Out of Court Resolutions
A Practical Legal Guide to Diverting Children Away from Prosecution
The starting point of the youth justice system is clear: children should be diverted away from prosecution wherever possible. Out of Court Resolutions (OOCRs) are central to achieving that aim, yet they are often misunderstood, unevenly applied or missed entirely — with lifelong consequences for children as a result.
This comprehensive guide explains the full range of out of court resolutions available to children, how decisions are made, and how practitioners can effectively argue for diversion at every stage of the process.
Produced by the Youth Justice Legal Centre, the guide brings together law, policy, evidence and practice to support child‑centred, proportionate decision‑making that avoids unnecessary criminalisation.
What this guide covers:
- The legal and policy basis for the presumption of diversion in the youth justice system
- The full range of formal and informal OOCRs, including youth cautions, youth conditional cautions, community resolutions and no further action outcomes
- How decision‑makers apply the public interest test and the Child First principles
- The Child Gravity Matrix and how it should (and should not) be used in practice
- Repeat OOCRs and why previous diversion does not bar further diversion
- The role of vulnerabilities, adverse childhood experiences and care experience in OOCR decision‑making
- Joint decision‑making between police, Youth Justice Services and the CPS
- Knife offences, sexual offending and other serious allegations where diversion may still be appropriate
- OOCRs and child criminal exploitation, including the risks of incentivising admissions
- The dangers of encouraging children to admit guilt solely to secure diversion
- The impact of OOCRs on criminal records, DBS disclosure, immigration and future prospects
- How bias and racial disproportionality affect access to diversion
- The critical impact of turning 18 while a decision is pending
Throughout, the guide provides clear practical advice, worked examples and advocacy tips to help professionals intervene early — when diversion decisions are most likely to shape a child’s future.
Who this guide is for:
- Defence lawyers representing children
- Youth Justice Service practitioners
- Police and CPS decision‑makers
- Professionals advocating for child‑centred justice
- Anyone seeking to prevent unnecessary criminal records and long‑term harm
If you represent or work with children at risk of prosecution, this guide gives you the legal framework, strategic insight and practical tools to argue confidently for out of court resolution, challenge flawed decision‑making and keep children out of the formal justice system wherever possible.
Download now for authoritative guidance on diversion, child‑first justice and effective advocacy for OOCRs.