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Crime and Disorder Act 1998

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Crime and Disorder Act 1998, Section 66ZB is up to date with all changes known to be in force on or before 04 October 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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[F166ZBEffect of youth cautionsE+W+S

(1)If a constable gives a youth caution to a person, the constable must as soon as practicable refer the person to a youth offending team.

(2)Subject to subsection (3), on a referral of a person under subsection (1), the youth offending team—

(a)must assess the person, and

(b)unless they consider it inappropriate to do so, must arrange for the person to participate in a rehabilitation programme.

(3)If the person has not previously been referred under subsection (1) and has not previously been given a youth conditional caution, the youth offending team—

(a)may assess the person, and

(b)may arrange for the person to participate in a rehabilitation programme.

(4)The Secretary of State must publish, in such manner as the Secretary of State considers appropriate, guidance as to—

(a)what should be included in a rehabilitation programme arranged for a person under subsection (2) or (3),

(b)the manner in which any failure by a person to participate in a programme is to be recorded, and

(c)the persons to whom any such failure must be notified.

(5)Subsection (6) applies if—

(a)a person who has received two or more youth cautions is convicted of an offence committed within two years beginning with the date of the last of those cautions, or

(b)a person who has received a youth conditional caution followed by a youth caution is convicted of an offence committed within two years beginning with the date of the youth caution.

(6)The court by or before which the person is convicted—

(a)must not make an order under [F2section 80 of the Sentencing Code] (conditional discharge) in respect of the offence unless it is of the opinion that there are exceptional circumstances relating to the offence or the person that justify it doing so, and

(b)where it does so, must state in open court that it is of that opinion and its reasons for that opinion.

(7)There may be cited in criminal proceedings—

(a)a youth caution given to a person, and

(b)a report on a failure by a person to participate in a rehabilitation programme arranged for the person under subsection (2) or (3),

in the same circumstances as a conviction of the person may be cited.

(8)In this section “rehabilitation programme” means a programme with the purpose of rehabilitating participants and preventing them from re-offending.]

Textual Amendments

F2Words in s. 66ZB(6)(a) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 157 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

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