth conditional caution, criminal proceedings may be instituted against the person for the offence in question.
(2) The document mentioned in section 66B(6) is to be admissible in such proceedings.
(3) Where such proceedings are instituted, the youth conditional caution is to cease to have effect.
(4) Section 24A(1) of the Criminal Justice Act 2003 (“the 2003 Act”) applies in relation to the conditions attached to a youth conditional caution as it applies in relation to the conditions attached to a conditional caution (within the meaning of Part 3 of that Act).
(5) Sections 24A(2) to (9) and 24B of the 2003 Act apply in relation to a person who is arrested under section 24A(1) of that Act by virtue of subsection (4) above as they apply in relation to a person who is arrested under that section for failing to comply with any of the conditions attached to a conditional caution (within the meaning of Part 3 of that Act).
66F Restriction on sentencing powers where youth conditional caution given
Where a person who has been given a youth conditional caution is convicted of an offence committed within two years of the giving of the caution, the court by or before which the person is so convicted—
(a) may not make an order under section 80 of the Sentencing Code (conditional discharge) in respect of the offence unless it is of the opinion that there are exceptional circumstances relating to the offence or the offender which justify its doing so; and
(b) where it does make such an order, must state in open court that it is of that opinion and why it is.
66G Code of practice on youth conditional cautions
(1) The Secretary of State must prepare a code of practice in relation to youth conditional cautions.
(2) The code may, in particular, make provision as to—
(a) the circumstances in which youth conditional cautions may be given,
(b) the procedure to be followed in connection with the giving of such cautions,
(c) the conditions which may be attached to such cautions and the time for which they may have effect,
(d) the category of constable or investigating officer by whom such cautions may be given,
(e) the persons who may be authorised by a relevant prosecutor for the purposes of section 66A,
(f) the form which such cautions are to take and the manner in which they are to be given and recorded,
(g) the places where such cautions may be given,
(h) the provision which may be made in a condition under section 66C(5)(b),
(i) the monitoring of compliance with conditions attached to such cautions,
(j) the exercise of the power of arrest conferred by section 24A(1) of the Criminal Justice Act 2003 (c. 44) as it applies by virtue of section 66E(4),
(k) who is to decide how a person should be dealt with under section 24A(2) of that Act as it applies by virtue of section 66E(5).
(3) After preparing a draft of the code the Secretary of State—
(a) must publish the draft,
(b) must consider any representations made to him about the draft, and
(c) may amend the draft accordingly,
but he may not publish or amend the draft without the consent of the Attorney General.
(4) After the Secretary of State has proceeded under subsection (3) he must lay the code before each House of Parliament.
(5) When he has done so he may bring the code into force by order.
(6) The Secretary of State may from time to time revise a code of practice brought into force under this section.
(7) Subsections (3) to (6) are to apply (with appropriate modifications) to a revised code as they apply to an original code.
In this Chapter—
(a) “appropriate adult” has the meaning given by section 66ZA(7);
(b) “authorised person” has the meaning given by section 66A(7);
(c) “investigating officer” means an officer of Revenue and Customs, appointed in accordance with section 2(1) of the Commissioners for Revenue and Customs Act 2005, or a person designated as a policing support officer or a policing support volunteer under section 38 of the Police Reform Act 2002 (c. 30);
(d) “the offender” has the meaning given by section 66A(1);
(e) “relevant prosecutor” means—
(i) the Attorney General,
(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(iii) the Director of Revenue and Customs Prosecutions,
(iv) the Director of Public Prosecutions,
(v) the Secretary of State, or
(vi) a person who is specified in an order made by the Secretary State as being a relevant prosecutor for the purposes of this Chapter;
(ea) “youth caution” has the meaning given by section 66ZA(1);
(f) “youth conditional caution” has the meaning given by section 66A(2).