A prosecution for any offence is devastating, however for a youth particularly more so when they are at the beginning of their lives, a pivotal stage of their education or beginning a career.
The decision to prosecute a youth is made by the Crown Prosecution Service (CPS) following a police investigation. The CPS consider the Code for Crown Prosecutors when deciding whether or not to prosecute any suspect. The code address evidential considerations and then public interest considerations.
The public interest considerations are given further thought by the prosecutor where children are concerned and address given to the personal characteristics of the child, their background and personal circumstances.
It is also vital for considerations to be given to the following factors:
All cases of rape and serious sexual offences must be reviewed by a prosecutor who is both a rape and youth specialist prosecutor.
There are additional obligations places upon the prosecutor when considering cases involving youth suspects.
Prosecutors should also obtain and consider:
Our specialist youth team will always liaise with the police and the Crown Prosecution Service to ensure the needs of that child are met, that they are protected, and the correct approach is taken with how the case proceeds.
A decision to prosecute a child is susceptible to judicial review if it can be shown that the prosecutor has not taken into account all the information about a child’s background and the public interest factors set out in the Code. Therefore, where a child defendant instructs us following a charging decision, we will always review the decision to ensure the factors have been applied correctly and fairly during the decision making process.
