Wigan

Building Stronger Communities Partnership

Out of Court Disposals

Guidance and Procedures2013

Version 3

Updated July 2013

This guidance clarifies Wigan’s procedures in relation to Youth Out of Court Disposals from the 8th April 2013. This guidance should be read in conjunction the following National Legislation, National Policies and National Guidance documents:

Section 135 to 138 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

Youth Justice Board National Standards 2013

Youth Justice Board and Ministry of Justice Youth Out of Court Disposal Guidance 2013

Restorative Justice Council Code of Conduct.

Youth Conditional Caution Codes of Practice: -

Current ACPO Youth Gravity Matrix,

Victim Code of Practice,

The Full Code Test and

The Police and Criminal Evidence Act amended 2012.

Director of Public Prosecutions’ guidance on Youth Conditional Cautions, (original pilot sites)

Director of Public Prosecution’s guidance on restorative justice

In addition to the above National Guidance the following local guidance should also be taken into consideration:

Wigan Youth Offending Team Case Management Guidance,

Wigan Youth Offending Team Risk of Serious Harm Asset Guidance

Wigan Youth Offending Team Risk Management Plans Guidance.

Restorative Solutions Victim Guidance 2013

These procedures have been produced by Graham Doubleday, Team Leader for Wigan Restorative Solutions Team.

Updates to these procedures should not be made in isolation and all updates remain the responsibility of the author.

These procedures will be reviewed by October 2013.

1. Introduction

1.1The principal aim of the youth justice system, established by section 37 of the Crime and Disorder Act 1998, is to prevent offending by children and young people. From the 8th April 2013 Reprimands, Final Warnings and Penalty Notice for Disorder will no longer be sanctions available to Police Officers. Sections 135 to 138 of the Legal Aid, Sentencing and Punishment of Offenders Act 2013 outlines the new landscape for Youth Out of Court Disposal postthe 8th April 2013.

1.2The following Youth Justice Board Chart defines the three options available Nationally to a Police Officer from the 8th April 2013 when considering an offence appropriate for an Out of Court Disposal.

1.3The new National Landscapeidentifies the use of Community Resolutions as a means of dealing with all low level offences that are deemed to be not in the public interest to prosecute, where acceptance of responsibility has been made, and where the young person agrees to the process.

1.4Given Greater Manchester Police’s significant investment and long standing comitment to the use of restorative justice Greater Manchester will not be implementing Community Resolutions as per the National Model. Greater Manchester will continue to use Restorative Justice Disposals as per the model below.

1.5The benefits of this new system are that unlike the previous Out of Court Disposals available to Police Officers the new system is not an escalating system in that young people can receive any of the Out of Court Disposalsfor an offence at any stage of their involvement with the Criminal Justice System. Young people can receive any number of the different disposals, at varying degrees of the punitive scale, depending on the severity of the new offence. Further benefits are that the new process encourages joint decision making between the Police and Council to promote positive outcomes for young people, and victims of crime, and it provides safeguards against inappropriate disposals, including inappropriate repeat cautioning.Consideration should always be given to the appropriateness of administering multiple disposals to the same young person within a short period of time.

1.6As with previous Out of Court Disposals the new system places a strong emphasis on the use of restorative approaches to address issues resulting in positive outcomes for both young people and victims of crime.

2.Charge

2.1The Police still have the option to charge a young person for a Summary Only Offence, regardless of plea, and any Either Way Offence providing it is not one of the following:

a case requiring the consent to prosecute of the DPP or Law Officer;

a case involving a death;

connected with terrorist activity or official secrets;

classified as Hate Crime or Domestic Violence under CPS Policies;

an offence of Violent Disorder or Affray;

causing Grievous Bodily Harm or Wounding, or Actual Bodily Harm;

a Sexual Offences Act offence committed by or upon a person under 18;

an offence under the Licensing Act 2003 L

3.Local Context

3.1From a local perspective Wigan Council has a specialised team who’s remit is to engage, assess and offer interventionsto young people who are involved in all aspects of Risky Behaviour which falls below the criteria for a formal Police Charge to Court.

3.2Wigan Restorative Solutions Team will work with young people under the following circumstances:

Contact cards for anti-social behaviour

Restorative Justice Disposals

Voluntary Support Programmes

Substance Misuse Issues.

Youth Mediation

X-Zones Friday evening diversionary activities

Neighbourhood Resolutions Panels (currently Marsh Green area only)

Youth Cautions

3.3Youth Conditional Cautions will be case managed by Wigan Youth Offending Team

4.The New Landscape

4.1Wigan Borough has a proven track record in effectively using effective restorative justice approaches in relation to all aspects of “Risky Behaviour” and this will continue as a standard approach throughout the new Out of Court Disposal Landscape.

5. Youth Justice Liaison and Diversion (known locally as “Divert”)

5.1Divert is an option available to all Police Officers in relation to young people they suspect of having unmet health needs that may be impacting on their offending behaviour. The Scheme ensures that people with mental health issues, physical health, learning disability, substance misuse or speech and language issues have access to a fast track comprehensive assessment in order to identify the needs of the young person and to fast track them into appropriate treatment and support. Divert can be requested directly by the police for any offence of gravity 4 or below. Divert has two options available to Police Officers.

