Pre-Court Procedures

 

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. The custody officer will then decide what happens next.

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 is 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 Midlands Police and the Youth Offending Team will interview the young person with their parent/guardian using an 'AIM' assessment which will help them to decide what needs to happen to the young person.

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 informed 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.