Liberty s response to the Department for Children, Schools and Families Youth Conditional Caution Code of Practice for 16 and 17 Year Olds

Size: px
Start display at page:

Download "Liberty s response to the Department for Children, Schools and Families Youth Conditional Caution Code of Practice for 16 and 17 Year Olds"

Transcription

1 Liberty s response to the Department for Children, Schools and Families Youth Conditional Caution Code of Practice for 16 and 17 Year Olds Consultation Paper May 2009

2 About Liberty Liberty (The National Council for Civil Liberties) is one of the UK s leading civil liberties and human rights organisations. Liberty works to promote human rights and protect civil liberties through a combination of test case litigation, lobbying, campaigning and research. Liberty Policy Liberty provides policy responses to Government consultations on all issues which have implications for human rights and civil liberties. We also submit evidence to Select Committees, Inquiries and other policy fora, and undertake independent, funded research. Liberty s policy papers are available at Contact Isabella Sankey Anita Coles Director of Policy Policy Officer Direct Line Direct Line:

3 Introduction Liberty has concerns over the growing criminalisation of young people. Negative stereotyping of young people has informed the development of much of the law and policy relating to children over recent years, and this is particularly apparent in the criminal justice sphere. When the reprimand and final warning system for people aged 16 and 17 was introduced in the Crime and Disorder Act 1998 we voiced profound concerns. This two-step system led automatically to court if the young person offended again within two years. The system was inflexible and unjust. It tied the hands of police officers, preventing them from making reasoned judgments on a case-by-case basis about how best to deal with young people with whom they came into contact. It acted as a funnel, channelling young people into the criminal justice system and removing the option of informal intervention as a way of tackling low-level offending. The result was growing numbers of young people embroiled in a criminal justice system which, once entered, it is notoriously difficult to escape. We would therefore welcome greater flexibility in this area and an alternative to the reprimand and final warning system. However, we are not convinced that this will be delivered by the Youth Conditional Caution. We fear that, in practice, youth conditional cautions could operate as a short cut to punishment for 16 and 17 year olds. Section 48 and Schedule 9 to the Criminal Justice and Immigration Act 2008 extends conditional cautions to children and young persons by amending the Crime and Disorder Act The Criminal Justice and Immigration Act 2008 provides for Youth Conditional Cautions to be governed by a Code of Practice - the subject of this consultation - and the Code of Practice is due to be issued under section 66G of the Crime and Disorder Act Requirements for Youth Conditional Cautions Under the Crime and Disorder Act 1998 and the Youth Conditional Caution Code of Practice, the youth must admit to the offence before a Youth Conditional Caution (YCC) can be given. This admission can then be used in a prosecution for the original offence if the youth fails to comply with the conditional caution. While, in theory, a person does have a choice about whether to accept a caution, we would suggest that the reality, particularly for young people, is rather different. The offender may not have a free choice about whether to accept the caution. Although we welcome section 12.1, which explains that particular care must be taken to 3

4 ensure that the young person understands what is happening and the options open to them; in reality the freedom to refuse a caution is likely to be limited by the youth s fear of prosecution and a limited understanding of the options available. The Code of Practice fails to address the practical reality that those suspected of crimes may have limited effective choice about whether or not to accept a caution. Because the process is not truly voluntary, the Code of Practice could be seen as allowing the police and CPS to act as investigators, prosecutors and judges. Conditions Paragraph 7 of the Code of Practice introduces a wide scope of conditions available to be attached to the Youth Conditional Caution. The conditions can impose a number of restrictions on individual freedom. Under paragraph 7.5, preventative conditions can be imposed where they meet one of the 3 aims (rehabilitation, reparation and punishment) and can include preventing the youth from contacting individuals, visiting certain locations or participating in particular activities. Under section 7.6, conditions may include reference to the future behaviour of the young person, such as an agreement not to commit further offences for a specified period. The nature and range of restrictions permitted under a YCC raise similar concerns to the conditions that can be imposed under Anti Social Behaviour Orders (ASBOs). These often contain restrictions which set people up for failure because they are unable to avoid breaching them. Experiences with ASBOs have shown that the broader the order, the greater the likelihood of breach. Liberty would also point out that the Code of Practice seems to confuse the objectives of rehabilitation, reparation and punishment. Conditions described as restorative and rehabilitative, such as financial compensation, unpaid work and a range of interventions available to the YOS for addressing offending behaviour, 1 can in reality operate as a punishment. Punitive Conditions Cautions are supposed to be an alternative to entering the criminal justice process, a non-punitive means of encouraging a person not to re-offend. We consider such a second chance to be particularly important in the context of young offenders. However, the Code of Practice introduces a punitive element to the conditions 1 Section 7.2 and 7.3 of the Youth Conditional Caution Code of Practice. 4

5 attached to the YCC. Section 7.1 of the Code of Practice introduces conditions which punish or penalise the youth for their unlawful conduct. These can include the payment of a financial penalty, unpaid work for a period not exceeding 20 hours or attendance at a specified place to undertake an agreed activity for a period not exceeding 20 hours, not including any attendance for the purposes of facilitating the youth s rehabilitation. 2 When conditional cautions were initially introduced in the Criminal Justice Act 2003 the cautions were only able to impose conditions described as relating to rehabilitation and reparation. However, the Police and Justice Act 2006 changed the 2003 Act so that conditions can be imposed on cautions which are expressly designed to be punitive. We believe that there is a real danger that conditional cautions will be used as a short-cut to punishment, intended for use in large numbers of cases rather than a way of diverting young people away from the criminal justice system. When punitive conditional cautions were proposed in the context of adult offenders in the 2006 Act, the Magistrates Association argued, that it was: contrary to the principles of justice for prosecutors and police to be able to impose punishment without the involvement of the judiciary. A democratic legal system ensures that an independent tribunal the judiciary should sentence and impose punishment, thus preventing bias from prosecutorial authorities. 3 Liberty agrees with this and is therefore concerned with paragraph 6.6 of the Code of Practice, which makes it clear that the decision as to whether a Youth Conditional Caution is appropriate, and the conditions to be attached to the caution, is for the prosecutor. A report examining the early implementation of adult conditional cautioning found that a number of cases were put forward by the police for consideration for a conditional caution which were not suitable for a charge and suggested that this showed the potential for up-tariffing. The study explained that when a new disposal is introduced between two forms of existing disposals, it is likely to draw in offenders from the less serious disposal, and this is known as up-tariffing. This has been found with the introduction of other initiatives such as conditional bail. 4 2 Section 7.4 of the Youth Conditional Caution Code of Practice. 3 Cited by Nick Herbert MP in Committee, Standing Committee D, 23 March 2006 (morning), col Brown, D. (1998) Offending on bail and police use of conditional bail. Home Office Research Findings 72. London: Home Office and Hucklesby, A. (2001) Police bail and the use of conditions. Criminal justice. Vol. 1 no. 4: pp

