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Code for Crown Prosecutors - Skadden

Code for Crown Prosecutors - Skadden

Code for Crown Prosecutors - Skadden

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The <strong>Code</strong> <strong>for</strong> <strong>Crown</strong> <strong>Prosecutors</strong>Youths8.1 For the purposes of the criminal law, a youth is a person under18 years of age.8.2 <strong>Prosecutors</strong> must bear in mind in all cases involving youths thatthe United Kingdom is a signatory to the United Nations 1989Convention on the Rights of the Child and the United Nations1985 Standard Minimum Rules <strong>for</strong> the Administration of JuvenileJustice. In addition, prosecutors must have regard to the principalaim of the youth justice system which is to prevent offending bychildren and young people. <strong>Prosecutors</strong> must consider theinterests of the youth when deciding whether it is in the publicinterest to prosecute.8.3 <strong>Prosecutors</strong> should not avoid a decision to prosecute simplybecause of the suspect’s age. The seriousness of the offence orthe youth’s past behaviour is very important.8.4 Cases involving youths are usually only referred to theprosecution service <strong>for</strong> prosecution if the youth has alreadyreceived a reprimand and final warning, unless the offence is soserious that neither is appropriate or the child or young persondoes not admit committing the offence.8.5 Reprimands, final warnings and conditional cautions (see section7) are intended to prevent re-offending and the fact that afurther offence has occurred may indicate that those previousdisposals have not been effective. The public interest will usuallyrequire a prosecution in such cases.22

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