The Decision to Prosecute a Youth

Making the Decision to Prosecute a Youth

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: 

• the respective ages of the parties
• the existence and nature of any relationship
• the parties’ levels of maturity and
• whether there was a serious element of exploitation

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:

• The views of the Local Authority Children’s and Young Persons Services
• If one has already been completed, an assessment or report by the Local Authority or Young Offenders services such as AIM (Assessment, Intervention and Moving on)
• Background information and history of similar conduct by the parties 
• The views expressed by the victim and the views of the families of all parties
• Information about the relationship between the parties and the consequences for the victim of the decision whether or not to prosecute.