§ Mr. Kilroy-Silkasked the Secretary of State for the Home Department if juveniles appearing in court can now have previous cautions quoted in court; and, if so, why.
§ Mr. JohnIt has always been possible, when a juvenile has been found guilty in proceedings in a juvenile court, for the fact that he has previously been cautioned to be included in the social inquiry report presented to the court or to be cited in court at the discretion of the magistrates. 491W The court is required by statutory juvenile court rules to have regard to an offender's previous conduct and the fact of a caution may be relevant to the way in which the case is dealt with, particularly since over half the detected juvenile offenders are now cautioned by the police instead of being prosecuted.
For some time there has been concern among juvenile court magistrates and others about differing practice in this respect, and following a conference in September 1977 of the bodies concerned with juvenile court proceedings some guidance was issued by the Home Office which it is hoped will promote greater uniformity of practice in bringing a previous caution to the attention of the court.
A copy of Home Office circular No. 49/1978 giving this guidance has been placed in the Library of the House: I am sending a copy to my hon. Friend.
§ Mr. Kilroy-Silkasked the Secretary of State for the Home Department if any new procedures have been established concerning the appearance of juveniles in court; and if he will publish them.
§ Mr. JohnNone, other than those in section 34–37 of the Criminal Law Act 1977 which relate to committal proceedings, fine enforcement and supervision orders. These provisions will come into force on 17th July 1978.