Out of Court Resolutions and Young Adults

By Carla McDonald-Heffernan

  The purpose of this briefing is to provide practitioners with practice principles to improve the use of out of court resolutions for young adults, aged 18–24. These good practice principles are developed in this paper through an exploration of the evidence context, current policy, case studies and lived experience research. Evidence context Young adults represent a group with increased potential for desistance, as per the age–crime curve, if the right support is in place, and if they are protected from unnecessary criminalisation. The literature highlights that this group is still in the process of maturation, with brain functions still in development, resulting in a lack of impulse control, greater susceptibility to peer influence and decreased ability to consider consequences. Social factors in this transitory period of life also mean that relationships, education pathways, employment and finances can be unstable. These elements contribute significantly to a young adult’s likelihood of offending, and thus effective support in addressing these needs and challenges lowers the likelihood of recidivism. The literature around effective practice for young adults in the justice system emphasises the importance of several key approaches. Trust and relationship-building, specially trained practitioners, provision of holistic support that includes skills and basic support through multi-agency working, and interventions tailored to intersectional needs are all central to effective practice. Policy context Out of court resolutions (OOCRs) aim to provide a proportionate response to low-level offending. The past decade has seen conditional cautions make up a growing proportion of OOCRs, a shift which has coincided with forces moving towards the two-tier OOCR framework. Conditional cautions can include rehabilitative, reparative and punitive conditions. The practice around conditional cautions differs significantly between adults and children. Needs assessments are carried out less often for adults, and the type of conditions imposed on adults is determined by the police rather than through a multiagency process. As a result of the discretion available, practices around adult conditional cautions varies significantly between police forces. Case studies The case studies explored in this briefing are examples of good practice approaches to working with young adults in the justice system. The Gateway Project is a conditional caution programme developed specifically for 18–24-year-olds. It provides useful insights into key features that create effective conditional cautions for this group including external ‘navigators’ who carry out needs assessments and adopt mentorship roles, peer group courses focused on behaviour, and tailored support. The Devon and Cornwall Enhanced Prosecution Scheme highlights the centrality of partnerships with service providers and third-sector organisations to implementing personalised interventions for young adults. The Newham Youth to Adult Probation Hub accentuates the benefit of multi-agency working and services such as mentoring, speech and language therapy and basic provisions of food and clothing in supporting young adults out of offending.

London: Centre for Court Innovation,  2025. 23p.