How the police make decisions

The police will gather all information about the alleged offence. They will use this to make decision on how to proceed. They will base the decision on the basis of:

• the quality of the evidence
• the seriousness of the offence
• is prosecution in the public interest
• the likelihood of getting a conviction

For less serious crimes, the police may release the young person. This is when they are RUI, Released Under Investigation. They will then gather more evidence. For more serious crimes, the young person may stay in custody until they go to court.

How a child may be dealt with if the Police proceed with action.

Out of Court Resolutions (OoCR) – When you don’t have to go to court

For some minor offences, children and young people might not have to go to court. If they admit to the offence, the police might give them a Community Resolution (CR) for minor offences. This means the police will handle the matter without formal prosecution. It could involve a simple apology or paying for any damage caused.

If this isn't possible, the young person's case will go to an OoCR Panel meeting. At this meeting, there will be representatives from:

• Devon & Cornwall Police
• TYJS
• Children's Services
• the local community
• other relevant agencies

Before the meeting, a worker from TYJS will meet the young person and their parents or carers. They will gather information from professionals involved and carry out an assessment. This assessment will be presented to the OoCR Panel to help decide what to do next.

Possible disposal decisions that could be made at a OoCR panel

• No Further Action (NFA)
• Community Resolution
• Outcome 21
• Outcome 22
• Youth Caution
• Youth Conditional Caution
• Referred back to the Police for consideration prosecution

 Court Proceedings – What happens at court

If the child or young person cannot be dealt with by the means above, they may be ‘charged to court’. This basically means they get a date to appear court. Youth Court is a specialist court for children. Youth Courts are less formal than adult courts. Children are called by their first names. The judge or magistrates will speak directly to the child and may ask questions. Youth Courts are specially designed to:

• make it easier for children to understand what is happening
• help children feel less intimidated by their surroundings

Cases can be heard by one district judge (DJ) or three lay magistrates.

Children under 16 must attend with a parent or carer. Sixteen and seventeen year olds may attend with a parent, carer or someone to support them. The parent, carer or supporting adult should sit next to their child. They should remain seated throughout the proceedings.

Most children will go to the Youth Court unless:

• they have been refused bail by the police, and
• there is no youth court available

In these cases, they will go to the adult magistrates’ court for a decision on bail. They will then go there to the next Youth Court.

A child jointly charged with an adult will go to the adult magistrates’ court for their first appearance.

At the first appearance the court will usually ask the child if they are guilty or not guilty. If it is a serious crime, the court will decide which court will hear the case. More serious cases may go to the Crown Court. Most cases will stay in the Youth Court.

This video explains what youth court looks like and what happens there.