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Part IVE+W+S Dealing with offenders

Chapter IE+W+S England and Wales

[F1Young offenders: youth conditional cautionsE+W

Textual Amendments

F1Ss. 66A-66H (and cross-headings before ss. 66A, 66H) inserted (1.2.2009 for the insertion of ss. 66G, 66H, 1.4.2009 for the insertion of s. 66C, 16.11.2009 for the insertion of ss. 66A, 66B, 66D-66F for specified purposes, 8.4.2013 in so far as not already in force) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 9 para. 3 (with Sch. 27 para. 18); S.I. 2009/140, art. 2(e)(ii); S.I. 2009/860, art. 2(1)(h); S.I. 2009/2780, art. 2(1)(c)(2); S.I. 2013/616, art. 2(b)

66AYouth conditional cautionsE+W

(1)An authorised person may give a youth conditional caution to a child or young person (“the offender”) if—

(a)the offender has not previously been convicted of an offence, and

(b)each of the five requirements in section 66B is satisfied.

(2)In this Chapter, “youth conditional caution” means a caution which is given in respect of an offence committed by the offender and which has conditions attached to it with which the offender must comply.

(3)The conditions which may be attached to such a caution are those which have one or more of the following objects—

(a)facilitating the rehabilitation of the offender;

(b)ensuring that the offender makes reparation for the offence;

(c)punishing the offender.

(4)The conditions that may be attached to a youth conditional caution include—

(a)(subject to section 66C) a condition that the offender pay a financial penalty;

(b)a condition that the offender attend at a specified place at specified times.

Specified” means specified by a relevant prosecutor.

(5)Conditions attached by virtue of subsection (4)(b) may not require the offender to attend for more than 20 hours in total, not including any attendance required by conditions attached for the purpose of facilitating the offender's rehabilitation.

(6)The Secretary of State may by order amend subsection (5) by substituting a different figure.

(7)In this section, “authorised person” means—

(a)a constable,

(b)an investigating officer, or

(c)a person authorised by a relevant prosecutor for the purposes of this section.]