Out of court disposals

Suffolk Youth Justice Service promotes the use of out of court disposals to divert children away from formal youth justice outcomes where it is appropriate to do so.

All children who are referred to Suffolk Youth Justice Service (SYJS) for consideration for an Out of Court disposal (OoCD) are assessed by one of our Practitioners. This focusses on understanding the child, their circumstances, their needs, and how we can support them to make positive choices.

The OoCD Joint Decision-Making panel is made up of the Youth Justice Service (YJS), police, mental health, substance misuse and safeguarding teams meet on a weekly basis. They work to understand the incident the child has been involved in, their needs, the impact on the victim and decide an appropriate, defensible outcome.

They use the National Police Chief's Council (NPCC) Child Gravity Matrix and Youth Justice Board (YJB) case management guidance to help them make a decision. The voice of the victim plays a very important part of this and is shared in the meeting.

Plans are developed with children and their families/ carers to help them to make positive choices in the future. This may include them working with a Primary Mental Health Worker, an Educational Psychologist, a Substance Misuse Practitioner or a Speech and Language Therapist. There will be a focus on them understanding the impact of what has happened on others, and this may include completing direct or indirect reparation.

This disposal may be given for any admitted offence where there is sufficient evidence for a realistic prospect of conviction, but it is not in the public interest to prosecute.

For any Youth Caution:

The OoCD Joint Decision Making Panel agree outcome.
The child will be offered intervention with the Youth Justice Service for up to 3 months. They will have a plan of work and support which they can complete.
They will have access to a Primary Mental Health Worker, an Educational Psychologist, a Substance Misuse Practitioner and a Speech and Language Therapist.

Youth cautions are considered to be "spent" as soon as they are issued. This means that they do not need to be disclosed in normal circumstances (e.g. when applying for jobs or insurance).

Whenever a Youth Caution is given, the child, the Police Officer and a parent/carer must sign a form to confirm that it was given for the offence committed. The disposal should be given at a police station unless there is a valid reason why this is not possible.

An enhanced Disclosure and Barring Service (DBS) check will show all Youth Cautions.

A Youth Conditional Caution (YCC) may be offered when a child admits an offence, there is sufficient evidence for a realistic prospect of conviction and when the public interest can be best served by the young person fulfilling the pre-agreed conditions rather than going to court.

For a Youth Conditional Caution:

The OoCD Joint Decision Making Panel agree outcome.
They agree on a set of conditions which the child must complete which are in proportion to the offence, helps support the child and gives them a chance to offer reparation instead of prosecution.
Conditions could include a curfew, staying away from a particular area or another person, and working with the Youth Justice Service.
The child will have a plan of work devised which they must complete within 16 weeks of the YCC being given.
They will have access to a Primary Mental Health Worker, an Educational Psychologist, a Substance Misuse Practitioner and a Speech and Language Therapist.
Non-compliance may result in prosecution at court for the original offence.

Youth Conditional Cautions are considered to be "spent" once the conditions have been completed (normally 3 months).

Whenever a Youth Conditional Caution is given, the child, the Police Officer and a parent/carer must sign a form to confirm that it was given for the offence committed. The disposal should be given at a police station unless there is a valid reason why this is not possible.

An enhanced Disclosure and Barring Service (DBS) check will show all Youth Conditional Cautions.

A Community Resolution is used for minor offences or anti-social behaviour incidents. This is an informal agreement between the parties involved and is often used the first time a child commits an offence where they have admitted to committing the offence.

The Police are able to make a decision to give a child a community resolution. They may also decide that the child should be referred to the Youth Justice Service for an assessment, and be referred to the OoCD Joint Decision Making panel.

For a community resolution given by the Panel:

The OoCD Joint Decision Making Panel agree outcome.
Victims wishes will be taken into account
Child’s agreement is required in order to participate and accept responsibility.
Child may be referred to another agency for support, such as Substance Misuse Services.
The child can be referred to the “Turnaround” programme (depending on their eligibility)

An enhanced Disclosure and Barring Service (DBS) check may include details of Community Resolutions (at the chief officer’s discretion).

This disposal can be given where the child has agreed to work with the Youth Justice Service to complete diversionary, educational or intervention activity.

For an Outcome 22:

The OoCD Joint Decision Making Panel agree outcome.
The child will be required to complete intervention with the Youth Justice Service under the ‘Diversion’ programme. They will have a plan of work and support which they can complete.
They will have access to a Primary Mental Health Worker, an Educational Psychologist, a Substance Misuse Practitioner and a Speech and Language Therapist.
They will be offered support for up to 3 months.

Should the child not complete the diversion programme, the Police have the option to enforce a formal disposal outcome.

Whilst there are offences recorded on police databases, on this basis alone Outcome 22 does not result in a criminal record. When disclosing offences an individual will not normally be asked if they have a criminal record but if they have any convictions or cautions. This is not a conviction or a caution. When an employer carries out an enhanced DBS check, the Police will decide if any information they have about you about previous allegations is relevant and needs to be disclosed.

Suffolk YJS offer the Ministry of Justice ‘Turnaround’ Programme. This programme is funded until 31/03/25.

Children aged 10-17 who fit one or more of the following criteria are eligible for Turnaround:

Those who have come to notice of agencies with enforcement powers for repeated involvement in anti-social behaviour (ASB);
Those involved in anti-social behaviour who have received: Community Protection Warning/Notice (CPW/N) / Acceptable Behaviour Contract (ABC) / Civil Order for ASB;
Who are interviewed under caution following arrest or subject to a criminal investigation attending a voluntary interview;
Those who are subject to No Further Action (NFA) decision*;
Those who are subject to a Community Resolution*;
Those receiving a first-time youth caution, not including conditional caution*;
Released under investigation (RUI) or those subject to pre-charge bail (PCB); or those discharged by a court;
Those acquitted at court;
Those fined by a court.

The criteria marked with an asterisk relate to children subject to OoCDs

Children who are currently open to Children’s Social Care are not eligible for Turnaround. Children who have previously been open to YJS on a statutory order are also not eligible

The OoCD Joint Decision Making panel can decide that the child and their network can be referred to Turnaround to support them.

The child will work with an allocated Practitioner to complete a plan of intervention/support.
This is voluntary, and the child can ‘opt out’ at any time.
This can last for up to 12 months.
Turnaround can only be offered up to 3 months after the Police outcome.

Charge

Charging a child to court for offences they have committed means that the case will be put forward for prosecution in court. Information about this is found in the court outcomes section.

Out of court disposals

Youth Caution

Youth Conditional Caution

Community Resolution

Outcome 22 (diversion)

Turnaround

Charge