2. Guidance: cautioning and charging

The College of Policing, with the National Police Chiefs’ Council, has issued the following document which provides current advice to the police in relation to tackling knife crime: Guidelines on the Investigation, Cautioning and Charging of Knife Crime Offences, April 2015. These Guidelines are based on the “fundamental principle” that those who illegally carry and use knives should be prosecuted. In relation to young people, the guidelines state as follows: 2.1.1 The starting point for police will be an expectation to charge 16 and 17 year olds (unless there are exceptional circumstances) in all cases. (…) 2.1.3 In the case of any young person aged 15 or under in the cases of simple possession with no aggravating factors, the starting point will be the issuing of a Youth Caution or Youth Conditional Caution. Forces should ensure that, in relation to offences involving a knife, a second caution is not issued to a young person. (…) 2.1.5 Discretion does exist to deviate from the normal response, as set out above, but only if the circumstances justify this, and the reasons for such action would need to be fully recorded by the decision maker. It is recommended that forces consider delegating this decision to the rank of at least an Inspector. Section 17 of the Criminal Justice and Courts Act 2015 sets out restrictions on the use of cautions for certain serious offences. For specified either way offences, including all of the possession offences described in section 1.1 of this note, a caution must not be given unless an officer of at least the rank of Inspector has determined that there are exceptional circumstances relating to the offender or the offence.9 For further information see Gov.uk, Simple cautions: guidance for police and prosecutors and Crown Prosecution Service, Legal Guidance, Offensive Weapons, Knives, Bladed and Pointed Articles.

9 Criminal Justice and Courts Act 2015 (Simple Cautions) (Specification of Either-Way

Offences) Order 2015, SI 2015/790 and Criminal Justice and Courts Act 2015 (Simple Cautions) (Specification of Police Ranks) Order 2015, SI 2015/830