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CHAPTER 6<br />
PROGRESS OF THE<br />
POLICE SUPERINTENDENTS’ DISCRETION SCHEME<br />
6.1 Under the Police Superintendents’ Discretion Scheme (PSDS), a<br />
Police officer at the rank of Superintendent or above may, at his or her discretion,<br />
administer a caution to a juvenile offender instead of initiating a criminal<br />
prosecution. With effect from 1 September 1995, the age ceiling of offenders<br />
eligible for PSDS was raised from the age of under 17 years old to under<br />
18 years old so that more juvenile offenders could benefit from the Scheme. The<br />
FCC monitors the progress of the PSDS through the half-yearly progress reports<br />
submitted by the Commissioner of Police.<br />
Overall Situation<br />
6.2 6 049 juveniles 7 were arrested for various criminal offences in 2009,<br />
representing a decrease of 4% compared with 2008 (6 303). The five most<br />
common criminal offences committed by juvenile offenders in 2009 were shop<br />
theft, wounding and serious assault, miscellaneous thefts, serious narcotics<br />
offences and unlawful society offences (see chart at Appendix P).<br />
6.3 Not all arrested juveniles are eligible for PSDS. Under the existing<br />
guidelines of the Department of Justice, a juvenile offender may be considered<br />
suitable for PSDS if –<br />
(a)<br />
(b)<br />
(c)<br />
(d)<br />
at the time the caution is administered, the offender is under<br />
the age of 18;<br />
the evidence available is sufficient to support a prosecution;<br />
the offender voluntarily and unequivocally admits the offence;<br />
and<br />
the offender and his/her parents or guardian(s) agree to the<br />
caution.<br />
6.4 It is only where the offence in which a juvenile offender is involved<br />
is of a less serious nature (such as shop theft) that a Superintendent of Police<br />
may consider exercising his discretion to issue a caution to a juvenile under the<br />
PSDS. If an offender has a previous criminal conviction, a caution would not<br />
normally be considered, but each case rests on its own merit. Other<br />
discretionary criteria that would be considered in deciding whether a caution<br />
7<br />
For the purpose of this chapter, a juvenile refers to a person aged from 10 to under 18.<br />
109
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