Conditional Cautioning
A conditional caution can be used when adults admit their guilt for a relatively low level offence.
Victims benefit by having their case dealt with speedily and without needing to attend to court. Where they are awarded compensation, this can be paid directly and more swiftly than if they were to go through the usual court process.
An alternative to prosecution in court, conditional cautions have the advantage of freeing up courts to allow magistrates to focus on more complex and contested cases. Besides a cost saving for the court, conditional cautions also cut the cost of dealing with offenders.
They are typically to be used in offences committed by adults aged 18 years and over, such as:
- low level criminal damage
- theft – for example, shoplifting
- public order and alcohol/drug related offences
The Police can recommend a conditional caution but it must be agreed by the Crown Prosecution Service (CPS). The scheme works by the offender contracting to complete a condition within a specific time – usually 16 weeks. If the condition is not met the case will be referred to the CPS, which is able to prosecute the original offence.
The conditions fall under two categories, reparation and rehabilitation. Offenders are often set a mixture of the two, so that they can address the problems causing or contributing to their offending behaviour, and reduce the risk to future victims.
Reparation
This can include:
- restoring stolen goods
- paying compensation
- writing a letter of apology to the victim
Rehabilitation
An offender, caught committing an offence under the influence of drugs or alcohol, can be contracted to attend a drug treatment agency.
As alcohol and drug use are a major cause of low-level criminal offences, swift access to drug and alcohol services can make a difference to reducing crime in a community.
Consequently, many areas in London are working in partnership with their local Drug Intervention Teams & Alcohol Services to provide attendance at drug or alcohol assessment as part of a conditional caution.
Case 1
A motorist damaged a car when its owner took what he regarded as ‘his’ car parking space. The defendant of previous good character was arrested for criminal damage. He paid £1,400 compensation in full within a few months.
Case 2
A diner, who had too much to drink, made off without paying at a restaurant after abusing a member of staff. He was arrested for alcohol related offences of harassment and obtaining services dishonestly. He wrote a letter of apology to the victim, and returned to the restaurant to pay the compensation and apologise directly for the incident.
Conditional cautions are operational in every London borough. The roll out was completed ahead of schedule in March 2008.
