NCJ Number
133587
Date Published
1990
Length
9 pages
Annotation
The memorandum issued by the British Home Office in 1990 establishes national standards for the police regarding the use of formal cautions rather than legal proceedings for offenders and has several specific implications for juvenile offenders.
Abstract
Home Office Circular 59/1990 states that cautioning is recognized as an increasingly important way of avoiding court proceedings and reducing, for many offenders, the risk of recidivism. It also states that courts should be used only as a last resort, particularly for juvenile offenders and young adults. In addition, it notes the disadvantages of inappropriate and repeated cautioning, emphasizes the importance of participation by other agencies in the decisionmaking process regarding cautioning, calls for appropriate monitoring, and specifies the conditions that must be met before a caution can be given. These include a realistic prospect of conviction; the offender's admission of the offense; and informed consent by the offender or a juvenile offender's parents regarding the caution. In addition, victims should be contacted regarding their views, although their consent to a caution is not required. The memorandum also provides guidelines for administration, recordkeeping, and other aspects of cautions. 8 references