NCJ Number
107992
Journal
Criminal Law Review Dated: (June 1987) Pages: 367-374
Date Published
1987
Length
8 pages
Annotation
This article reviews major changes in diversion policy and attempts to redress issues raised by a 1983 article on police cautioning of juveniles in England and Wales (see N. Tutt and H. Giller, 'Police Cautioning of Juveniles: The Practice of Diversity,' Criminal Law Review, P 587-595) and the subsequent consultative circular 14/1985 by the Home Office.
Abstract
The original article cited diverse decisionmaking about diversion in different police areas which was not accounted for by differences in offenses committed. The consultative circular recommended expanding offender opportunities for diversion through police cautioning, interagency precautioning liaison, and consistent decisionmaking about cautions. Police forces did respond to opportunities to enhance diversion. Police forces did respond to opportunities to enhance diversion. The cautioning rate for 10- to 17-year olds increased from 47 percent in 1981 to 60 percent in 1985. County forces used cautioning the most in 1981 and 1985. All chief constables were surveyed regarding changes in their force orders to assess the circular's impact, with 34 forces (80 percent) responding. Many forces with low cautioning rates had not yet changed their orders, and many forces with substantial cautioning increases between 1984 and 1985 had changed their orders soon after the circular was published. The article concludes that 'natural justice' still eludes juveniles and recommends examining other factors in assessing the circular's impact. The Code of Practice to Crown Prosecutors, which requires consideration of whether or not diversion was attempted prior to prosecution should be considered. 2 tables and 10 footnotes.