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Legal matters

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Original poster

Youth offending team

14 replies

Blossomflowers · 20/03/2015 11:53

My 14 DS was caught with the smallest bit of cannabis ( very stupid and being dealt with) he was brought home by the police. Was given a caution, searched his room.
I have just had a call from someone saying they are from the youth offending team " about his arrest and visit to the police station". He was not arrested and did not visit any police station. They want to come to the house and talk about what action is to be taken. I am confused what all this means. I thought the caution was the end of it. Can anyone say what legal position is on this.

OP posts:

Comingoutofhibernation · 20/03/2015 11:58

He will not have had a caution, as that is for an adult. In the circumstances you describe it sounds more like a warning of some sort. The youth offending team get involved with any children who come to police notice. As I understand it their job is to work with them to prevent re offending. I would imagine their involvement can only be a good thing for your DS. In your shoes I would speak to them, and see what they can offer.

MrsSquirrel · 20/03/2015 12:07

The youth offending team are part of social services. They would have received a referral from the police.

The YOT will want to talk about what help or support they might be able to offer to try and stop ds from re-offending. It's not a punishment. IIWY I would let them speak to ds and see what they say.

26Point2Miles · 20/03/2015 12:10

don't be too worried,they were great when my own DD was being a pain! they can help so that the drug problem doesn't take hold/escalate

Original poster

Blossomflowers · 20/03/2015 12:14

I have agreed to meet them on Tues but not a good start when they get the facts wrong. We are dealing with DS about smoking, working with the school and getting great support there. It was shock for us Her attitude did not sound very helpful, does my son I legally have to accept a caution and meet these people?

OP posts:

EElisavetaOfBelsornia · 20/03/2015 12:29

First you should find out if he has been given a Youth Caution or a Youth Conditional Caution. If it's the second then there are mandatory conditions attached and your DS will have to comply with them, and if he doesn't it can be returned to court for a charge (in practice it's very very unlikely a court would charge for a small amount of cannabis though). If it's a Youth Caution without conditions then there is no obligation to engage though the Youth Offending Service can offer support on a voluntary basis.

Once the caution has been issued by police your DS can't refuse it. If it's his first involvement with YOT and he didn't try to deny or minimise, you could ask why it went to caution rather than diversionary measures being considered. There is a programme called Triage in England or Bureau in Wales where the YOT do the intervention on a voluntary basis and the young person then doesnt have a caution on their record.

As a PP said lots of the support YOTs can give is excellent - why not go on Tuesday with an open mind and see if they can help your DS. If the particular worker isn't very sensitive (and there are some less skilled people in every job) you can ask to talk to a manager or see if someone else can talk to you.

Original poster

Blossomflowers · 20/03/2015 13:08

EE thank you for your post. Yes his first involvement YOT and he was very open and honest about everything, he is also very sorry and trying very hard to redeem himself. I have no idea what type of caution. They are coming to out house on Tues so will keep an open mind.

OP posts:

SunnyBaudelaire · 20/03/2015 13:11

you might find the YOT quite helpful, they are around here anyway.
My son was involved with them after he stole a bottle of vodka from the supermarket. It was certainly not punitive. they might be able to arrange drug counselling for example.

EElisavetaOfBelsornia · 20/03/2015 13:23

You and DS should also be aware that YCs and YCCs stay on his record for life. So any job involving an enhanced DBS check (used to be called CRB) will show the caution, and he will have to explain what happened. It's usually not a big deal - professions like teaching, social work, even police would accept someone with one, one off pre court outcome for a minor offence, if it was a while ago and there is clear remorse. It can affect some things though - when the Police and Crime Commissioners were elected no one with any conviction or warning of any kind could stand, even if it was a youth caution from 50 years ago. There is also a story at the moment about some of the Rotherham victims not getting compensation because they had criminal records. On the whole though he should be able to move on with life.

Original poster

Blossomflowers · 20/03/2015 14:01

The police told me it would disappear off his record when he is 18. We have not signed anything yet, I am getting a bit confused as being told different things. Willing to accept help, but when this woman called earlier and clearly did not read the facts does not really give me confidence.

OP posts:

EElisavetaOfBelsornia · 20/03/2015 14:06

Sorry OP but it's more complicated. It will be 'spent', but will still appear on a DBS check. So if an employer or college asks if he has any unspent convictions or cautions he will be able to answer no, but it would show on the DBS check.

Original poster

Blossomflowers · 20/03/2015 16:27

EE ok, looks like I need them to clarify things. I feel they have not been totally honest

OP posts:

prh47bridge · 20/03/2015 23:58

So any job involving an enhanced DBS check (used to be called CRB) will show the caution

That is not true. The information EElisavetaOfBelsornia has given is wrong. The police are correct.

Most cautions are removed from DBS checks once they are 2 years old if the offender was under 18 at the time of the caution, 6 years if the offender was older. There are some offences for which the caution will remain on DBS checks for life but a caution for possession of drugs will be removed. You can read about it here.

Your son's caution will disappear from DBS checks before he reaches the age of 17 so will not be a problem for employment purposes.

The information EEli gives about Police and Crime Commissioners is also wrong. You are disqualified from standing if you have ever been convicted of an imprisonable offence even if you weren't actually imprisoned. Accepting a youth caution does not disqualify you.

I am not aware of any Rotherham victims being refused compensation due to having criminal records.

Butterflywings168 · 28/03/2015 18:37

Fine people with criminal records are scum who don't deserve jobs, DC or a future. are dirty and tainted for life. I am better off dead.

prh47bridge · 28/03/2015 22:54

Having a criminal record may bar you from some jobs but there are many jobs you can do despite having a record. Once any conviction is spent most employers are not entitled to know about it. Having a record certainly does not bar you from having children. And you are certainly not dirty and tainted for life.

Do you have a conviction? If you would like to say what it is for I can advise the likely effect.

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