Out of Court disposals

Out of Court Disposals New procedures under the Legal Aid Sentencing and Punishment of Offenders Act 2012 (LASPO) Implemented 8th April 2013 Youth case disposals are effectively delegated to the Youth Offending Service unless NFA or Charge are the only possible options. There are more young people eligible for OOCD's than before, even those with previous convictions.

So, usually charges are only appropriate where: Out of Court Disposals Charging a young person should NOT be the norm as the Public Interest is not normally served by doing so and each case requires justification and background research. So, usually charges are only appropriate where: Especially dangerous or prolific offender. Serious offence (Gravity Matrix 4) Specific pre-defined Borough priority operation (rare)

Children should be treated differently to adults There is an obligation on police and the CPS to enquire into a youth’s background and properly balance the public interest for and against prosecution. Children should be treated differently to adults It is essential in all youth offender cases to ensure that all of the public interest matters which give rise to the decision are clearly identified, considered and balanced. The principal aim of the youth justice system which is to prevent offending by children and young people. The younger the suspect, the less likely it is that a prosecution is required.

A prosecution may in the public interest. Where the offence committed is serious, where the suspect;s previous record shows that there are no suitable alternatives to prosecution , where the absence of an admission means that out- of- court disposals which might have addressed the offending behaviour are not available. A common sense approach is necessary and sometimes the most appropriate response for minor offences may be sanctions outside the criminal justice system such as school discipline, community resolution, restorative justice or an Acceptable Behaviour Contract.

Out of Court Disposals Points for ERO to consider: What does the evidence show that the suspect did? What has he admitted to, if anything? Are there any defences? What is the criminal disposal history? What is the impact on the Victim? Do we need to protect the victim? POLICE DECISION IS CHARGE, NFA OR REFER FOR OUT OF COURT DISPOSAL

Inappropriate grounds to charge Out of Court Disposals Inappropriate grounds to charge Not sorry enough Laughed and did not appear to take the matter seriously Disrespectful to police and parents Has a previous conviction Victim demands a prosecution

Ealing Youth Justice Service initial processes Background research (Multi-agency) Police records – CRIS, Merlin, Intelligence. Local Authority Information. Youth Justice, Social Services, Education. Assessment with family.

Out of Court Disposals What are the outcome options? Pass back for NFA Triage Diversion Youth Caution Youth Conditional Caution Pass back for Charge

Processes: All under 18s require Appropriate Adult. Out of Court Disposals Processes: All under 18s require Appropriate Adult. Gather all evidence as usual then. COPA MG3Y to ERO for decision to either NFA, Charge or refer for OOCD. ERO sends MG3Y to XB mailbox – YOTS Digital Files (or now flag up to YOT for COPA download)

Out of Court Disposal Assessments Highlights, benefits and advantages

Out of Court Disposal Assessments Early identification Custody records checked local and surrounding stations Early research undertaken Benefits of detailed assessment Safeguarding concerns. Determined research into family and associates. Flagged with MASH / ECIRS (social services early response). Early flagging to CSE processes / MASE. Early Flagging for gang intervention. Early Flagging with Troubled Families or other specialist social services units.

Out of Court Disposal Assessments Decision Making Panel Endeavour to make decision as fully informed as possible. Consider the circumstances of the offence and victim. Consider vulnerabilities and culpability, Consider appropriate and necessary interventions.

Out of Court Disposal Assessments Advantages Earliest identification of risk of offending, CSE and gang involvement. Earliest intervention for other Safeguarding concerns Earliest instigation of appropriate interventions across agencies.