Stricter rules to govern how police use cautions will ensure they
should only be used for minor, first-time offences under a new
code of practice published today (2 August).
- government to end patchwork of cautions, warnings and
penalties
- strict conditions attached to all cautions with penalties for
any breach
- victims’ views to be enshrined at the heart of police
decision making process
Last year, the government changed the law to end a patchwork of
cautions, warnings and penalties that had previously led to the
inconsistent and, sometimes, inappropriate use of so-called Out
of Court Disposals (OOCDs).
It was replaced with a simpler two-tier caution system designed
to deal with low-level and first-time offences in a proportionate
way outside of court, while sending a clear message that serious,
persistent offenders will always be pursued rigorously through
the courts.
The new, draft Code of Practice provides stricter guidance to
police on how and when to use OOCDs, including the need to
consider victims’ views when considering using them and the
conditions applied to any caution.
Justice Minister said:
The current system for these punishments has grown unwieldy, and
has led to inconsistencies in their use.
This simplified system will ensure victims see justice being
delivered, better nip lower-level criminality in the bud and
guarantee the most serious offenders always face the full glare
of the courtroom.
The new cautions framework introduced through the Police, Crime,
Sentencing and Courts Act 2022 has 2 types:
- Community Cautions (lower tier) where a breach of the
conditions can result in a fine
- Diversionary Cautions (upper tier) where a breach of the
conditions can result in prosecution for the original offence
They are an important way of tackling the early stages of
offending behaviour, helping to nip it in the bud and steer
people away from a life of crime.
Unlike in the previous system, both cautions must be issued with
one or more meaningful conditions focusing on rehabilitation or
providing direct restitution to the victim or the local
community. These could include targeted unpaid work such as
cleaning up graffiti, drug treatment courses or a compensation
payment to the victim.
Offenders must admit their offence to be eligible for the new
cautions, meaning they accept responsibility for their actions
and engage with their punishment. Certain serious crimes like use
of offensive or bladed weapon will be specified as excluded
offences, sending a strong signal that serious offences should be
pursued through the courts.
The changes will also provide clarity to frontline police
officers over when and how cautions should be used, empowering
them to deliver swift justice for low level offences while
ensuring the public are always protected and serious offenders
are always pursued through the courts.
NPCC Lead for Out of Court Resolutions (Disposals), Cmdr Dr.
Alison Heydari, said:
I am delighted that we are moving into the next phase of the
delivery of the new cautions framework.
The new simplified framework affords us the opportunity to divert
those away from offending behaviours through appropriate
Diversionary Interventions who otherwise might have entered the
Criminal Justice System. The strategic intention is to support,
educate and rehabilitate where it is appropriate to do so leading
to better life outcomes for families, communities and wider
society.
The consultation launched today sets out the draft Code of
Practice for Diversionary and Community Cautions. Once finalised,
the Code will provide operational guidance on the use,
administration, and scrutiny of the new cautions. It will be used
by Police, Crown Prosecutors, and other authorised bodies when
considering sanctioning an offence out of court.
The draft Code of Practice sets out our proposals for how the new
cautions will work, including factors to consider case-by-case
for their repeat use and available financial penalties.
Notes to editors:
