Textual Amendments
F1 Ss. 66ZA, 66ZB and cross-heading inserted (8.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 135(2), 151(1) (with s. 135(4)); S.I. 2013/453, art. 4(d)
(1)A constable may give a child or young person (“Y”) a caution under this section (a “youth caution”) if—
(a)the constable decides that there is sufficient evidence to charge Y with an offence,
(b)Y admits to the constable that Y committed the offence, and
(c)the constable does not consider that Y should be prosecuted or given a youth conditional caution in respect of the offence.
(2)A youth caution given to a person under the age of 17 must be given in the presence of an appropriate adult.
(3)If a constable gives a youth caution to a person, the constable must explain the matters referred to in subsection (4) in ordinary language to—
(a)that person, and
(b)where that person is under the age of 17, the appropriate adult.
(4)Those matters are—
(a)the effect of subsections (1) to (3) and (5) to (7) of section 66ZB, and
(b)any guidance issued under subsection (4) of that section.
(5)The Secretary of State must publish, in such manner as the Secretary of State considers appropriate, guidance as to—
(a)the circumstances in which it is appropriate to give youth cautions,
(b)the places where youth cautions may be given,
(c)the category of constable by whom youth cautions may be given, and
(d)the form which youth cautions are to take and the manner in which they are to be given and recorded.
(6)No caution other than a youth caution or a youth conditional caution may be given to a child or young person.
(7)In this Chapter “appropriate adult”, in relation to a child or young person, means—
(a)a parent or guardian of the child or young person,
(b)if the child or young person is in the care of a local authority or voluntary organisation, a person representing that authority or organisation,
(c)a social worker of a local authority, or
(d)if no person falling within paragraph (a), (b) or (c) is available, any responsible person aged 18 or over who is not a police officer or a person employed by the police.]