Out of court disposals

Prosecutors may offer a conditional caution where this would be a proportionate response to the seriousness and the consequences of the offending. A conditional caution is not a criminal conviction but it forms part of the offender's criminal record and may be cited in court in any subsequent proceedings. It may also be taken into consideration by prosecutors if the offender re-offends.

Only prosecutors can decide whether to authorise the offer of a simple caution to an offender for an offence that may only be heard in the Crown Court. The occasions when this will be an appropriate disposal will be exceptional. In all other cases, prosecutors may direct that a simple caution be offered or suggest, for example, the issue of a Penalty Notice for Disorder.

The issue of a Penalty Notice for Disorder is, however, a decision for the police.

The acceptance of a conditional caution, simple caution or other out-of-court disposal which is complied with takes the place of a prosecution. If the offer of an out-of-court disposal is refused, a prosecution must follow the original offence. If the terms of any other out-of-court disposals are not complied with, prosecutors will reconsider the public interest and decide whether to charge the offender. Usually, a prosecution should be brought for the original offence.