Option 1 Restorative Youth Conferencing

ANNEX B OPTION 1 – RESTORATIVE YOUTH CONFERENCING

An administrative process within the youth justice system covering the full range of alleged crimes by under-18s including those characterised as antisocial behaviour

STAGE 1: STAGE 2 : STAGE 3: DIVERSIONARY STAGE 4: COURT STAGE 5: POLICE CPS CONFERENCE (IF CPS REFERS (IF CPS OPTS TO COURT- FOR THIS) PROSECUTE) ORDERED CONFERENCE 1. Police retain 1. Where YOT 1. Diversionary RJ Conference based on 1. CPS can decide to 1. Court-ordered discretion in recommends thorough preparation as in N. Ireland. prosecute if child does conference minor cases to prosecution, file Conference leader studies and asks not admit offence; child proceeds as in give informal passed to CPS. questions about YOT and CPS reports, admits offence but CPS stage 3 warning or (There is current ASSET, CAF and PNC record, meets child, exercise discretion to (diversionary youth piloting of police parents and victim (strongly encouraging prosecute in a most conference) except restorative taking back their attendance) and consults community serious case (see stage that agreed disposal (YRD) prosecution reparation organiser. 2); child has had conference plan or or decide on no decisions in diversionary conference (exceptional) failure further action summary-only 2. Conference attended by leader, child, but it could not agree a to agree one are (NFA). cases. If this parent/guardian/appropriate adult, victim if plan; conference agreed returned to court becomes willing and YOT officer. Also at leader’s a plan but CPS do not not CPS. Either 2. Where police permanent, for discretion victim’s representative or accept it; or conference way, conference consider youth ‘CPS’ read ‘CPS or supporter, child’s or family’s supporter, agreed a plan but child report to be justice system police as youth advocate/ interpreter and other without reasonable accompanied by (YJS) caution appropriate’ in this agency closely involved with the child e.g. excuse persistently any relevant YOT (reprimand, final document) social services or teacher/education failed to carry it out. pre-sentence report warning, youth service and in serious conditional 2. CPS’ overall 2. All prosecuted cases caution (YCC)) options are to 3. Child entitled to be advised and children go to court for psychological, or prosecution decide NFA (e.g. accompanied by a lawyer at all stages, trial or sentence as psychiatric or or referral to a because although the conference leader would appropriate in their medical reports. preventative prosecution or encourage the child’s direct case. Normally they go service may be equivalent not in participation/communication with them.. to the youth court. The 2. Continuity of needed, YOT public interest); Legal aid entitlement decided on ‘interests main report proposes bench strongly carries out refer back to YOT of justice’ test. improvements to its encouraged. triage and/or police to standard arrangements assessment at consider/ 4. Conference aims through engagement to promote participant 3. Court can police station. reconsider one or to understand crime, its background and understanding and accept, amend more of their impact and child’s social background; engagement. (with agreement of 3. YOT alternative options; identify options for child, family, victim and child and where recommends to or decide the case community; and agree plan of 3. For cases which relevant victim or police a YJS is in principle actions/interventions proportionate to the would currently go to the parents) or reject caution or minor prosecutable – offence, lasting for up to 12 months, to Crown Court, the main conference plan. case disposal i.e. .passes the tackle the behaviour, its impact and the report proposes a (Amendment is as above; itself standard evidential child’s relevant social and welfare needs. strengthened youth appropriate refers to a and public interest court. response if preventative tests and is not 5. Options for plan include apology; proposed plan is service; or suitable for one of reparation (to victim or community, can 4. After guilty plea or disproportionate) recommends the alternative include unpaid work for older children); conviction, court MUST prosecution to options payment to victim for replacement/repair; refer to court-ordered 4. If conference the CPS. adult supervision; education/training; RJ conference if: plan or amended 3. If case is ‘in participation in activities/programmes; (a) child now admits plan is agreed, it 