Launch of conditional cautioning in Derbyshire

01/03/2007

Conditional cautioning has today been launched in Derbyshire for all 'A' Division cases.

Conditional cautioning involves the diversion of appropriate cases from the court process.  Under the scheme CPS lawyers, in consultation with police, decide whether an offender should be given a caution with a condition or set of conditions attached rather than face a prosecution.

Brian Gunn, Chief Crown Prosecutor at Derbyshire CPS, said "Conditional cautioning aims to provide a speedy response to offending behaviour.  One main advantage of the scheme is that we can resolve cases of low level offending without the need to go through the court process, which in turn frees up courts to deal with more serious offences. 

"Conditional cautioning can provide benefits for victims too - victim compensation is the most common condition of a conditional caution, and victims can now receive compensation far quicker than if their case had gone to court.

"It also demands an immediate requirement from the offender to tackle their offending behaviour.  This is particularly relevant to offenders with drug dependencies for example, as they can be given immediate access to drug treatment schemes that can help them deal with their underlying problem."

A spokesman for Derbyshire police said "We welcome the launch of conditional cautioning across Amber Valley and Erewash.  We will be working closely with the CPS to identify those offenders who would benefit from this scheme, and we will consider the views of individual victims."

Conditions can fall into one or any of three categories.  CPS lawyers will determine what conditions would be appropriate in any given case.

• Rehabilitative conditions include the defendant attending a drug assessment with a drug team worker.  (In the future as the scheme expands there may be other conditions such as attending alcohol awareness sessions etc.)
• Reparation conditions could include paying compensation or writing a letter of apology to the victim.
• Preventative conditions include stopping a person from going within a certain distance of a particular house or business premises.
• A condition can also be made that the offender does not commit another offence.

Cautions will only be offered to adults who have admitted their guilt for relatively low-level offences.

A conditional caution forms part of an offenders criminal record and if he fails to abide by the conditions set, the conditional caution is revoked and he is prosecuted for the original offence. 

The offender has the option of refusing a conditional caution and going to court instead.

Conditions will be time-bound so as to ensure that a prosecution for a breach will be possible.  At present the conditions have to be complied with within three months so as to give time to issue summonses in summary only offences.