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Theft

Answer

The Crown Prosecution Service (CPS) reviews all cases in accordance with the Code for Crown Prosecutors. Crown prosecutors consider whether there is sufficient evidence to provide ca realistic prospect of conviction' and if such evidence exists, whether it is in the public interest to prosecute the accused. A prosecution will usually take place unless there are public interest factors tending against prosecution, which clearly outweigh those tending in favour, or it appears more appropriate to divert the person from prosecution. The public interest decision will depend upon all the circumstances of the offence and the background of the offender. In respect of adults, diversionary options include informal warnings, cautions, and, in some places, conditional warnings. A caution will only be appropriate when the public interest accords with the Home Office's guidelines on cautioning. In respect of youths, the Crime and Disorder Act 1998 established a diversion scheme to prevent re-offending by children and young people, who are issued with reprimands or final warnings aimed at diverting them from crime before they enter the formal court system. This scheme, which replaced the previous system of repeat cautioning, provides a response, with appropriate interventions to reduce re-offending. Although the CPS may be consulted during the course of an enquiry if officers want to seek advice on the correct charge, the decision whether or not to issue a reprimand or final warning is for the police. Since the introduction of this scheme, the Home Office has issued detailed guidance to the police forces in England and Wales on the application of the legislation to ensure national consistency. It provides a number of options enabling a reprimand or final warning to be administered to a youth, depending on the seriousness of the offence. The police are guided to the appropriate resolution by the identification of a number of gravity factors in the case. A caution or final warning may be an appropriate disposal where a youth without previous convictions or cautions commits an offence, fully admits it and shows appropriate remorse. A very large percentage of young people who are the subject of the diversion scheme do not re-offend.

Secondary information

Type

Written question

Reference

434 c456-7W;434 c458-9W; 1615

Session

2005-06

Related items

Muggers (Prosecutions)
Monday, 27 June 2005
Written questions
House of Commons

Subjects

Crimes against the person Prosecutions Young offenders Theft