7. Out-of-Court disposals

An out-of-court disposal is when someone admits that they did the crime but their case does not go to court. Instead they are given a 'caution' or something similar.

Conditional cautions

Two men talking, sitting at a desk. A 'conditional caution' is when the offender is told that they must not do the crime again. Their case will not go to court as long as they do certain things. They might have to pay money to the victim or repair any damage that they have caused.

Adding a piece of paper to a file. A conditional caution is not a criminal conviction.

But it is on the offender's criminal record.

Prosecutors and courts can take a conditional caution into account for future crimes.

When are conditional cautions used?

Two men talking, sitting at a desk. In some cases, the prosecutor can decide on a conditional caution rather than taking the suspect to court.

The Houses of Parliament. This might happen if a conditional caution is right for the seriousness of the crime and it fits what the criminal law says.

A policeman writing at a desk, talking to a man sitting opposite. Prosecutors must be satisfied that the suspect did the crime.

Group of happy friends. Prosecutors may use a conditional caution if they think it is best for the victim, the community or the suspect.

Man thinking, holding his chin. Only prosecutors can make this decision.

Man holding checklist with big tick. To make these decisions prosecutors follow the Code of Practice and the Guidance on Conditional Cautioning from the Director of Public Prosecutions.

What happens next?

Man signing a confession. If the suspect agrees with the conditional caution and follows what it says, then the case does not go to court.

Law court, showing scales of justice. If the suspect does not agree with the conditional caution or won't say they did the crime, then the case goes to court.

Man thinking, holding his chin. If the offender breaks the conditional caution, the prosecutor can decide later to charge them and take the case to court.

Other cautions

Policewoman writing in her notebook. The police can also give a defendant a 'simple caution'. This is for less serious crimes.

Man holding checklist with big tick. Prosecutors must be happy that the Full Code Test is followed and the offender clearly says they did the crime.

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Difficult words

Caution: A 'conditional caution' is when the offender is told that they must not do the crime again. Their case will not go to court as long as they do certain things. They might have to pay money to the victim or repair any damage that they have caused.

Conditional cautions are given out by prosecutors.
Simple cautions can be given out by the police.
Charge/ Charging: The charge is the name of the crime that someone does and the law that makes it wrong. The prosecutor normally decides what to charge someone with after the police have arrested them.
Criminal Record: Someone's criminal record is a list of all the crimes they have been found guilty of doing and all the cautions and sentences they have had.
Defendant: A defendant is someone who has been charged with a crime.
Offender: An offender is someone who has been found guilty in court or someone who admits they did it.
Suspect: A suspect is someone who the police think may have done a crime but they haven't been charged yet.