Code for Crown Prosecutors - Skadden

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The Code for Crown ProsecutorsYouths8.1 For the purposes of the criminal law, a youth is a person under18 years of age.8.2 Prosecutors 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 for 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. Prosecutors must consider theinterests of the youth when deciding whether it is in the publicinterest to prosecute.8.3 Prosecutors 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 for 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
The Code for Crown ProsecutorsMode of Trial9.1 Prosecutors must have regard to the current Magistrates’ CourtSentencing Guidelines and the relevant Practice Direction whenmaking submissions to the court about where the defendantshould be tried.9.2 Speed must never be the only reason for asking for a case tostay in the magistrates’ courts. But prosecutors should considerthe effect of any likely delay if a case is committed or sent to theCrown Court, and the possible effect on any victim or witness ifthe case is delayed.Venue for trial in cases involving youths9.3 Generally, prosecutors must bear in mind that youths should betried in the youth court, wherever possible. It is the court whichis best designed to meet their specific needs. A trial of a youthin the Crown Court should be reserved for the most seriouscases or where the interests of justice require a youth to bejointly tried with an adult.23
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Code for Crown Prosecutors - Skadden

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