4. YOT principle proportionate restrictions on conduct or offence and agrees to becomes the consideration prosecutable’, CPS whereabouts; and, subject to child, conference: and court’s sentence. based on MUST refer it to parental and relevant agency agreement: (b) offence not in the ASSET diversionary RJ electronic monitoring; treatment for mental ‘most serious’ group as 5. Conviction and assessment tool conference if: health issues and/or drug/alcohol defined in column 2 sentence records - a recent one if (a) child has dependency; and parental actions treated in the same the child is admitted offence 5. Court MAY order way as in column 3. already known and agreed to 6. Conference leader or Conference itself conference for a most to them or a conference; and can also refer child on voluntary basis for serious offence if : 6. If, exceptionally, new one (b) offence not in work by preventative services, or refer to (a) child now admits conference itself completed the ‘most serious’ children’s social services for them to offence and has agreed cannot agree a within 24 hours group ( i.e, murder, consider under s47 Children Act 1989 to conference; and plan the case is (with action on manslaughter, ‘whether they should take any action to (b) court believes case returned to court case deferred terrorism, hijacking, safeguard or promote the child’s welfare’. suitable for RJ which sentences meanwhile); and causing explosions, conference taking for the offence. local authority rape, kidnapping, 7. Conference leader highly trained lay account of mitigating CAF abduction, GBH person/professional appointed and features (including but 7. If plan not being assessment if with intent or employed by the local authority not confined to those in properly carried out available. attempts to commit independently of the YOT. Plan Column 2) and potential YOT supervisor these offences. implementation led by YOT, using its own value and viability of the issues warning, 5. If there is no staff and calling on other relevant agencies RJ process. provides extra CAF, YOT 4. CPS MAY refer to contribute as appropriate through their support. For commence one to diversionary RJ general statutory duty to co-operate to 6. If court DECLINES to persistent failures to inform future conference if: improve wellbeing (s.10 Children Act refer a discretionary YOT supervisor action including, (a) child has 2004). case to a conference it returns case to potentially, CPS admitted offence proceeds to sentence. court. Subject to decisions. and agreed to 8. Once agreed, plan returned to CPS for Sentencing options as determination of conference; and approval. If not approved, conference now, subject to custody dispute over 6. System of (b) offence is in the leader can offer revision with consent of being the genuine last whether persistent YJS cautions ‘most serious’ group child and where appropriate victim and resort, with an failure had (reprimand, final but with mitigating parents. If, exceptionally, still not approved appropriate change to occurred and warning and features eg: minor CPS prosecute. the statutory custody whether child had YCC) to be role in group threshold. reasonable excuse, made more offence, past 9. Reflecting administrative status of (b) In appropriate the court would flexible (see victimisation has conferences, an agreed plan is not a cases, court has ability consider main report). contributed to criminal sanction and results in no publicly to order an RJ amending the plan current offence or disclosable criminal record (except re conference to be held or if it is clear that child’s enhanced disclosure). Police retain details either before it no amended plan developmental age of offence and plan, which may be used for sentences or during the would be is well below their criminal intelligence purposes and where sentence – if custodial completed, chronological age - admissible quoted/cited in any subsequent sentence, for completion resentencing significantly court or conference proceedings. by or after release. reducing their capacity to 10. If plan not being properly carried out distinguish right YOT supervisor issues warning/ provides from wrong or to extra support. For persistent failures YOT understand a court supervisor returns case to CPS, who trial. (subject to any child representations that they had not breached or had reasonable 5. CPS decision excuse) can prosecute or invite YOT takes account of supervisor to consider changing the plan. YOT’s ASSET plus existing or newly- prepared CAF.

