Young Offenders Act 1997

Unless it is impracticable to do so, a conference administrator must, on referral of a matter by a specialist youth officer for a conference under this Part, consult with both the specialist youth officer and the investigating official as to whether the matter should be dealt with by holding a conference if of the opinion that the matter should not be so dealt with, having regard to the following matters—

the seriousness of the offence,

the degree of violence involved in the offence,

the harm caused to any victim,

the number and nature of any offences committed by the child and the number of times the child has been dealt with under this Act.

If the conference administrator, specialist youth officer and investigating official, after consultation, fail to agree as to how a matter should be dealt with, the conference administrator must refer it to the Director of Public Prosecutions.

On referral of a matter, the Director of Public Prosecutions must, having regard to the matters set out in section 40 (5), determine whether the matter should be dealt with by giving a caution, by holding a conference or by commencing proceedings.

The Director of Public Prosecutions must, not later than 14 days after receiving a referral under this section, determine whether or not the child concerned is entitled to have the matter dealt with by holding a conference.

The Director of Public Prosecutions must notify the conference administrator of the Director’s determination.

If the conference administrator, specialist youth officer and investigating official agree, or the Director of Public Prosecutions determines, that a matter should be dealt with by giving a caution, the conference administrator must refer the matter to a person authorised for the purposes of section 27 for a caution to be given under Part 4.

If the conference administrator, specialist youth officer and investigating official agree, or the Director of Public Prosecutions determines, that a matter should be dealt with by holding a conference, the conference administrator must appoint a conference convenor for the conference.

If the conference administrator, specialist youth officer and investigating official agree, or the Director of Public Prosecutions determines, that proceedings should be commenced, the conference administrator must refer the matter back to the specialist youth officer or other appropriate authority for the commencement of proceedings.

Despite any other provision of this section, a child may not be referred for a caution in relation to an offence if the child has been dealt with by caution on 3 or more occasions during the previous 3 years—

whether by or at the request of a police officer or specialist youth officer under section 29 or by a court under section 31, and

whether for offences of the same or of a different kind.