6 The report suggested that some up-tariffing was occurring at the stage of police decision making, as evidenced in 15 cases, where the reason for not administering a conditional caution was due to the offence not being serious enough. 5 Using cautions as a fast-track to punishment is an even greater concern when used for young offenders. Many young offenders could benefit significantly from constructive measures and engagement designed to make them understand the consequences of their behaviour in the hope that they will change their ways and become responsible adults. A simple fine or compulsory work will not achieve this. The UN Guidelines on the Prevention of Child Delinquency recognise the need for special measures designed to avoid criminalizing and penalizing a child which take notice of the fact that in the predominant opinion of experts, labelling a young person as "deviant'', "delinquent" or "pre-delinquent" often contributes to the development of a consistent pattern of undesirable behaviour by young persons. 6 Failure to comply with a Youth Conditional Caution Paragraph 13.1 of the Code of Practice makes it clear that although failure to comply with a condition is not an offence in itself, it may result in a young person being prosecuted for the original offence. This can cause difficulties where a young person has a number of problems (e.g. mental health needs or drug/alcohol misuse) and the prosecutor is trying to solve all of these through the conditions attached to the YCC. For example, a YCC may be overloaded with rehabilitative conditions that are aimed at solving multiple problems that a young person may be facing, coupled with restorative or punitive conditions that can add extra requirements to attend a specified place or give financial compensation. These conditions will be extremely difficult for the young person to comply with. They will then face being prosecuted for the original offence due to breach of the Conditional Caution. 5 Ministry of Justice research paper: Laura Blakeborough and Dr Harriet Pierpoint in collaboration with Professor Trevor Bennett, Professor Mike Maguire, Cynthia Pinto, Louise Hall Susie Wreford and Dominic Smith (2007), Conditional cautions: An examination of the early implementation of the scheme, A report evaluating the implementation of conditional cautions in 13 Basic Command Units across six police areas. The purpose of the study was to provide evidence to help inform the national roll out of conditional cautions. See 6 United Nations Guidelines for the Prevention of Juvenile Delinquency (The Riyadh Guidelines) Adopted and proclaimed by General Assembly resolution 45/112 of 14 December

7 Requirements of a Youth Conditional Caution Liberty is also concerned that a YCC can only be given where the youth has not previously been convicted of an offence. As was highlighted by the Standing Committee for Youth Justice when the Criminal Justice and Immigration Act 2008 was being debated in Parliament, 7 the adult conditional caution is available at any point in an offender s career and this leads to the potential for co-defendants, of similar age and with a previous offending history, to be treated differently. For example, an 18 year old young adult with a single previous conviction might be given a conditional caution in circumstances where the criteria for a 17 year old would require prosecution. This approach not only fails to ensure young people are diverted away from the criminal justice system but also lacks flexibility. A YCC can not be given, and the young person would be prosecuted where, for example, the young person has a single previous conviction for a minor offence which he or she denied (and so was not eligible for a reprimand or warning) or the young person s previous convictions relate to offences committed previously, without regard to the nature of that offence or the current matter. Involvement of Victims Under human rights law, the government has a clear obligation to protect individuals against crime. Indeed Liberty has long campaigned for practical reforms to safeguard the rights of victims within the criminal justice system. However, the approach set out in the Code, adopts many of the governments worst instincts in this area. Section 10.1 of the Code states that the views of the victim should be obtained wherever possible and taken into account when deciding whether a YYC is appropriate and in determining suitable conditions to be attached. Further: the victims consent must be obtained in any case where direct reparation or restorative justice processes are being considered. While section 10.2 explains that although the view of the victim will be important, it will not be conclusive, Liberty has serious concerns about the level of victim involvement proposed under the Code. Allowing the views of a victim to have a direct bearing on the decision and approach taken by the YCC prosecutor presents considerable dangers. Allowing for direct input from a victim undermines objectivity and may well lead to the YCC system being perceived as a mechanism by 7 See Standing Committee for Youth Justice briefing for the Criminal Justice and Immigration Bill, House of Lords Committee Stage, February

8 which old scores can be settled between individuals. There may well be substantial disparity between the types of conditions doled out as a direct result of victim input. Isabella Sankey Rachel Yates 8

REPORT TO CRIME & DISORDER OVERVIEW & SCRUTINY PANEL. Title: OVERVIEW OF THE CRIMINAL JUSTICE SYSTEM. Date: 27 th October 2009

REPORT TO CRIME & DISORDER OVERVIEW & SCRUTINY PANEL. Title: OVERVIEW OF THE CRIMINAL JUSTICE SYSTEM. Date: 27 th October 2009 REPORT TO CRIME & DISORDER OVERVIEW & SCRUTINY PANEL Title: OVERVIEW OF THE CRIMINAL JUSTICE SYSTEM Date: 27 th October 2009 Officer Reporting: Brian Martin, Community Safety Manager Contact Officer(s):

More information

Assess the purpose of the Criminal Justice System and the role of the Ministry of Justice.

Assess the purpose of the Criminal Justice System and the role of the Ministry of Justice. Assess the purpose of the Criminal Justice System and the role of the Ministry of Justice. Introduction Justice is a concept, a concept of moral rightness based on ethics, rationality, law or religion

More information

Explanatory Notes to Criminal Justice And Court Services Act

Explanatory Notes to Criminal Justice And Court Services Act Explanatory Notes to Criminal Justice And Court Services Act 2000 Chapter 43 Crown Copyright 2000 Explanatory Notes to Acts of the UK Parliament are subject to Crown Copyright protection. They may be reproduced

More information

Queensland DRUG REHABILITATION (COURT DIVERSION) ACT 2000

Queensland DRUG REHABILITATION (COURT DIVERSION) ACT 2000 Queensland DRUG REHABILITATION (COURT DIVERSION) ACT 2000 Act No. 3 of 2000 Queensland DRUG REHABILITATION (COURT DIVERSION) ACT 2000 Section TABLE OF PROVISIONS PART 1 PRELIMINARY Page 1 Short title.....................................................

