Another new court disposal? It's an out-of-court disposal - that's the point, to try and keep more young people from a prosecution and court appearance.
So when did this idea come up? It's been available for adults since about 2003, and the Criminal Justice and Immigration Act 2008 provided for it to be extended to 10- to 17-year-olds. It is now being phased in and will initially apply only to 16- and 17-year-olds. This consultation offers a code of practice on how it will be applied and administered.
What does it consist of then? In cases where it's felt appropriate, a young person can be spared prosecution if they consent to some conditions. These should involve rehabilitation, reparation or punishment. So, in the first case that might mean a substance misuse programme or any of a range of familiar interventions run by youth offending services. In the second case, it might mean apologising or making good, generally subject to the wishes and agreement of the victim. Punishments might mean a financial penalty or up to 20 hours of unpaid community service. Breach of the conditions will mean prosecution for the original offence will be restarted.
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