What are Out of Court Disposals?
Young people between the age of 10 and 18 may be eligible for either a Youth Restorative Disposal, Youth Caution or Youth Conditional Caution. After your arrest or voluntary interview by police each case is reviewed and subject to a joint decision making process between Thames Valley Police and the Slough Youth Offending Team (YOT).
This ensures that the most appropriate disposal and level of support is offered to you in order to reduce the risk of committing further offences in the future.
The decision may be on of the following:
- Youth Restorative Disposal (YRD)
- Youth Caution (YC)
- Youth Conditional Caution (YCC)
- Charged to attend Court
In relation to any of these Out of Court Disposals you may be referred to Slough YOT, which includes a range of professionals from social care, police, education, and the health authority, all of whom are trained to provide you with support.
What is a Youth Restorative Disposal (YRD)?
A YRD is a local police warning held on a local police database. This may in certain circumstances mean that an assessment is completed with you and the YOT may offer you some additional support to help you stop offending in the future. You may be eligible for a YRD if this is your first offence, if you have admitted responsibility for the offence and if the offence is not serious. Any further offending may result in a more serious outcome.
What is a Youth Caution (YC)?
A YC is a formal Police Caution details of which will be held on the Police National Computer. This is not a criminal conviction but is a criminal record which you may need to declare on certain job applications which require you to have a Criminal Records Check via the Disclosure and Barring Service (DBS)*
A YC may be given to you if this is your first offence, if it is not a serious offence and you have admitted responsibility for the offence. The YC will be delivered to you by a police officer usually at the police station. You may be offered some further support to help you stop offending in the future. This caution could be disclosed to a Court in any future criminal proceedings.
What is a Youth Conditional Caution (YCC)?
A YCC is a formal Police Caution details of which will be held on the Police National Computer. This is not a criminal conviction but is a criminal record which you may need to declare on certain job applications which require you to have a Criminal Record Check via Disclosure and Barring Service (DBS)*check.
To be eligible and offered a YCC and not attend Court you must not have denied the offence in a police interview. Before your police bail date the YOT will contact you and complete an assessment with you. From these details they will devise an intervention programme which includes conditions of your cautions. This may include the following:
- Compensation which will be payable to the victim of the crime
- Offending Behaviour sessions
- Victim Awareness sessions
- Substance misuse sessions
- Positive Activities
- Consequences of further offending sessions
- Gang/serious youth violence workshops
- Weapons awareness workshops
- Referral to other agencies
- Restorative Justice conference
- Other relevant interventions
The YCC will be delivered to you by a police officer usually at a police station. You may be offered some further support to help you stop offending in the future. These conditions are not voluntary and your compliance will be monitored by Slough YOT. Failure to complete the interventions (without good cause) may result in the withdrawal of the offer of a YCC and you may be prosecuted for the original offence. You may decide at any stage to withdraw from the YCC whether it is before, during or after it has been administered. If you take this course of action you may be prosecuted for the original offence.
What is a charge?
This means that the police have decided your offence is so serious it needs to be dealt with in Court. The police will give you a date to appear in Court for the offence you have been charged with. If you are found guilty you may be made subject to a community sentence or a custodial sentence.
How long will I have to declare a youth caution or youth conditional caution on a criminal record DBS check?
A Youth Caution and Youth Conditional Caution will not be disclosed after two years have elapsed since the date of the offence and if it is your only offence unless it appears on the list of offences relevant to safeguarding.
*Criminal Record Checks are required if you apply for certain jobs either paid or unpaid where that organisation requires you to have a Criminal Record Check via the Disclosure and Barring Service (DBS check). The details of a Youth Caution can be made available to that organisation via Standard or Enhanced Disclosure Certi cate. DBS checks may be requested by an employer for jobs or voluntary work where you work with children and other vulnerable people as well as other jobs involving a high level of trust.
Legislation is sometimes subject to change. If you require any further advice regarding this matter in the future or are not sure if you need to declare it on an application form you are advised to see advice from a solicitor or NACRO Freephone 0800 0181 259.