More information

Who benefits from the Rehabilitation of Offenders Act and how?

Who benefits from the Rehabilitation of Offenders Act and how? What is the Rehabilitation of Offenders Act 1974? The Rehabilitation of Offenders Act 1974 exists to support the rehabilitation into employment of reformed offenders who have stayed on the right side of

More information

Contents. Introduction. How to report a fraud. What happens when you report a fraud? The investigation process

Contents. Introduction. How to report a fraud. What happens when you report a fraud? The investigation process 1 Contents Introduction How to report a fraud What happens when you report a fraud? The investigation process Who decides if the case should go to court? What is a non-court disposal? What happens at

More information

Guide to Criminal procedure

Guide to Criminal procedure Guide to Criminal procedure This free guide gives a general idea to members of the public as to what you may expect to encounter if you or someone you know is charged with a criminal offence. The overriding

More information

NIACRO S RESPONSE TO THE JUSTICE COMMITTEE CONSULTATION ON THE CRIMINAL JUSTICE BILL

NIACRO S RESPONSE TO THE JUSTICE COMMITTEE CONSULTATION ON THE CRIMINAL JUSTICE BILL NIACRO S RESPONSE TO THE JUSTICE COMMITTEE CONSULTATION ON THE CRIMINAL JUSTICE BILL DATE: 31/08/2012 CRU Ref: 2012/57 NIACRO Ref: HTO25453 1 Ms. Christine Darrah Committee Clerk Room 242 Parliament Buildings

More information

Community Remedy. Introduction

Community Remedy. Introduction Community Remedy Introduction Section 101 of the Anti-social Behaviour, Crime and Policing Act 2014, is designed to place the victim at the heart of decision making and requires the Commissioner and Nottinghamshire

More information

Prison Reform Trust consultation submission. More effective responses to anti-social behaviour

Prison Reform Trust consultation submission. More effective responses to anti-social behaviour Prison Reform Trust consultation submission More effective responses to anti-social behaviour The Prison Reform Trust is an independent UK charity working to create a just, humane and effective prison

More information

GUIDANCE Implementing Section 176 of the Anti-social Behaviour, Crime and Policing Act 2014: Lowvalue

GUIDANCE Implementing Section 176 of the Anti-social Behaviour, Crime and Policing Act 2014: Lowvalue GUIDANCE Implementing Section 176 of the Anti-social Behaviour, Crime and Policing Act 2014: Lowvalue shoplifting Guidance for police in England and Wales First publication: June 2014 1 Introduction 1.

More information

Offender Rehabilitation Act 2014

Offender Rehabilitation Act 2014 Offender Rehabilitation Act 2014 CHAPTER 11 Explanatory Notes have been produced to assist in the understanding of this Act and are available separately 9. 75 Offender Rehabilitation Act 2014 CHAPTER 11

More information

The Criminal Procedure Rules Part 5 as in force on 7 April 2014 PART 5 FORMS AND COURT RECORDS

The Criminal Procedure Rules Part 5 as in force on 7 April 2014 PART 5 FORMS AND COURT RECORDS Contents of this Part PART 5 FORMS AND COURT RECORDS Section 1: forms Forms rule 5.1 Forms in Welsh rule 5.2 Signature of forms rule 5.3 Section 2: court records Duty to make records rule 5.4 Recording

More information

COUNCIL OF EUROPE COMMITTEE OF MINISTERS

COUNCIL OF EUROPE COMMITTEE OF MINISTERS COUNCIL OF EUROPE COMMITTEE OF MINISTERS Recommendation Rec(2006)8 of the Committee of Ministers to member states on assistance to crime victims (Adopted by the Committee of Ministers on 14 June 2006 at

More information

Breaking the Cycle: Effective Punishment, Rehabilitation and Sentencing of Offenders. Response by the Children s Legal Centre

Breaking the Cycle: Effective Punishment, Rehabilitation and Sentencing of Offenders. Response by the Children s Legal Centre Breaking the Cycle: Effective Punishment, Rehabilitation and Sentencing of Offenders Response by the Children s Legal Centre March 2011 1 The Children's Legal Centre (CLC) is a unique, independent national

More information

THIS GUIDANCE APPLIES FROM 10 MARCH 2014

THIS GUIDANCE APPLIES FROM 10 MARCH 2014 THIS GUIDANCE APPLIES FROM 10 MARCH 2014 Guidance on the Rehabilitation of Offenders Act 1974 Contents: (1) INTRODUCTION: What is the Rehabilitation of Offenders Act 1974? Who benefits from the 1974 Act

More information

Criminal Justice (Scotland) Bill [AS INTRODUCED]

Criminal Justice (Scotland) Bill [AS INTRODUCED] Criminal Justice (Scotland) Bill [AS INTRODUCED] CONTENTS Section PART 1 ARREST AND CUSTODY CHAPTER 1 ARREST BY POLICE 1 Power of a constable 2 Exercise of the power Arrest without warrant Procedure following

More information

The Code. for Crown Prosecutors

The Code. for Crown Prosecutors The Code for Crown Prosecutors January 2013 Table of Contents Introduction... 2 General Principles... 3 The Decision Whether to Prosecute... 4 The Full Code Test... 6 The Evidential Stage... 6 The Public

More information

Safer Streets Crime Action Plan Youth Justice. Have Your Say

Safer Streets Crime Action Plan Youth Justice. Have Your Say Safer Streets Crime Action Plan Youth Justice Have Your Say 1 Foreword Through its Safer Streets Crime Action Plan, the Newman Government made a commitment to crack down on crime. As part of this plan,

More information

7. MY RIGHTS IN DEALING WITH CRIMINAL LAW AND THE GARDAÍ

7. MY RIGHTS IN DEALING WITH CRIMINAL LAW AND THE GARDAÍ 7. MY RIGHTS IN DEALING WITH CRIMINAL LAW AND THE GARDAÍ 7.1 Victim of a crime What are my rights if I have been the victim of a crime? As a victim of crime, you have the right to report that crime to

