Out Of Court Disposal

Dealing with your case out of court

The ultimate aim of the youth justice system is to prevent re-offending. In some instances matters can be dealt with by way of an out of court disposal or police caution. Although these outcomes may seem a suitable way out for a lot of children who find themselves suddenly in trouble with the law, they are not always as straight forward as they may sound, and can still affect a child's criminal record.


What is an out of court disposal? 


An out of court disposal can be issued by the police without the need for you to go to court. Out of court disposals are usually issued for lower level (less serious) or first time offences.


There are different types of out of court disposals.


Formal out of court disposals

  • Youth Caution 
  • Youth Conditional Caution


Formal options may result in entry to the Youth Justice System and in relevant cases the child becoming a first time entrant to the Criminal Justice System. Formal out of court disposal should not be routinely used with children committing first time and less serious offences to ensure the lowest impact possible on the child. 


Informal out of court disposals 

  • Community Resolution
  • No further action 
  • Deferred Prosecution
A black and white drawing of a phone on a white background.

CONTACT US

Contact Us

Police Caution 

A youth caution is recordable, therefore it will be recorded on the Police National Computer and conditional cautions would be disclosable upon an enhanced DBS check, as would a conviction. 


For a caution to be offered to a suspect, they must accept the offending on the basis it is alleged. There are offences which would also make a youth subject to the notification requirements of the Sex Offenders Register and this is something that should be considered prior to the acceptance of a caution. 


How long will a caution stay on my record? 


A police caution for a youth will remain on record for a period of two years unless the caution was for a specified offence listed within schedule 15 of the Criminal Justice Act 2003.


A youth conditional caution remains on a child’s criminal record. It will be considered spent three months after it is issued but it will automatically appear on any standard or enhanced criminal record check (Disclosure and Barring Service check) unless it is filtered.


Speaking with one of our specialist youth lawyers prior to resolving any criminal allegation by way of an out of court disposal is advised. We will be pleased to offer the best advice and support to ensure the most suitable outcome for the child is reached.

Share by: