Annual Report page 72

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The rule is intended to ensure that people are not discriminated against. It is not intended to exclude due consideration of factors which, as a matter of fairness, should be taken into account in assessing their level of culpability.

PROSECUTION OF JUVENILES

2.8 Special considerations may apply to the prosecution of juveniles. In some cases prosecution must be regarded as a severe measure with significant implications for the future development of the child or young person concerned. Whilst each situation must be assessed on its merits, there will frequently be a stronger case for dealing with the situation by some means other than actual prosecution. On the other hand, the seriousness of the alleged offence and the conduct, character and general circumstances of the juvenile concerned may leave no alternative.

The public interest will not normally require the prosecution of a juvenile who is a first offender where the alleged offence is not a serious one. Furthermore, whilst it may be appropriate to prosecute a 17 year old for a particular offence it may be singularly inappropriate to prosecute a 10 year old who has committed an offence of a similar kind.

Different considerations may apply in relation to traffic offences where infringements may endanger the lives of the young driver and other members of the community.

2.9 The factors set out in paragraph 2.5 are also relevant to any consideration as to whether a juvenile should be prosecuted. However, the following matters are particularly important:
  1. The seriousness of the alleged offence;
  2. The age, apparent maturity and mental capacity of the juvenile;
  3. The available alternatives to prosecution and their likely efficacy;
  4. The sentencing options available to the court if the matter were to be prosecuted;
  5. The family circumstances and, in particular, whether the parents appear willing and able to exercise effective discipline and control over the juvenile;
  6. The juvenile's antecedents including the circumstances of any previous cautions that he or she may have been given; and
  7. Whether a prosecution would be likely to cause emotional or social harm to the juvenile having regard to such matters as his or her personality and family circumstances.
2.10 Under no circumstances should a juvenile be prosecuted solely to secure access to the welfare powers of the court.

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ANNUAL REPORT  2011-12  DIRECTOR OF PUBLIC PROSECUTIONS                                                                                    72

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