More information

Rehabilitation of Offenders Act 1974

Rehabilitation of Offenders Act 1974 Rehabilitation of Offenders Act 1974 Contents Background Reforms to the Act Will I benefit from the reforms? Rehabilitation periods The implications of the changes Historic sentences and disposals Immigration

More information

The Code. for Crown Prosecutors

The Code. for Crown Prosecutors The Code for Crown Prosecutors February 2010 This booklet is available in: (Bengali) (Punjabi) (Gujurati) (Welsh) (Tamil) (Traditional Chinese) (Somali) (French) (Polish) (Arabic) (Urdu) Introduction 1.1

More information

The Criminal Procedure Rules Part 17 as in force on 2 February 2015 PART 17 EXTRADITION

The Criminal Procedure Rules Part 17 as in force on 2 February 2015 PART 17 EXTRADITION Contents of this Part PART 17 EXTRADITION Section 1: general rules When this Part applies rule 17.1 Meaning of court, presenting officer and defendant rule 17.2 Section 2: extradition proceedings in a

More information

Modern Slavery Act 2015

Modern Slavery Act 2015 Modern Slavery Act 2015 CHAPTER 30 Explanatory Notes have been produced to assist in the understanding of this Act and are available separately 14.25 Modern Slavery Act 2015 CHAPTER 30 CONTENTS PART 1

More information

PARTICIPANTS PAPERS THE MALDIVES CRIMINAL JUSTICE SYSTEM AN ALTERNATIVE METHOD FOR PUNISHMENT. Haleem Mohamed*

PARTICIPANTS PAPERS THE MALDIVES CRIMINAL JUSTICE SYSTEM AN ALTERNATIVE METHOD FOR PUNISHMENT. Haleem Mohamed* PARTICIPANTS PAPERS THE MALDIVES CRIMINAL JUSTICE SYSTEM AN ALTERNATIVE METHOD FOR PUNISHMENT Haleem Mohamed* I. INTRODUCTION The Maldives legal system is based on the principles of shariah and other legislation,

More information

Protection of Freedoms Bill

Protection of Freedoms Bill EXPLANATORY NOTES Explanatory notes to the Bill, prepared by the Home Office, are published separately as Bill 146 EN. EUROPEAN CONVENTION ON HUMAN RIGHTS Secretary Theresa May has made the following statement

More information

Securing safe, clean drinking water for all

Securing safe, clean drinking water for all Securing safe, clean drinking water for all Enforcement policy Introduction The Drinking Water Inspectorate (DWI) is the independent regulator of drinking water in England and Wales set up in 1990 by Parliament

More information

CRIMINAL JUSTICE (SCOTLAND) BILL AMENDMENTS TO BE LODGED AT STAGE 2

CRIMINAL JUSTICE (SCOTLAND) BILL AMENDMENTS TO BE LODGED AT STAGE 2 Section 5, Page 2, line 28 Leave out and insert This amendment provides for information to be given to suspects at a police station in terms of a letter of rights to be provided both verbally

More information

Penalties Policy: In respect of social security fraud and error

Penalties Policy: In respect of social security fraud and error Penalties Policy: In respect of social security fraud and error January 2015 1 Contents 1. Introduction... 3 2. General Principles... 3 3. Organisation... 4 4. Penalties Policy... 5 4.3 Prosecutions...

More information

YOUTH JUSTICE - THE NEXT STEPS COMPANION DOCUMENT TO EVERY CHILD MATTERS

YOUTH JUSTICE - THE NEXT STEPS COMPANION DOCUMENT TO EVERY CHILD MATTERS YOUTH JUSTICE - THE NEXT STEPS COMPANION DOCUMENT TO EVERY CHILD MATTERS 2 Youth Justice The Next Steps Contents Page Introduction 3 Basic approach 3 Pre-court interventions 4 General sentencing principles

More information

Queensland DRUG REHABILITATION (NORTH QUEENSLAND COURT DIVERSION INITIATIVE) AMENDMENT ACT 2002

Queensland DRUG REHABILITATION (NORTH QUEENSLAND COURT DIVERSION INITIATIVE) AMENDMENT ACT 2002 Queensland DRUG REHABILITATION (NORTH QUEENSLAND COURT DIVERSION INITIATIVE) AMENDMENT ACT 2002 Act No. 41 of 2002 Queensland DRUG REHABILITATION (NORTH QUEENSLAND COURT DIVERSION INITIATIVE) AMENDMENT

More information

Criminal Justice and Courts Act 2015

Criminal Justice and Courts Act 2015 Criminal Justice and Courts Act 2015 CHAPTER 2 Explanatory Notes have been produced to assist in the understanding of this Act and are available separately 2 7. 50 Criminal Justice and Courts Act 2015

More information

Bail and Remand The Scottish Executive Action Plan

Bail and Remand The Scottish Executive Action Plan Bail and Remand The Scottish Executive Action Plan The Scottish Executive Action Plan Crown copyright 2005 ISBN: 0-7559-4852-1 Scottish Executive St Andrew's House Edinburgh EH1 3DG Produced for the Scottish

More information

Liberty and the Royal College of Psychiatrists Joint Report Stage Briefing and Amendments on the Welfare Reform Bill in the House of Lords

Liberty and the Royal College of Psychiatrists Joint Report Stage Briefing and Amendments on the Welfare Reform Bill in the House of Lords Liberty and the Royal College of Psychiatrists Joint Report Stage Briefing and Amendments on the Welfare Reform Bill in the House of Lords October 2009 About Liberty Liberty (The National Council for Civil

More information

Disclosable under FOIA 2000: Yes Author: T/CI Nick Barker Force / Organisation: BTP Date Created: May 2009 Telephone: 0207 830 8930

Disclosable under FOIA 2000: Yes Author: T/CI Nick Barker Force / Organisation: BTP Date Created: May 2009 Telephone: 0207 830 8930 Security Classification: NOT PROTECTIVELY MARKED Disclosable under FOIA 2000: Yes Author: T/CI Nick Barker Force / Organisation: BTP Date Created: May 2009 Telephone: 0207 830 8930 Association of Chief

