5. The police and the young offender

That part of the law dealing with the treatment and punishment of young offenders has always been the subject of controversy and it was only in 1908 that Juvenile Courts were created. Nevertheless it is in this area of legislation that the exercise of discretion by the police is most apparent.

Prior to 1968 it was standard practice of police to charge all juve­nile offenders in the same way as adults.

In 1984 there were changes in the procedure for dealing with ju­venile offenders, which meant that the Metropolitan Police began to divert young offenders who had not committed serious offences from the process of prosecution, in order to avoid attaching the stigma of being labelled as a criminal to a young person from an early age.

The Crown Prosecution Service now makes the final decision as to whether a juvenile recommended for prosecution by police should go to court.

Under the present system, when ajuvenile is arrested for a crime he or she is brought to a police station and his or her parents or guard­ian are sent for. The Custody Officer will then establish whether there is sufficient evidence to ensure the likelihood of a conviction before a court. If there is not sufficient evidence to make such an outcome likely, then the juvenile will be released into the custody of his or her parents, having been warned about his or her conduct if necessary, and no further action will be taken. If however, there is sufficient evidence to make a conviction before a court likely, this does not necessarily mean that the offender will be prosecuted.

If the offence is particularly trivial, he or she may still be warned about his or her behaviour and released. Again, no further action will be taken in the case. However, if the offence is not trivial, an imme­diate formal caution may be given; provided that the offender admits his guilt, has not previously been given a caution and his or her pa­rents agree to the caution being administered. In fact, it is only in very serious cases that a juvenile offender may be charged straight away. In most other instances the case is referred to the Youth and Com­munity Section where, after consultation with other agencies and possi­bly a home visit, a decision will be made either to formally caution the offender or to prosecute. In many areas of London cases are now referred to a Juvenile Panel where Social Services, Probation, Edu­cation, Welfare and other agencies make recommendations to police about particular cases. Sometimes the panel may be able to provide assistance to the offender or some diversionary activities to prevent reoffending.

All formal cautions are carried out by a senior police officer of the rank of uniformed Inspector or above, and any such caution may be brought to the attention of the Magistrate should the young offender be subsequently convicted of another offence. Although a young of­fender may be cautioned more than once, he or she may also go to court the first time he or she comes to notice if the offence is serious.

The system means that every case is now decided upon its indi­vidual merits, taking into account both the nature of the offence and the individual concerned. In deciding whether a young offender will benefit best from informal advice, a caution or a prosecution, police discretion plays an important role in the future of that individual. The police hope that no juvenile should ever commit an offence. Should one do so, however, it is now hoped that he or she can be persuaded not to offend again.