If you or your child gets arrested or are voluntarily interviewed by the police about a crime

If you get arrested, you will be taken to a police station, held in custody and then questioned.

You should be notified of your rights when you first arrive at the police station. These rights include:

notification of the parent/carers
access to legal advice
access to police code of practice
meals and breaks

Find out more about your rights when being arrested at GOV.UK

You will be searched and your possessions will be kept by the police until you leave.

If you are under 18

If you are under 18, you have the right to have an adult present and should be allowed to talk to the adult in private. This does not have to be your parent; it can be an Appropriate Adult. The Appropriate Adult will not provide legal advice.

You can be at the police station for up to 24 hours (or 36 to 96 hours for serious offences) therefore it is vital to get legal help and guidance.

A solicitor can help you prepare for the police interview and offer advice.

If you do not have a solicitor

If you do not have a solicitor, then a duty solicitor can be called – please ask the police custody officer.

During questioning, the police will speak to you about the crime you are suspected of. This will be recorded. You do not have to answer questions but there could be consequences if you do not.

The police will read this caution:

You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.

Out-of-Court Disposals (OOCDs) – when you do NOT have to go to court

If you have been arrested for committing a crime or have attended a voluntary police interview you can be considered for an Out of Court Disposal, instead of having to go to court. This will depend on the type of crime and how serious it is.

The below information explains the types of crime outcomes and Out of Court Disposals, outlining what they may mean for you and your criminal record. This information applies to people aged between 10 and 17 years.

The options are:

Outcome 22

This outcome can be used when you have completed educational, intervention and / or diversionary work.
You will need to engage with the Youth Justice Service (YJS) or the Police Early Action Team.
This will result in a ‘No Further Action’ (NFA) outcome but the information about the crime will be kept on police systems and may be disclosed as part of an enhanced Disclosure and Barring Service (DBS) check.

Level of admission: This outcome can be applied if you have given no account (no comment), have admitted guilt or have accepted responsibility for the crime

Youth Community Resolution (YCR)

A Youth Community Resolution is an option for dealing with lower- level crime.
There must be enough evidence that an offence has occurred and you must accept responsibility or admit that you are guilty.
You must agree to be referred to the Youth Justice Service (YJS) who may make contact to assess your needs and offer support.
A YCR can be issued on more than one occasion.
This can only be used once in a five-year period for offences of possession of cannabis and theft from a shop.
The information about the crime will be kept on police systems and may be disclosed as part of an enhanced Disclosure and Barring Service (DBS) check.

Level of admission: This can be applied if you have admitted guilt or have accepted responsibility for the crime

Chance to Change (C2C)

This is a deferred prosecution scheme where young people are set conditions within a three-month contract. The conditions will tackle the cause of the behaviour or the offending and if possible, make amends for what has happened.
You must engage with the Youth Justice Service (YJS).
If you complete the conditions this will result in a ‘No Further Action’ (NFA) outcome but the information about the crime will be kept on police systems and may be disclosed as part of an enhanced Disclosure and Barring Service (DBS) check.
If the conditions are not completed the outcome will change to a Youth Caution (YC) or a Youth Conditional Caution (YCC) (see below). Or you may have to go to court.

Level of admission: This can be applied if you have given no account (no comment), have admitted guilt or have accepted responsibility for the crime or have denied your involvement.

Note: If you don’t complete the conditions, the level of admission that you give will dictate the outcome that you are issued.

Youth Caution (YC)

This option means you will be entered into the Criminal Justice System.
You will be invited to work with the Youth Justice Service (YJS).
Youth Cautions are recorded on the pre-conviction report and can be looked at in future criminal proceedings.
There must be enough evidence for a realistic prospect of conviction, and you must have admitted you are guilty of the offence.
Youth Cautions are considered ‘spent’ when they are issued but may be disclosed on a Disclosure and Barring Service (DBS) check. See the Rehabilitation of Offenders Act 1974 for more information.
You may have to give your fingerprints or DNA.

Level of admission: This can only be applied if you have admitted you are guilty of the crime

Youth Conditional Caution (YCC)

You must agree to accept the caution and the conditions that are attached to it.
You must engage with the Youth Justice Service (YJS) and complete the conditions.
This will usually be applied when the other options have been tried, but can be issued at any point.
YCCs are not usually issued more than once in a two year period for similar offences.
It must be clear that an offence has been committed and there must be a realistic prospect of conviction.
The conditions will usually last for 16 weeks but could be extended to 24 weeks.
If you don’t complete the conditions you may have to go to court.
You may have to give your fingerprints or DNA.

Level of admission: This outcome can be applied if you have given no account (no comment), have admitted guilt or have accepted responsibility for the crime. However, when you sign the YCC, you are admitting that you are guilty.

Note: Knives/Weapons Offences

Crown Prosecution Service (CPS) guidance states if a youth, aged 16 or 17 years is found with a knife or offensive weapon then they have to go to court.

If the offence is committed by a person aged 15 years or under, with no aggravating features they will usually be given a YCC. If the young person is aged 15 years or under and has committed a second offence or there are aggravating features, they will have to go to court.

For further advice on Convictions and disclosing them to school, college or employers contact us to discuss or check out

https://yjlc.uk/resources/legal-guides-and-toolkits/criminal-records or https://unlock.org.uk/

Phone: 01924 482118 or 01484 226263

EmaIl: YJS.Secure@kirklees.gov.uk