More information

You be the Judge. Sentencing Law in Tasmania. General Sentencing Principles

You be the Judge. Sentencing Law in Tasmania. General Sentencing Principles You be the Judge Sentencing Law in Tasmania Sentencing Law & Purposes SENTENCING LAW - SOURCES Sentencing Act 1997 (TAS) Youth Justice Act 1997 (TAS) Crimes Act 1914 (Cwth) Common law (case law; previous

More information

Rehabilitation of. Offenders Act 1974

Rehabilitation of. Offenders Act 1974 Resettlement information Rehabilitation of Offenders Act 974 This leaflet updates the information published in summer 200 by Nacro about the Rehabilitation of Offenders Act 974. It is written primarily

More information

SUBMISSION TO THE SENTENCING ADVISORY COMMITTEE: SUSPENDED SENTENCES

SUBMISSION TO THE SENTENCING ADVISORY COMMITTEE: SUSPENDED SENTENCES SUBMISSION TO THE SENTENCING ADVISORY COMMITTEE: SUSPENDED SENTENCES December 2007 Belinda Lo William Crawford Fitzroy Legal Service 124 Johnston Street FITZROY 3065 Phone: (03) 9419 3744 Fax: (03) 9416

More information

SCYJ response to Ministry of Justice consultation: Preserving and Enhancing the Quality of Criminal Advocacy November 2015

SCYJ response to Ministry of Justice consultation: Preserving and Enhancing the Quality of Criminal Advocacy November 2015 SCYJ response to Ministry of Justice consultation: Preserving and Enhancing the Quality of Criminal Advocacy November 2015 Summary Following disquiet about standards, the Government s consultation sets

More information

The Scaled Approach and the Youth Rehabilitation Order

The Scaled Approach and the Youth Rehabilitation Order The Scaled Approach and the Youth Rehabilitation Order A new approach to youth justice In November 2009, the Government s new youth community sentencing structure comes into force. The Youth Rehabilitation

More information

A Working Protocol between ACPO, the Crown Prosecution Service (CPS), Her Majesty s Court & Tribunals Service (HMCTS), the Witness

A Working Protocol between ACPO, the Crown Prosecution Service (CPS), Her Majesty s Court & Tribunals Service (HMCTS), the Witness A Working Protocol between ACPO, the Crown Prosecution Service (CPS), Her Majesty s Court & Tribunals Service (HMCTS), the Witness Service and the Senior Presiding Judge for England and Wales on Reading

More information

Guidelines for Information Sharing related to the Youth Criminal Justice Act (2003)

Guidelines for Information Sharing related to the Youth Criminal Justice Act (2003) Guidelines for Information Sharing related to the Youth Criminal Justice Act (2003) For School Division and Young Offender Programs Personnel April 2011 Prepared by the Ministries of Education and Corrections,

More information

Land Transport Amendment Bill 2013

Land Transport Amendment Bill 2013 Land Transport Amendment Bill 2013 NZAA submission The New Zealand Automobile Association Incorporated 342-352 Lambton Quay PO Box 1 Wellington 6140 NEW ZEALAND 11 February 2014 THE NEW ZEALAND AUTOMOBILE

More information

ABOUT THE COMMUNITY PAYBACK ORDER

ABOUT THE COMMUNITY PAYBACK ORDER ABOUT THE COMMUNITY PAYBACK ORDER Introduction 1. The Criminal Justice and Licensing (Scotland) Act 2010 (the 2010 Act) is the largest piece of legislation introduced into the Scottish Parliament by the

More information

ATTORNEY GENERAL S GUIDELINES ON PLEA DISCUSSIONS IN CASES OF SERIOUS OR COMPLEX FRAUD

ATTORNEY GENERAL S GUIDELINES ON PLEA DISCUSSIONS IN CASES OF SERIOUS OR COMPLEX FRAUD ATTORNEY GENERAL S GUIDELINES ON PLEA DISCUSSIONS IN CASES OF SERIOUS OR COMPLEX FRAUD A FOREWORD A1. These Guidelines set out a process by which a prosecutor may discuss an allegation of serious or complex

More information

YOUTH LEGAL CENTRE. Bail. 1 What is bail? 2 Does bail apply in all criminal cases?

YOUTH LEGAL CENTRE. Bail. 1 What is bail? 2 Does bail apply in all criminal cases? YOUTH LEGAL CENTRE Bail 1 What is bail? Bail is an agreement entered into by a person accused of a criminal offence ( the accused or the defendant ). By signing a bail acknowledgement, the accused person

More information

g b agerstein bocian agne

g b agerstein bocian agne g b agerstein bocian agne strategies To: Interested Parties From: GBA Strategies Date: October 11, 2011 Youth Justice System Survey An estimated 250,000 youth are tried, sentenced, or incarcerated as adults

More information

Model Spent Convictions Bill - Consultation paper

Model Spent Convictions Bill - Consultation paper Model Spent Convictions Bill - Consultation paper Background The Standing Committee of Attorneys-General is working on a project to design a national model Bill for a spent-convictions scheme. A spentconvictions

More information

Defendants charged with serious violent and sexual offences (including murder)

Defendants charged with serious violent and sexual offences (including murder) Bail Amendment Bill Q+A Defendants charged with serious violent and sexual offences (including murder) How is the Government changing bail rules for defendants charged murder? The Government thinks that

More information

BRIEFING NOTE November 2011

BRIEFING NOTE November 2011 BRIEFING NOTE November 2011 Series briefing note 38 LEARNING AND SKILLS FOR OFFENDERS IN THE COMMUNITY 1. Introduction 2. Community Based Rehabilitation 3. Learning and Skills Provision for Offenders in

More information

WITNESS PROTECTION ACT

WITNESS PROTECTION ACT LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 696 WITNESS PROTECTION ACT 2009 As at 1 May 2013 2 WITNESS PROTECTION ACT 2009 Date of Royal Assent............... 18 April 2009 Date of publication

More information

2013 No. 1198 REHABILITATION OF OFFENDERS, ENGLAND AND WALES

2013 No. 1198 REHABILITATION OF OFFENDERS, ENGLAND AND WALES STATUTORY INSTRUMENTS 2013 No. 1198 REHABILITATION OF OFFENDERS, ENGLAND AND WALES The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (Amendment) (England and Wales) Order 2013 Made - - -

