Pre-court penalties
TheSite.org looks at what could happen to you if you break the law and manage to avoid the court room. Find out about everything from police warnings to pre-court orders if you're under the age of 21.
Reprimand and final warning
If you are 17 or under, as a result of the 1998 Crime and Disorder Act, instead of a caution (which is given to adults), you could receive a 'reprimand' and 'final warning'. These will be given at a police station and any victim of the offence will be informed in writing if this happens.
The reprimand or final warning must be given verbally in the presence of your parent, guardian or an appropriate adult. You will also receive some written information explaining the implications of the reprimand or final warning.
The police take certain factors into consideration in deciding whether to reprimand or give a final warning for an offence. These include:
- The seriousness of the offence and;
- Your offending history.
If you are aged 10 to 17 you may get:
- A reprimand for your first offence;
- A final warning for your second offence;
- Charges for your third offence (unless this offence was committed more than two years after the final warning was issued).
A record of the final warning will be kept by the police until you are 18 or the final warning is more than five years old, whichever is longer.
If you have received a final warning, you will be referred to a Youth Offending Team to be assessed on whether you'll need to take part in a change programme.
Police caution
If you are aged 18 to 21 you could receive a caution if you admit you're guilty of first-time minor offences. Police will only be able to issue a caution if:
- There's enough evidence that you are guilty;
- You are over the age of 18;
- You admit to the offence;
- You consent to the caution. If you don't, you may be charged.
There are two types of caution; informal and formal. The informal one is a verbal warning and won't give you a criminal record. This will normally be given at a police station.
The Criminal Justice Act 2003 introduced a new statutory system of cautioning, called conditional cautions. These haven't replaced non-statutory police cautions, but are an alternative option to address the effects of the offence on the victim or community. If you're over the age of 18 they are given to you by a police constable, investigating officer, or person authorised by the prosecutor if:
- There is enough evidence you've committed an offence;
- You admit the offence;
- You sign a document setting out details of your offence, an admission, consent to the caution and the attached conditions.
A caution is not a conviction, but it could be mentioned in any future court proceedings. The police caution will be recorded on the Police National Computer and can be taken into consideration by a court if you are convicted and sentenced for a further offence.
Pre-court orders
There are other methods that can be used instead of going to court. These include:
- Anti-Social Behaviour Order (Asbo): Asbos can be given to anyone 10 years of age or over for causing distress or harassment to someone or the community. Asbos are civil, not criminal, although breaches are punishable by up to five years in prison;
- Acceptable Behaviour Contract: A local authority and youth offending team will identify a young person who is behaving anti-socially at a low level. The young person and their parents/carers agree a contract under which the offender agrees to stop their offending behaviour;
- Curfew Order: This order is given to a young offender for a period of between two and 12 hours a day. The curfew can last no longer than six months for those aged 16 and over.
- Youth Inclusion Programmes (YIPs): This is a voluntary crime diversionary programme for 13 to 16 year-olds who have been involved in crime or are identified as being most at risk of offending, truancy, or social exclusion.
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