ABSTRACT
In this chapter we consider the nature of police discretion in the context of a study of Northamptonshire's pre-court decision-making process, carried out between January 1999 and April 2000. We begin, however, with a brief historical overview of police cautioning practice. The overview raises a number of issues that are then addressed in the context of our analysis of the way police decision-making may have changed. Northamptonshire is an area well known for its policy not to prosecute young offenders, 1 but the youth justice reforms of the Crime and Disorder Act 1998 (a new system of reprimands and warnings as well as provisions to reduce delays) have inevitably affected the way decisions whether or not to prosecute young people are taken. These decisions are increasingly important now that pre-court decisions are seen increasingly not as alternatives to court, but as a first step towards it.