More information

HANDOUT 1: Purpose and Principles of Sentencing in Canada

HANDOUT 1: Purpose and Principles of Sentencing in Canada HANDOUT 1: Purpose and Principles of Sentencing in Canada Principles of Sentencing The Criminal Code of Canada outlines the principles and purpose of sentencing in s. 718. These principles are placed in

More information

Youth Restorative Intervention in Surrey

Youth Restorative Intervention in Surrey Youth Restorative Intervention in Surrey Background Where did the YRI come from? Surrey has been aspiring to become a restorative county in recent years, and a significant expression of this has been in

More information

Burglary Offences Definitive Guideline DEFINITIVE GUIDELINE

Burglary Offences Definitive Guideline DEFINITIVE GUIDELINE Burglary Offences Definitive Guideline DEFINITIVE GUIDELINE Burglary Offences Definitive Guideline 1 Contents Applicability of guideline 2 Aggravated burglary (Theft Act 1968, section 10) 3 Domestic burglary

More information

Criminal appeals. Page 1 of 19 Criminal appeals version 3.0 Published for Home Office staff on 08 July 2015

Criminal appeals. Page 1 of 19 Criminal appeals version 3.0 Published for Home Office staff on 08 July 2015 Page 1 of 19 Criminal appeals version 3.0 Published for Home Office staff on 08 July 2015 About this guidance An overview of appeals Appeals relating to immigration enforcement investigation cases The

More information

The criminal justice system: landscape review

The criminal justice system: landscape review Report by the Comptroller and Auditor General The criminal justice system: landscape review HC 1098 SESSION 2013-14 7 MARCH 2014 4 Key facts The criminal justice system: landscape review Key facts 8m 17.1bn

More information

ORAL STATEMENT ON ACCESS TO JUSTICE REVIEW FINAL REPORT: 13 SEPTEMBER 2011

ORAL STATEMENT ON ACCESS TO JUSTICE REVIEW FINAL REPORT: 13 SEPTEMBER 2011 ORAL STATEMENT ON ACCESS TO JUSTICE REVIEW FINAL REPORT: 13 SEPTEMBER 2011 Members will have heard me speak previously, in this chamber and elsewhere, of the opportunities that the devolution of justice

More information

CRIMINAL JUSTICE (SCOTLAND) BILL

CRIMINAL JUSTICE (SCOTLAND) BILL CRIMINAL JUSTICE (SCOTLAND) BILL EXPLANATORY NOTES (AND OTHER ACCOMPANYING DOCUMENTS) CONTENTS As required under Rule 9.3 of the Parliament s Standing Orders, the following documents are published to accompany

More information

Crimes (Serious Sex Offenders) Act 2006 No 7

Crimes (Serious Sex Offenders) Act 2006 No 7 New South Wales Crimes (Serious Sex Offenders) Act 2006 No 7 Contents Part 1 Part 2 Preliminary Page 1 Name of Act 2 2 Commencement 2 3 Objects of Act 2 4 Definitions 2 5 Definitions of serious sex offence

More information

It s time to shift gears on criminal justice VOTER

It s time to shift gears on criminal justice VOTER It s time to shift gears on criminal justice VOTER TOOLKIT 2014 Who are the most powerful elected officials most voters have never voted for? ANSWER: Your District Attorney & Sheriff THE POWER OF THE DISTRICT

More information

Increasing the Magistrates Court fine limit Equality Impact Assessment

Increasing the Magistrates Court fine limit Equality Impact Assessment Increasing the Magistrates Court fine limit Equality Impact Assessment Introduction The Ministry of Justice tabled Government amendments at the Commons Report stage of the Legal Aid, Sentencing and Punishment

More information

Questionnaire on principles of public prosecution as regards juvenile justice for Consultative Council of European Prosecutors (CCPE)

Questionnaire on principles of public prosecution as regards juvenile justice for Consultative Council of European Prosecutors (CCPE) THE REPUBLIC OF CROATIA THE OFFICE OF THE STATE ATTORNEY GENERAL OF THE REPUBLIC OF CROATIA No: A-14/10 Zagreb, 11th January 2010 MK/SP SUBJECT: Questionnaire on principles of public prosecution as regards

More information

Select Committee Submission: Prisoners and Victims Claims (Continuation and Reform) Amendment Bill justspeak.org.nz

Select Committee Submission: Prisoners and Victims Claims (Continuation and Reform) Amendment Bill justspeak.org.nz Select Committee Submission: Prisoners and Victims Claims (Continuation and Reform) Amendment Bill justspeak.org.nz Select Committee Submission: Prisoners and Victims Claims (Continuation and Reform) Amendment

More information

There to help. Paper B: Legislation Review. Police and Criminal Evidence Act 1984 (PACE) PACE Codes of Practice

There to help. Paper B: Legislation Review. Police and Criminal Evidence Act 1984 (PACE) PACE Codes of Practice Police and Criminal Evidence Act 1984 (PACE) The PACE system is divided into the Act itself, the Codes of Practice which are not law and the Notes for Guidance which are technically not part of the Codes

More information

Mediation in Juvenile Criminal Cases - The Case of Catalonia Jaime Martín - José Dapena

Mediation in Juvenile Criminal Cases - The Case of Catalonia Jaime Martín - José Dapena Mediation in Juvenile Criminal Cases - The Case of Catalonia Jaime Martín - José Dapena Over the last forty years, changes in Europe in the sphere of the juvenile justice system have allowed for a progressive

More information

MANCHESTER CITY COUNCIL REPORT FOR INFORMATION. The work of the Criminal Justice System

MANCHESTER CITY COUNCIL REPORT FOR INFORMATION. The work of the Criminal Justice System MANCHESTER CITY COUNCIL REPORT FOR INFORMATION Committee: Citizenship and Inclusion Overview and Scrutiny Committee Date: October 2007 Subject: Report of: The work of the Criminal Justice System Maureen

More information

Street Bail. Head of Custody. OBSU Policy Unit

Street Bail. Head of Custody. OBSU Policy Unit PD 524 Type of Document: Street Bail Procedure Version: 1.4 Registered Owner: Author: Head of Custody OBSU Policy Unit Effective Date: July 2014 Review Date: July 2016 Replaces document (if applicable)

More information

Our Commitment to Victims

Our Commitment to Victims Our Commitment to Victims September 2014 We need to do more to help victims of crime navigate the criminal justice system, access the information and support they need, protect vulnerable victims and witnesses

