Investigating the special police warning institution for children and adolescents: with a comparative view of English law

The authority to respond to crime by police authorities has a long history in countries with a common law legal system, especially in England. This authority is referred to as "police out-of-court responses"; Iran's legislator has paid attention to such powers in the police phase by foreseeing the institution of warning among the special powers of the police for children and adolescents, for the first time in the Law on Protection of Children and Adolescents approved in 2019. This research intends to examine the nature and ambiguities of the warning institution in the police phase with a comparative view.

This research was done in a descriptive-analytical way and its findings were collected using library studies, internet resources, articles and Latin studies.

A comparative study of the issue in England shows that the need for the efficiency, productivity and effectiveness of the institution of warning by the police for children and adolescents, the precise description of the nature of this institution, the development of examples of its actions against other petty and light crimes, as well as the separation of the conditions of its application in It is against adult and juvenile criminals.

Considering the emergence of the police warning institution in Iran's criminal justice system, the results of the research show that granting some powers to the police in order to deal with petty crimes, while maintaining the interaction between the police and the judicial system, will strengthen the position of the police in the criminal proceedings process. Will end at. According to the results of this research, the application of the warning institution will be provided on the condition that it is applied at the beginning of the prosecution of the criminal process. Although the legislator has for the first time in Iranian law provided for this authority in the police phase; However, the failure to specify its nature and scope has led to ambiguities.