5.2Option 1, The Police Officer refers the young person to Divert via the Restorative Solutions Duty Box. Young people referred to Divert will be allocated to a qualified practitioner within 24 hours of receiving the referral. The Divert team will offer a comprehensive health screening at the young person’s home, or at another suitable venue if required. Upon completion of the assessment a report will be produced for the Police Officer outlining the outcome of the assessment allowing the Police Officer to make an informed decision on the most appropriate outcome for the case.

5.3Option 2, the Police request that the young person receives a Triage screening in Custody by a member of the Restorative Solutions Team. This is not a comprehensive health assessment but a screening process that identifies any potential vulnerabilities that the Police need to be aware of in order to make an informed decision. This scheme currently operates during office hours only and does not replace current Section 136 Procedures or Child Safeguarding Procedures where the Police have urgent concerns about a young person’s health and wellbeing.

5.4As with all other Out of Court Disposals all young people dealt with by means of Divert should be referred to Restorative Solutions through the Restorative Solutions Duty Box.

6.Restorative Justice Disposals

6.1Restorative Justice Disposals are a non statutory disposal which support the professional judgement of Police Officers to assess an offence, balance the young person’s offending history with the views and wishes of the victim in order to reach an outcome which best meets the interests of the victim, and of the public, in a restorative way.

6.2Restorative Justice Disposals will continue to be promoted as an effective way of dealing with offences of a less serious naturewhere the following circumstances are present:

The offence is a gravity one or two offence on the ACPO Gravity matrix

The young person is accepting involvement in the incident

The young person is expressing remorse

There is an identifiable victim

The victim is supportive of the process

Arecognised restorative process has taken place

6.3Restorative Justice Disposalsare not classed as a statutory disposal and young people who receive a Restorative Justice Disposals do not count as a First Time Entrant into the Criminal Justice System.

6.4From a Police recording perspective Restorative Justice Disposals are classed as a “Positive Outcome,” they do not count as a Sanction Detection. Young people may receive any number of Restorative Justice Disposals although consideration should be given to the appropriateness of issuing high numbers of multiple disposals.

6.5Restorative Solutions will offer an initial home visit to all young people who receive a Restorative Justice Disposalwith a view to offering an initial Asset Assessment and a Voluntary Intervention Programme. Young people are not obliged to engage in any intervention at Restorative Justice Disposals stage and any intervention is therefore voluntary.

7.Youth Caution

7.1A Youth Caution may be given for any offence when the young person admits an offence, there is sufficient evidence for a realistic prospect of conviction but it is not in the public interest to prosecute. Young people receiving a first Youth Caution will become First Time Entrants into the Criminal Justice System.

7.2Young people may receive any number of Youth Cautions although consideration should be given to the appropriateness of issuing multiple disposals. A first Youth Caution is aimed to be equivalent to the previous Police Reprimand on a scale of severity.

7.3A second, or any subsequent Youth Cautions, are aimed to be equivalent to the previous Final Warning on a scale of severity. The process for administering second and subsequent Youth Cautions differs from the process for a first Youth Caution and this will be expanded further in the guidance.

7.4Restorative Solutions will offer an initial home visit to all young people who receive a Youth Caution with a view to offering them an initial Asset Assessment and a Voluntary Intervention Programme. Young people are not obliged to engage in any intervention at Youth Caution stage and any intervention is therefore voluntary.

8.Youth Conditional Caution

8.1A Youth Conditional Caution is a statutory disposal lasting up to three months that is offered to young people as an alternative to Police prosecution. A Youth Conditional Caution can contain aspects of rehabilitative, punitive and reparative conditions aimed at reducing the risk of any further offending behaviour and repairing the harm caused by the offence. Young people’s engagement with a Youth Conditional Caution is a statutory requirement and any non compliance may result in the young person being prosecuted for the original offence and the matter being dealt with by the Court. Youth Conditional Cautions are aimed to be a higher tariff disposal than the previous Final Warning on a scale of severity.

8.2Young people made subject to Youth Conditional Cautions will be supervised by Case Managers in the Youth Offending Team.

9.Police Notification

9.1Upon issuing a young person with any Out of Court Disposal Wigan Police will email the Restorative Solution Team within 24 hours with the following information:

URN

Crime Description

SRN

Young person’s name, address, date of birth and age.

Victims’ name, address and date of birth.

Disposal type and date.

Arresting officer’s name and collar number

Any suspected health needs such as substance misuse issues, mental health, speech and language issues.

9.2Notification of all Out of Court Disposals will be made to the Restorative Solutions Duty Box at the following secure email address:

9.3In line with Wigan Council Data Sharing protocol it should be noted that this is a secure email address for Wigan Council Departments. Referrals from outside Wigan Council will not be secure unless sent using one of the following methods:

Secure email – ClearSwift, GCSx, PNN

Secure File Transfer (SFTP, HTTPS)

File encryption software (7zip)

10.Administration Checks

10.1Upon receiving the notification from the Police via the Restorative Solutions Duty Box the administration team will complete background checks on the young person. The checks will include the following:

YOIS

MiCase

Liquid Logic

One

Core

Sharepoint

Confident Families List

10.2Administration will also email Wigan Victim Support via secure email to see if the victim of the offence is currently open to them. If the victim is accessing a service then Victim Support will make the initial contact with the victim to ascertain if they would like to accept an initial home visit from Restorative Solutions at that’s stage.