More information

2014 No. 1652 EDUCATION, ENGLAND. The Special Educational Needs (Personal Budgets) Regulations 2014

2014 No. 1652 EDUCATION, ENGLAND. The Special Educational Needs (Personal Budgets) Regulations 2014 S T A T U T O R Y I N S T R U M E N T S 2014 No. 1652 EDUCATION, ENGLAND The Special Educational Needs (Personal Budgets) Regulations 2014 Made - - - - 24th June 2014 Coming into force - - 1st September

More information

Abusive Behaviour and Sexual Harm (Scotland) Bill [AS AMENDED AT STAGE 2]

Abusive Behaviour and Sexual Harm (Scotland) Bill [AS AMENDED AT STAGE 2] Abusive Behaviour and Sexual Harm (Scotland) Bill [AS AMENDED AT STAGE 2] Section CONTENTS PART 1 ABUSIVE BEHAVIOUR Abusive behaviour towards partner or ex-partner 1 Aggravation of offence where abuse

More information

SUMMARY INFORMATION ON PROBATION IN ENGLAND AND WALES

SUMMARY INFORMATION ON PROBATION IN ENGLAND AND WALES SUMMARY INFORMATION ON PROBATION IN ENGLAND AND WALES General Information Number of inhabitants: 54.98 million at December 2009. 1 Prison population rate per 100,000 inhabitants: 153. Link to Probation

More information

Victims of Crime. support and advice in Gloucestershire CRIMINAL JUSTICE SYSTEM

Victims of Crime. support and advice in Gloucestershire CRIMINAL JUSTICE SYSTEM 3 Victims of Crime support and advice in Gloucestershire The police will pass information about you to Victim Support so that they can offer you help and support, unless you ask the police not to. The

More information

MODEL LAW ON JUVENILE JUSTICE

MODEL LAW ON JUVENILE JUSTICE MODEL LAW ON JUVENILE JUSTICE Drawn up by the Centre for International Crime Prevention United Nations, Vienna International Centre, P.O. Box 500, A-1400 Vienna, Austria Tel : (43-1) 21345-4272; Fax :

More information

Dangerous Dog Offences Definitive Guideline DEFINITIVE GUIDELINE

Dangerous Dog Offences Definitive Guideline DEFINITIVE GUIDELINE Dangerous Dog Offences Definitive Guideline DEFINITIVE GUIDELINE Contents Applicability of guideline 2 Owner or person in charge of a dog dangerously out of control in a public place, injuring any person

More information

Guidance on health and character

Guidance on health and character Guidance on health and character Who is this document for?... 2 About the structure of this document... 2 Section 1: Introduction... 4 About us (the HPC)... 4 How we are run... 5 About registration...

More information

Anti-social Behaviour, Crime and Policing Act 2014: Reform of anti-social behaviour powers Statutory guidance for frontline professionals

Anti-social Behaviour, Crime and Policing Act 2014: Reform of anti-social behaviour powers Statutory guidance for frontline professionals Anti-social Behaviour, Crime and Policing Act 2014: Reform of anti-social behaviour powers Statutory guidance for frontline professionals July 2014 Contents Introduction... 1 Part 1: Putting victims first...

More information

Compulsory Drug Treatment Correctional Centre Act 2004 No 42

Compulsory Drug Treatment Correctional Centre Act 2004 No 42 New South Wales Compulsory Drug Treatment Correctional Centre Act 2004 No 42 Contents Page 1 Name of Act 2 2 Commencement 2 3 Amendment of Drug Court Act 1998 No 150 2 4 Amendment of Crimes (Sentencing

More information

SENATE, No. 297 STATE OF NEW JERSEY. 210th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2002 SESSION

SENATE, No. 297 STATE OF NEW JERSEY. 210th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2002 SESSION SENATE, No. STATE OF NEW JERSEY 0th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 00 SESSION Sponsored by: Senator JAMES S. CAFIERO District (Cape May, Atlantic and Cumberland) SYNOPSIS Modifies eligibility

More information

REHABILITATION OF OFFENDERS CHAPTER 100 REHABILITATION OF OFFENDERS ARRANGEMENT OF SECTIONS

REHABILITATION OF OFFENDERS CHAPTER 100 REHABILITATION OF OFFENDERS ARRANGEMENT OF SECTIONS [CH.100 1 CHAPTER 100 LIST OF AUTHORISED PAGES 1-2 LRO 1/2008 3-12 Original 13-14 LRO 1/2008 15 Original SECTION ARRANGEMENT OF SECTIONS 1. Short title. 2. Interpretation. 3. Rehabilitated persons and

More information

Key-Practitioners' Report of

Key-Practitioners' Report of Specific Programme Criminal Justice European Commission Directorate-General Justice Directorate B: Criminal Justice INSTITUTE OF CONFLICT RESOLUTION SOFIA - BULGARIA Key-Practitioners' Report of GERMANY

More information

CROWN OFFICE AND PROCURATOR FISCAL SERVICE PROSECUTION CODE. Page 13. Arabic Bengali Chinese Hindi Punjabi Urdu

CROWN OFFICE AND PROCURATOR FISCAL SERVICE PROSECUTION CODE. Page 13. Arabic Bengali Chinese Hindi Punjabi Urdu CROWN OFFICE AND PROCURATOR FISCAL SERVICE PROSECUTION CODE Page 13 Arabic Bengali Chinese Hindi Punjabi Urdu > STRATEGIC AIM AS A DEPARTMENT OF THE SCOTTISH EXECUTIVE, WE AIM TO PLAY A PIVOTAL ROLE IN

More information

THE YOUTH CRIMINAL JUSTICE ACT: SUMMARY AND BACKGROUND. Department of Justice Canada. Ministère de la Justice Canada

THE YOUTH CRIMINAL JUSTICE ACT: SUMMARY AND BACKGROUND. Department of Justice Canada. Ministère de la Justice Canada S E R V I N G C A N A D I A N S THE YOUTH CRIMINAL JUSTICE ACT: SUMMARY AND BACKGROUND Department of Justice Canada Ministère de la Justice Canada Permission to reproduce Information contained in this

