The Youth Caution (Warning)
About the Authors Susan Stewart Susan is a Specialist Speech and Language Therapist for young people. She qualified as a Speech and Language Therapist in 1997 and works for North Tees and Hartlepool NHS Foundation Trust. Since 2008 Susan has specialised in working with young people with complex Speech, Language and Communication Needs (SLCN). She is seconded to County Durham Youth Offending Service (CDYOS). l
Sarah Caden Sarah is a Practice Improvement Officer with CDYOS. Sarah has worked in Youth Justice in a variety of roles since 2000. Sarah is CDYOS Lead for SLCN. Experience has taught her that SLCN is one of the greatest barriers to engagement for young people who offend. Sarah is a passionate advocate for ensuring that the communication needs of young people who offend are met. l
Acknowledgements Special thanks to: l Young people supervised by CDYOS and their parent/carers: for providing valuable feedback on the resources. l CDYOS Staff for trialing resources, and offering support and advice. l Durham Constabulary Solicitors for advising on the content of the booklet. l County Durham and Darlington Foundation Trust and North Tees and Hartlepool NHS Foundation Trust for their partnership work with CDYOS. l Mark Crombie, Creative Designer, ICT Design and Print for creating professional resources that meet communication friendly standards. l Gill Eshelby (Strategic Manager, CDYOS) for having the vision to implement the CDYOS SLCN strategy. All income generated from ClearCut Communication will be used to improve outcomes for young people who offend and young victims in County Durham.
This is a ClearCut Communication resource developed by CDYOS. Copyright Š 2016 Durham County Council. Permission granted to reproduce this resource for personal and educational use only. Commercial copying, hiring, lending is prohibited.
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The Youth Caution What is a Youth Caution (Warning)? A caution is a legal warning. A Youth Caution is given when a young person (aged 10-17 years) agrees at the police station that: l they
have done something wrong and against the law
Your meeting is Friday at 11am.
l they
will do the activities the Youth Offending Service ask, to stop themself getting into more trouble with the police
How long does it last? Youth Cautions are ‘spent’ as soon as they are given. ‘Spent’ means when you apply for a job you usually don’t have to tell them about your Youth Caution. The Youth Caution information is kept on the police computer.
The Youth Caution is not a criminal record. A young person can have more than one Youth Caution at a time. The police and court may be told when the young person does another thing wrong and refuses to do the activities with the Youth Offending Service.
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The Youth Caution in Easier Words The information on the rest of these sheets tells you what is in the official police Youth Caution form in easier to understand words.
Please read it and also look at the official police Youth Caution form.
Please read the numbered points below:
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A Q
Tell the Police Officer or Youth Offending Service Officer any parts you do not understand.
These are the numbered points you are asked to agree to.
1 I was told I could get free legal help. I could speak to a solicitor or a person who is not a police officer. I was told a Youth Caution would be offered to me.
A Youth Caution means: l I agree I did something wrong Court
l I have not been to court for doing something wrong l I was told a Youth Caution would be offered to me
A Youth Caution lets the police keep information about me on the police computers. 4
I agree that I hurt or upset someone, or damaged something.
LAW
The legal name for what I did wrong is written at the start of this form.
2
The police showed me information about what I did wrong (evidence). The police may use: l what people say l what people write l what people text about me l a film of me
You
My fingerprints will also show what I did wrong.
Q W E A S D Z X C 0
*
I know the Police or Crown Prosecution Service want to give me a Youth Caution. The Crown Prosecution Service are the court people who say what happens to me.
No Court
I can say ‘no’ and not have the Youth Caution. When someone says ‘no’ to a Youth Caution, the person may have to go to court. 5
3
Sometimes the police get told more information about what happened. The police may then think I did a worse thing wrong (crime). The police can then ask a court to think about what will happen to me.
4 Court
Sometimes I may have hurt or upset someone. The hurt or upset person (victim) may ask a special court to think about what happens to me. This special court is called a Civil Court. This does not happen very often.
5 Sometimes people do a second thing wrong and then go to court. The police will then tell the court I already have a Youth Caution.
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6 The police may tell my boss about this Youth Caution.
The police have to tell the boss of some jobs about the Youth Caution (for example teachers, doctors, soldiers, taxi drivers, care workers). These jobs mean someone looks after someone and has to do the right thing.
101 1 4 7
*
2 5 8 0
3 6 9
I can ask the Notifiable Occupations Co-ordinator on telephone number 101 for information about this. The Notifiable Occupations Co-ordinator knows which job bosses need to know about my Youth Caution.
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7 When I want a job or to work unpaid (volunteer): l with people needing help
l where I need to do the right thing and be honest For these jobs you may be asked if you have had a Youth Caution.
Application Form
When I try and get one of these jobs I must put that I have a Youth Caution on the criminal records check form. This criminal record check form comes from the Disclosure and Barring Service (DBS). Most jobs will not ask me to complete a criminal record check form. I do not need to tell anyone about my Youth Caution if I am not asked to complete the criminal record check form.
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8
rding Safegua ble Vulnera Act Groups
Children’s Barred List
Some crimes mean I cannot work with children or adults. The law (Safeguarding Vulnerable Groups Act 2006) Prescribed Criteria and Miscellaneous Provisions Regulations 2009 (as amended) says what crimes stop people working with children or some adults.
Adults Barred List
The police will tell me when my crime stops me working with children or some adults. The police will tell the Disclosure and Barring Service that I have a Youth Caution and cannot work with children or adults. The Disclosure and Barring Service may put my name on: l the Children’s Barred List l the Adults Barred List If I am told my first crime stops me working with children or adults and then I try to work with children or adults I will be doing a second crime.
9 and Violent ender Sex Off r Registe
When my crime is a sex act and I accept the Youth Caution, my name may be put on the Violent and Sex Offender Register. There will then be some rules about what I can and cannot do. The police will tell me when there are rules for what I can and cannot do. I understand the rules we talked about. 9
10 Some countries do not let people go to them when they have a Youth Caution. When I have a Youth Caution I should check that I can go on holiday, work, learn or live in the other country.
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I understand that saying yes to this Youth Caution means I may still be taken to a future court.
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Court
I understand that saying yes to this Youth Caution means the person I hurt or upset (victim) may still take me to a civil court.
I have read or someone has read to me, the words on this form. I understand what happens next when I sign this caution form. I understand that signing my name on this form means I have agreed with the results and rules of me getting a Youth Caution. I agree to have a Youth Caution for what I did wrong. The name for what I did wrong is written on this form. Signing your name means you understand and agree with what is written on the form. Young Person’s Signature: _____________________________________ Supervising Officer’s Signature: ________________________________
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The Youth Caution (Warning)