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Conditional Cautions

What is a Conditional Caution?

It’s a new way of dealing with adult (over 18) offenders who commit relatively low level offences and who are prepared to admit their guilt.

The types of offence include some theft offences, criminal damage, common assault, minor fraud etc.

Conditional Cautions cannot be given for serious offences such as wounding, serious assaults, carrying knives or other weapons, serious disorder such as affray, high value thefts, damage etc or any offence triable only at the Crown Court.

They cannot be used for Domestic violence cases to  what are called “Hate Crimes”, those with a racial, religious or homophobic element in them.

If an offender has a number of previous convictions or cautions, he or she may not be suitable for a Conditional Caution.

Conditional Cautions are a way to deal with the sort of offences that affect society every day, like shoplifting and drink or drugs fuelled disorder.
Conditional Cautions differ from the usual Police Caution because they are, in effect, a “suspended prosecution”. That means that an offender, having admitted his guilt, agrees to fulfil conditions within a certain time. If he does so, the prosecution does not proceed and a Caution stands in its place. If he does not fulfil the conditions, prosecution for the original offence will follow.

The police identify suitable cases.

The CPS set the Conditions
The Director of Public Prosecutions issues Guidance setting out the offences for which Conditional Cautions can be used, and how the Police and the CPS go about administering them.
The usual conditions are:

• Pay compensation
• Write a letter of apology
• Stay out of certain areas or premises, or not to contact certain persons*
• Take part in drug or alcohol awareness sessions** 

Victims are always consulted before an offender is offered a Conditional Caution. Victims’ views are always considered, but the decision to impose a Conditional Caution lies with the CPS.

Here’s how it works: A man has a night on the townduring which he gets drunk. On his way home, in his drunken state, he damages a number of cars by ripping their doors mirrors off. He gets arrested. When he’s sober he admits the offences and is obviously sorry for what he’s done. He agrees to be Conditionally Cautioned. The CPS lawyer decides that there is sufficient evidence to prosecute and that it is in the public interest to do so, but the prosecution should be suspended pending the offender paying compensation, and writing a letter of apology, to each victim. The victims agree that this is a suitable outcome. The offender is then given a Caution and time to pay the compensation and write the letters.

If he complies, the Caution stands and remains on record.
If he doesn’t comply, the Caution is cancelled and the offender is prosecuted in court.

The benefits of the scheme are:

• Victims receive compensation quickly.
• Letters of apology bring closure.
• The police have less paperwork to do.
• The costs of a court hearing are removed
• Drugs and Alcohol awareness sessions can encourage offenders to take address underlying behaviour (Drinking too much and losing self control; stealing in order to fund a drugs habit)
• The offender does not have a conviction recorded against him / her. (But the Conditional Caution remains on record and is citable in court in any future proceedings. It also has to be declared to employers in certain circumstances. It will be revealed in any CRB checks)
• It’s efficient: Only about 6% of Conditional Caution end up as court cases because the offender failed to comply with Conditions

*This condition can only be used in conjunction with another condition. It cannot be unfair. For instance, a Condition not to pass along a certain street cannot have the effect of preventing an offender from getting to his place or work or his own home.
** This type of condition is not available in Warwickshire at the present time. 
Conditional Cautions are only available for offences dealt with at the Nuneaton Custody Centre at this time. They will be available throughout the whole County from 3rd March 2008.