More information

Theft Offences Definitive Guideline DEFINITIVE GUIDELINE

Theft Offences Definitive Guideline DEFINITIVE GUIDELINE Theft Offences Definitive Guideline DEFINITIVE GUIDELINE Contents Applicability of guideline 2 General theft 3 (all section 1 offences excluding theft from a shop or stall) Theft Act 1968 (section 1) Theft

More information

S G C. Overarching Principles: Seriousness. Guideline. Sentencing Guidelines Council

S G C. Overarching Principles: Seriousness. Guideline. Sentencing Guidelines Council S G C Sentencing Guidelines Council Overarching Principles: Seriousness Guideline FOREWORD In accordance with the provisions of section 170(9) Criminal Justice Act 2003, the Sentencing Guidelines Council

More information

PROGRAM AUTHORIZATION

PROGRAM AUTHORIZATION PROGRAM AUTHORIZATION A Restorative Justice Program as set out in the document Restorative Justice: A Program for Nova Scotia, Department of Justice, attached as Schedule "A" ("the Program"), is hereby

More information

Council Tax Reduction Anti-Fraud Policy

Council Tax Reduction Anti-Fraud Policy Council Tax Reduction Anti-Fraud Policy Richard Davies Head of Revenues and Benefits, Torfaen Head of Benefits, Monmouthshire April 2015 1 Contents Section 1. 3 Background 3 Legislation and Governance

More information

Cooperation with the International Criminal Court Act (2002:329)

Cooperation with the International Criminal Court Act (2002:329) Cooperation with the International Criminal Court Act (2002:329) Issued: 8 May 2002 Entered into force: 1 July 2002 General provisions Section 1 If the Court established under the Rome Statute of the International

More information

Liberty s response to the National Policing Improvement Agency Equality & Privacy Impact Assessments: MIDAS & Lantern Mobile Fingerprinting Projects

Liberty s response to the National Policing Improvement Agency Equality & Privacy Impact Assessments: MIDAS & Lantern Mobile Fingerprinting Projects Liberty s response to the National Policing Improvement Agency Equality & Privacy Impact Assessments: MIDAS & Lantern Mobile Fingerprinting Projects September 2009 About Liberty Liberty (The National Council

More information

Assault Definitive Guideline DEFINITIVE GUIDELINE

Assault Definitive Guideline DEFINITIVE GUIDELINE Assault Definitive Guideline DEFINITIVE GUIDELINE Assault Definitive Guideline 1 Contents Applicability of guideline 2 Causing grievous bodily harm with intent to do grievous bodily harm/wounding with

More information

Mutual Legal Assistance (International)

Mutual Legal Assistance (International) Mutual Legal Assistance (International) 2005-32 MUTUAL LEGAL ASSISTANCE (INTERNATIONAL) ACT 2005 Principal Act Act. No. 2005-32 Commencement 23.5.2005 Assent 23.5.2005 Amending enactments Relevant current

More information

Indecent photographs of children

Indecent photographs of children Sexual Offences Guideline Consultation 251 Possession of indecent photograph of child Criminal Justice Act 1988 (section 160) Triable either way Maximum: 5 years custody Offence range: Community order

More information

ALLERDALE BOROUGH COUNCIL SECTION. FOOD HYGIENE POLICY & PROCEDURES

ALLERDALE BOROUGH COUNCIL SECTION. FOOD HYGIENE POLICY & PROCEDURES ALLERDALE BOROUGH COUNCIL SECTION. FOOD HYGIENE POLICY & PROCEDURES PAGE Food Safety Enforcement Policy Revision No: 0 Date: January 2002 Authorised Signature: FHP... 1. Purpose This document establishes

More information

Legislative Brief The Code of Criminal Procedure (Amendment) Bill, 2006

Legislative Brief The Code of Criminal Procedure (Amendment) Bill, 2006 Legislative Brief The Code of Criminal Procedure (Amendment) Bill, 2006 The Bill was introduced in the Rajya Sabha on August 23, 2006. The Bill has been referred to the Parliamentary Standing Committee

More information

Making a Victim Personal Statement

Making a Victim Personal Statement Making a Victim Personal Statement Your chance to explain how the crime has affected you VPS. Every crime has a victim. Every victim deserves a voice. Contents About this leaflet 01 About the VPS 03 How

More information

The Youth Rehabilitation Order and other Youth Justice Provisions of the Criminal Justice and Immigration Act 2008

The Youth Rehabilitation Order and other Youth Justice Provisions of the Criminal Justice and Immigration Act 2008 Youth Justice Board The Youth Rehabilitation Order and other Youth Justice Provisions of the Criminal Justice and Immigration Act 2008 Practice guidance for youth offending teams Contents Introduction

More information

FROM CHARGE TO TRIAL: A GUIDE TO CRIMINAL PROCEEDINGS

FROM CHARGE TO TRIAL: A GUIDE TO CRIMINAL PROCEEDINGS FROM CHARGE TO TRIAL: A GUIDE TO CRIMINAL PROCEEDINGS If you are experiencing, or have experienced, domestic violence and/or sexual violence there are a number of ways the law can protect you. This includes

More information

Queensland. Working with Children (Risk Management and Screening) Act 2000

Queensland. Working with Children (Risk Management and Screening) Act 2000 Queensland Working with Children (Risk Management and Screening) Act 2000 Current as at 2 January 2015 Information about this reprint This reprint shows the legislation current as at the date on the cover

More information

CAYMAN ISLANDS. Supplement No. 9 published with Extraordinary Gazette No. 53 of 17th July, 2015. DRUG REHABILITATION COURT LAW.

CAYMAN ISLANDS. Supplement No. 9 published with Extraordinary Gazette No. 53 of 17th July, 2015. DRUG REHABILITATION COURT LAW. CAYMAN ISLANDS Supplement No. 9 published with Extraordinary Gazette No. 53 of 17th July, 2015. DRUG REHABILITATION COURT LAW (2015 Revision) Law 26 of 2006 consolidated with 19 of 2012. Revised under

More information

CRIMINAL LAW & YOUR RIGHTS MARCH 2008

CRIMINAL LAW & YOUR RIGHTS MARCH 2008 CRIMINAL LAW & YOUR RIGHTS MARCH 2008 1 What are your rights? As a human being and as a citizen you automatically have certain rights. These rights are not a gift from anyone, including the state. In fact,

More information