11.Allocations

Young Person

11.1If the young person is currently open to either Restorative Solutions or the Youth Offending Team then the new disposal will be allocated to the current Case Manager. If the young person has previously been open to Restorative Solutions then in terms of best practice the case will be re-allocated to the previous Case Manager whenever possible. If the young person was previously open to the Youth Offending Team, but the case has been closed over three months, then the young person will be allocated to a Restorative Solutions Worker.

12Victims

12.1In relation to young people allocated within Restorative Solutions the victims will be allocated to the same Case Manager. In relation to young people allocated to a Youth Offending Team Case Manager then the victim will be allocated to a Restorative Solutions Worker.

13.Restorative Justice Disposals and First Youth Caution

13.1From a Restorative Solutions perspective the processes for working with young people made subject to a Restorative Justice Disposal, or afirst Youth Caution, will be identical and this will be determined as Pathway 1. Second and subsequent Youth Cautions,along withall Youth Conditional Cautions, will follow a different process to Pathway 1 for some aspects and processes specific to these disposals will be determined as Pathway 2. Some aspects of process are common to all Out of Court Disposals and these will be highlighted as Pathways 1 and 2.

14.Pathway 1 for Restorative Justice Disposals and First Youth Cautiononly.

14.1The police have sole decision making responsibilities in relation to issuing a young person with a Restorative Justice Disposal or a first Youth Caution and as such these will be issued by the Police without any consultation.

14.2Once administration checks have been completed by the Restorative Solutions Team the case will be prepared for the weekly allocation meeting which is held every Wednesday morning.

15.Pathway 2 for Second, and subsequent Youth Cautions, and all Youth Conditional Cautions.

15.1For second and subsequent Youth Cautions, and all Youth Conditional Cautions, the Police are required to allow a period of 15 working days for the completion of an assessment by the Restorative Solutions Team or Youth Offending Team.

15.2Once administration checks have been completed the case will be allocated to the Case manager within 24 hours of receipt of the notification.

16.Sexual Offences

16.1In relation to young people involved in offences of sexually harmful behaviour a period of six weeks of Conditional Bail will be given for the completion of a specialist AIM Assessment. Young people involved in offences of sexually harmful behaviour will be allocated to an AIM Trained Case Manager in the Youth Offending Team.

17.Victims of Crime

17.1Victim consultation and restorative interventions should only be undertaken by trained and experienced members of staff and as such all victims of crime will be allocated to a Restorative Solutions Worker. Victims of sexually harmful behaviour will only be allocated to nominated staff. At the time of writing these procedures there are limited to the following:

Shirley Johnson

Victoria Finnigan Lord

PC Helen Martin.

17.2For further guidance on victim contact see Wigan Restorative Solutions Team Victim Guidance 2013.

18.Pathways 1 and 2 for all Out of Court Disposals

18.1From the date of allocation the case manager will contact the young person and offer an initial home visit which will take place within five working days of allocation.

18.2The allocated case worker is responsible for ensuring that they comply with Health and Safety guidelines by using the Electronic Home Visit Schedule and, when appropriate, direct support from a colleague in relation to initial home visit.

18.3The key targets from the initial home visit are:

Initial assessment will be completed and fully entered on YOIS within 10 working days of allocation.

Education Training and Employment (ETE) information and the impact and suitability of accommodation will need to be updated.

Young people who are not accessing appropriate levels of ETE will require an Education Support Plan.

Risk of Serious Harm Assessments (ROSH), Risk Management Plans (RMP) and Vulnerability Management Plans (VMP) will be completed within 15 working days of allocation for low and medium risk cases and 10 working days for high and very high risk cases.

Low Risk and Medium Risk, Risk of Serious Harm Assessments (ROSH) Risk Management Plans (RMP) and Vulnerability Management Plans (VMP) will be reviewed at least once every 6 months. All High Risk and Very High Risk will be reviewed at least once every three months,

A Vulnerability Management Plans should be completed for every Looked After Young Person which will be reviewed in line with risk levels described above.

All ROSH, RMP and VMP will require countersigning. Cases assessed as Low will be countersigned by a Senior Practitioner all cases assessed a medium or above will be countersigned by a manager.

All programmes must have an intervention plan and these should be completed and on the system within 15 working days of allocation. The plan should be written in conjunction with the young person and presented in a language and format relevant to their age and level of understanding.

Consideration should be given to issues of Diversity and the Diversity box should be completed in all cases.

18.4During the initial home visit the young person will be asked to engage with an Asset Assessment. In relation to Restorative Justice Disposals and all Youth Cautions this is a voluntary process, for Youth Conditional Cautions any non compliance may result in the young person being prosecuted for the original offence.