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Baber, Mary. The Youth Justice and Criminal Evidence Bill [HL] [Bill 74 of 1998-99].
This research paper provides background information for the Youth Justice and Criminal Evidence Bill. At the time the paper was written, the Bill had completed its passage through the House of Lords and was due for debate in the House of Commons. The Bill would enable a new sentencing disposal for the youth court. Specifically, this sentencing disposal would make possible referral to a youth offender panel for young offenders convicted for the first time. The primary aim of the youth offender panel would be to prevent re-offending. The Bill would also make a number of changes to the law concerning the giving of evidence in criminal proceedings.
Criminal Justice System (England). Conditional Cautioning: Criminal Justice Act 2003, Sections 22-27. Code of Practice & associated annexes
Conditional Cautioning enables offenders to be given a suitable disposal without the involvement of the usual court processes. Where rehabilitative or reparative conditions (or both) are considered preferable to prosecution, Conditional Cautioning provides a statutory means of enforcing them through prosecution for the original offence in the event of non-compliance. The key to determining whether a Conditional Caution should be given – instead of prosecution or a simple caution – is that the imposition of specified conditions will be an appropriate and effective means of addressing an offender’s behaviour or making reparation for the effects of the offence on the victim or the community. (excerpt)
UK Parliament. Crime and Disorder Act 1998, sections 65-69
UK legislation setting out criteria for dealing with juvenile offending. The provisions include cautioning and the work of youth offending teams.
Home Office. Draft Criminal Justice Act 2003, Sections 22-27. Conditional Cautioning: Code of Practice
The Code governs the use of conditional cautions under Part 3 of the Criminal Justice Act 2003 (“the Actâ€?). The text of the relevant provisions of the Act is attached at Annex A. Conditional cautioning enables offenders to be given a suitable disposal without the involvement of the usual court processes. Where rehabilitative or reparative conditions (or both) are considered preferable to prosecution, conditional cautioning provides a statutory means of enforcing them through prosecution for the original offence in the event of non-compliance. The key to determining whether a conditional caution should be given – instead of prosecution or a simple caution – is that the imposition of specified conditions will be an appropriate and effective means of addressing an offender’s behaviour or making reparation for the effects of the offence on the victim or the community. The Act defines a conditional caution as ‘a caution which is given in respect of an offence committed by the offender and which has conditions attached to it’. (excerpt)
UK Parliament. Youth Justice and Criminal Evidence Act 1999.
4. Part I of the Act provides further reform to the youth justice system in England and Wales.; 5. The White Paper No More Excuses (CM 3809 November 1997) included a range of proposals to improve the effectiveness of the youth court in preventing offending by children and young people. This is now the principal aim of the youth justice system.; 6. The Crime and Disorder Act 1998 gave effect to a number of the White Paper proposals, including new sentences for young offenders and a final warning scheme to replace juvenile cautions. 7. The Youth Justice and Criminal Evidence Act gives effect to further reforms to theyouth court proposed in the White Paper. It creates a new sentence of referral to a youth offender panel. Referral will be available for young people convicted for the first time and its primary aim is to prevent re-offending.; 8. The youth offender panel will work with the young offender to establish a programme of behaviour for the young offender to follow. The programme will be guided by the following three principles ('restorative justice'): 1)Making restoration to the victim; 2) Achieving reintegration into the law-abiding community; 3) Taking responsibility for the consequences of offending behaviour. (excerpt)

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