6. Charge/prosecution to be stayed at point of referral to conference.

OPTION 2 – LAY YOUTH JUSTICE PANEL

An administrative process within the youth justice system covering the full range of alleged crimes by under18s including those characterised as antisocial behaviour

STAGE 1 : STAGE 2 : CPS STAGE 3 : YOUTH JUSTICE STAGE 4 : STAGE 5 : POLICE PANEL (YJP) COURT (IF CPS WHERE OPTS TO COURT PROSECUTE) REFERS TO YJP Police retain 1. Where YOT 1. YJP hearing date set. Panel made up of 1. CPS can decide to 1. Court- discretion in recommends trained volunteers (some of whom may already prosecute if child ordered panel minor cases to prosecution, file have relevant expertise). Panels held in does not admit proceeds as in give informal passed to CPS. existing community buildings at times to offence; child admits stage 3 (CPS– warning or youth (There is current encourage lay involvement eg evenings, offence but CPS referred panel). restorative piloting of police weekends in school or community centre. exercise discretion to An agreed plan disposal (YRD) or taking back Panels to be diverse and drawn from local prosecute in a most can be put into decide on no prosecution community. serious case (see effect further action decisions in stage 2); child has straightaway; it (NFA). summary-only 2. YOT case manager contacts relevant parties been to panel but it does not have cases. If this to prepare: victim, encouraging attendance could not agree a to be referred 2. Where police becomes with supporter at appropriate part of panel plan; or panel agreed to the court for consider YJS permanent, for meeting; parent(s)/carer(s), to encourage a plan but child approval. caution ‘CPS’ read ‘CPS or attendance and establish whether and how without reasonable (reprimand, final police as they might be able contribute at and after the excuse persistently 2. If agreed warning, youth appropriate’ in this panel meeting; other agencies as necessary, failed to carry it out. conference conditional document) to establish what services can be provided to plan is caution (YCC)) or meet child’s needs indicated by CAF e.g. 2. All prosecuted successfully prosecution or 2. CPS’ overall drug/mental health treatment/therapy, children go to court completed, the referral to a options are to provision for child not in full-time education. for trial or sentence court’s final preventative decide NFA (e.g. as appropriate in their decision is service may be because 3. YOT case manager provides panel with case. Normally they deemed to be needed, YOT prosecution or dossier: YOT and CPS reports, ASSET, CAF, go to the youth court. referral to the carries out triage equivalent not in PNC record, if victim willing their personal The main report panel and the assessment at public interest); statement. Panel reads in advance and can proposes conviction is police station. refer back to YOT seek factual clarification or additional improvements to its not publicly and/or police to information from case manager. standard disclosable 3. YOT consider/ reconsider arrangements to (except re recommends to one or more of their 4. Meeting attended by lay panel members, promote participant enhanced police a YJS alternative options; child, parent/guardian/appropriate adult, victim understanding and disclosure). caution or minor or decide the case if willing and YOT case manager. Also at engagement. case disposal as is in principle panel’s discretion victim’s representative or 3. As in column above; itself prosecutable – i.e. supporter for appropriate part of hearing, youth 3. For cases which 3, the refers to a passes the standard advocate/ interpreter and other agency closely would currently go to completed plan preventative evidential and public involved with the child e.g. social services or the Crown Court, the is not a criminal service; or interest tests and teacher/education service. main report proposes sentence but recommends not suitable for one a strengthened youth may be used prosecution to of the alternative 5. Child entitled to be advised and court. for police the CPS. options. accompanied by a lawyer at all stages, though intelligence and the panel would encourage the child’s direct 4. After guilty plea or where 4. YOT 3. If case is ‘in participation/communication with them. Legal conviction, court admissible consideration principle aid entitlement decided on ‘interests of justice’ MUST refer to youth quoted/cited in based on ASSET prosecutable’, CPS test. justice panel if: future court or assessment tool - MUST refer it to (a) offence not in the panel a recent one if youth justice panel 6. Panel aims through use of dossier and ‘most serious’ group proceedings. the child is if: discussion, particularly encouraging as defined in column already known to (a) child has contributions from child and family, to 2; and 4. If, them or a new admitted offence; understand crime, its background and impact b) a panel has not exceptionally, one completed and and child’s social background; identify options previously been held panel itself within 24 hours (b) offence not in for child, family, victim and community; and in this case cannot agree a (with action on the ‘most serious’ agree plan of actions/interventions plan the case is case deferred group ( i.e, murder, proportionate to the offence, lasting for up to 5. Court MAY order returned to meanwhile); and manslaughter, 12 months, to tackle the behaviour, its impact panel for a most court which local authority terrorism, hijacking, and the child’s relevant social and welfare serious offence if: sentences for CAF assessment causing explosions, needs. (a) a panel has not the offence. if available. rape, kidnapping, previously been held abduction, GBH 7. Panel could include restorative element (eg in this case 5. If plan not 5. If there is no with intent or invite victim to participate in part of the panel (b) court believes being properly CAF, YOT attempts to commit where the offence is discussed). case now suitable carried out commence one these offences. for one taking YOT supervisor to inform future 8. Panel aims to agree plan with child, similar account of whether issues warning, action including, 4. CPS MAY refer to to conference plan in Option 1 above and the child pleaded provides extra potentially, CPS youth justice panel drawing on the same menu. Emphasis on guilty to or now support. For decisions. if: reparation to victim and community and admits the offence, persistent (a) child has prevention of reoffending by meeting needs mitigating features failures YOT 6. System of YJS admitted offence and giving support. (including but not supervisor cautions and agreed to confined to those in returns case to (reprimand, final conference; and 9. Panel can also agree with child and parent Column 2) and court. Subject warning and (b) offence is in the voluntary family therapy or parenting support. potential value of to YCC) to be made ‘most serious’ group Panel can also refer child on voluntary basis panel. determination more flexible (see but with mitigating for work by preventative services, or refer to of dispute over main report). features e.g: minor children’s social services for them to consider 6. If court DECLINES whether role in group under s47 Children Act 1989 ‘whether they to refer a persistent offence, past should take any action to safeguard or promote discretionary case to failure had victimisation has the child’s welfare’. a panel it proceeds to occurred and contributed to sentence. whether child current offence or 10. Reflecting administrative status of panel, Sentencing options had reasonable child’s an agreed plan is not a criminal sanction and as now, subject to excuse, the developmental age results in no publicly disclosable criminal custody being the last court would is well below their record (except re enhanced disclosure). Police resort – with consider chronological age - retain details of offence and plan, which may appropriate change to amending the significantly be used for criminal intelligence purposes and the statutory custody plan or if it is reducing their where admissible quoted/cited in any threshold clear that no capacity to subsequent court or panel proceedings. amended plan distinguish right would be from wrong or to 11. An agreed plan can be put into effect completed, understand a court straightaway; it does not have to be referred resentencing trial. back to the CPS. If If plan not being properly carried out YOT supervisor issues warning/ 5. CPS decision provides extra support. For persistent failures takes account of YOT supervisor returns case to CPS, who YOT’s ASSET plus (subject to any child representations that they existing or newly- had not breached or had reasonable excuse) prepared CAF. can prosecute or invite YOT supervisor to consider changing the plan. 6. Charge/prosecution to be stayed at point of referral to panel.