JUDICIAL CONSENT SCENES CODE
Prosecutors should refer to the relevant offences under the key legislation of this guidance and the section on Sexual Offences and Child Abuse by Young offenders and Familial Sexual offences in the legal guidance on Youth Offenders and the relevant sections of the Code for Crown Prosecutors.Īll cases of rape and serious sexual offences must be reviewed by a prosecutor who is both a rape and youth specialist prosecutor. Failure to do so may result in proceedings for judicial review as per R (on the application of E) v Director of Public Prosecutions EWHC 1465. Prosecutors are reminded of the need to consider all the circumstances of the offence and the youth and to apply all relevant CPS polices and guidance before reaching a decision to prosecute. Although a youth caution or youth conditional caution may provide an acceptable alternative in some cases, in reaching any decision, the police and the CPS will have to take into account fully the view of other agencies involved in the case, as detailed below. Positive action may need to be taken at an early stage of offending of this type. If an allegation of any sexual abuse committed by a youth offender has been fully investigated and there is sufficient evidence to justify instituting proceedings, the balance of the public interest must always be carefully considered before any prosecution is commenced. It was not Parliament’s intention to punish children unnecessarily or for the criminal law to intervene where it was wholly inappropriate. The overriding purpose of the Sexual Offences Act 2003 is to protect children. When prosecuting youths who have committed sexual offences prosecutors must have regard to the to the principal aim of the youth justice system which is to prevent offending by children and young persons but also to the welfare of the offender. Principal Aim of the Youth Justice System