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Youth Caution

Legal terms A-Z

Children aged 10 – 17 years old can be given a youth caution if they admit a criminal offence. A youth caution is a formal out of court disposal. The police must have enough evidence to prove an offence was committed. A child must have an appropriate adult if they are given a youth caution. The person administering the caution must explain the effect of the youth caution in ‘ordinary language’ and the child receiving the youth caution is entitled to free legal advice before accepting it (however, unlike adults they do not consent to receiving a youth caution). The police must notify the Youth Offending Team (YOT) within one working day of the arrest of all children who have been given a youth caution or are being bailed for assessment by the YOT. A youth caution remains on a child’s criminal record. It is considered spent but will appear on an enhanced criminal record check unless it is filtered. However, following R (on the application of P, G and W) (Respondents) v Secretary of State for the Home Department and another (Appellants) it was held that the current filtering rules of youth diversions are incompatible with Article 8 ECHR (right to private life)

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The materials on the YJLC website are for general information purposes only and do not constitute legal advice. While reasonable care is taken to ensure accuracy, the materials may not reflect the most current legal developments. YJLC disclaims liability for actions taken based on the materials. Always consult a qualified lawyer for specific legal matters.

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