This snapshot, taken on 01/03/2005, shows web content selected for preservation by The National Archives. External links, forms and search boxes may not work in archived websites.
THE
CRIME AND DISORDER ACT
FINAL WARNING SYSTEM
Sections 65-66
The new final warning
scheme, which includes police reprimands and warnings, will replace cautions
for young offenders. The warning is to be accompanied by intervention to
reduce the likelihood of re-offending.
The new system has been introduced in order
to end the practice of repeat cautioning, which led to inconsistency which
in turn undermined public confidence. It also ensures that each offence
committed by a young offender will be met with a progressive response designed
to prevent any further offending.
Under the final warning scheme the only response
available to the police in dealing with offending by young people, short
of prosecution, will be a police reprimand or a final warning. The current
cautioning system will remain for adults.
Reprimands will be available for first-time
minor offences. Any re-offending will result in either a final warning
or charge. In the most serious cases a final warning may be appropriate
for a first offence. Apart from in exceptional circumstances, any further
offending after a final warning has been issued will result in a charge.
After receiving a warning a young offender
is referred to a youth offending team without delay. The youth offending
team will then assess the offender to determine whether a rehabilitation
programme aimed at preventing re-offending is appropriate and, in the vast
majority of cases, provide such a programme.
The courts' use of conditional discharge for
young offenders who have previously received a warning is restricted. Unless
there are exceptional circumstances relating directly to the offence or
offender, the option of a conditional discharge will not be open to the
courts where they are sentencing the offender for a crime committed within
two years of receiving a warning.
Pilots of the final warning scheme began in
6 areas on 30 September 1998 and will run for 18 months in total.
Subject to the outcome of the pilots, the
Government's aim is formally to bring the provisions concerning final warnings
into nation-wide operation during 2000-2001.
